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[Call meeting to order.]

[00:00:35]

>> CALL MEETING TO ORDER. IF YOU WOULDN'T MIND STANDING UP FOR THE PLEDGE. FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

>> THIS IS A PROPERTY NOTICE PUBLIC HEARING HELD IN CONCURRENCE WITH THE REQUIREMENT OF FLORIDA LAW.

THE PUBLIC WILL BE GIVEN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO THE AGENCIES'S AREA OF JURISDICTION AND COMMENT DURING THE HEARING. ANY MEMBER OF THE PUBLIC DESIRING TO SPEAK MAY DO SO BY FILLING OUT A SIGN IN SHEET AVAILABLE IN THE FOYER. THE PUBLIC WILL SPEAK AT A TIME FOR A LENGTH OF TIME DESIGNATED 3 MINUTE.

SPEAKERS SHALL IDENTIFY THEMSELVES WHO THEY REPRESENT AND NAME ADDRESS FOR THE RECORD. IF A PERSON DECIDES TO A FEEL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND MAKE SLUR $SURE A VERBATIM RECORD IS MADE.

ANY DOCUMENTARY EVIDENCE SUCH AS DIAGRAMS STARTS OR WRITTEN STATEMENTS THIS PROVIDED TO THE CLERK FOR INCLUSION IN THE RECORD. THE RECORD WILL BE AVAILABLE FOR BOARDS AGENCY COMMITTEE OR COUNTY IN REVIEW OF APPEAL.

AGENCY MEMBERS ARE REMINDED THAT AT THE BEGINNING OF EACH EYE THEM THEY SHOULD STATE WHETHER THEY HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM OUTSIDE THE FORM HEARING OF THE AGENCY.

IF SUCH COMMUNICATION HAS OCCURRED THE AGENCY MEMBER SHOULD IDENTIFY THE PERSON INVOLVED AND THE MATERIAL CONTENT OF THE COMMUNICATION. WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES OF THE WE WILL AVOID PERSONAL ATTACKS.

>> THANK YOU. BEFORE WE GET TO PUBLIC COMMENT, I JUST WANT TO LET EVERYBODY KNOW IF ANYBODY IS FOR THE

[Public Comments.]

AMENDMENT 2029 PRESERVE AT WARDS CREEK THAT'S BEEN RESCHEDULED TO DECEMBER 21ST 2023 SO WE WON'T HEAR THAT TODAY.

IN ADDITION TO THAT I BELIEVE ITEM NUMBER 2 NZVAR MASSIVIES TIRE HAS BEEN WITHDRAWN. NOW FOR PUBLIC COMMENT.

THIS IS YOUR OPPORTUNITY TO COME UP HERE AND TALK ABOUT ANY ITEM ON THE AGENDA OR OFF THE AGENDA. WE WILL GET TO THE ITEM ON THE AGENDA AND YOU'LL HAVE AN ITEM NOT ON THE AGENDA THIS IS YOUR TIME TO DO SO. SO PLEASE COME UP TO THE POETD YUM IF YOU WOULD LIKE TO THE SEEING NO ONE IN THE AUDIENCE.

[1. ZVAR 2023-06 Woodlawn Apartments.]

>> YES THANK YOU. JUST WANT TO RELATE MY CONDOLENCES TO ROBERT TAYLOR. HE IT WAS A LONG-TIME ZONING BOARD MEMBER WHEN I FIRST GOT ON.

A GOOD MENTOR OF MINE AND A GREAT COMMUNITY LEADER AND WE ARE GOING TO MISS HIM. SO JUST WANTED TO GET THAT OUT THERE. ALL RIGHT.OU.- WE ARE GOING TO START WITH ITEM NUMBER 1 NON-ZONING VARIANCE FOR WOODLAWN APARTMENTS MR. EDDY. IS THERE ANY AGENCY MEMBER THAT

HAS EX PARTE COMMUNICATION? >> NO.

>> NOPE. >> HI EVERYONE.

I'M JOSEPH EDDY. I'M PRESIDENT OF J.E. PROPERTIES ADDRESS 150 MT. VERNON STREET BOSTON, MASSACHUSSETTS.

WE HAVE A PRESENTATION. I WAS HERE BACK IN JUNE AND BASICALLY WHAT WE ARE ASKING FOR RELIEF WITH A PARKING, WE HAVE THREE DIFFERENT PARKINGS LOTS. ONE OF THEM SPECIFICALLY NOT USE

[00:05:04]

ED VERY MUCH. WE HAVE A PARKING PASS NON-CONFORMING WITH PARKING AND WE DON'T NEED IT WE HAVE AN ISSUE WITH 200 CHILDREN THAT LIVE AT THE SITE.

THERE ARE VERY FEW PLACES TO PLAY.

THIS IS ONE OF THE PIECES OF GRASS PARTLY BECAUSE OYSTER CREEK RUNS THROUGH IT. SO WE ARE ASKING TO USE SOME OF THOSE PARKING SPACES TO TURN INTO LIKE A SPORT COURT SO KIDS CAN PLAY. IT'S A VERY ACTIVE SITE.

I'VE BEEN DRIVEN IT IN THE EVENING AND THERE'S KIDS PLAYING IN THE PARKING LOT. THAT'S WHAT WE ACCOUNT TO DOCUMENT IT'S OUR MONEY. WE ARE DOING IT BECAUSE WE THINK IT'S THE RIGHT THING TO DOCUMENT WE ARE LONG-TERM HOLDERS NOT TO TRY AND FLIP THIS IN A COUPLE YEARS AND WE ARE NOT MAKING MONEY ON IT. IT'S AN INVESTMENT INTO THE COMMUNITY. WE THINK IT'S A GOOD PUBLIC PURPOSE FOR OUR COUNTY RESIDENTS AND MICROCOSM OF WEST AUGUSTINE.

WE ARE BACK BECAUSE ONE PERSON OPPOSED IT SO WE HAVE A FEW PEOPLE THAT WOULD SPEAK SUPPORTING IT AFTER BUT THIS IS WHAT WE'VE DONE AT THE PROPERTY OVER THE LAST YEAR, ALMOST TWO YEARS NOW. BEFORE AND BE AFTER PICTURES.

SINCE LAST MEETING WE PUT IN A NEW PLAYGROUND, NEW BARBECUE OUTDOOR SEATING ADA UPDATES, AMERICAN DISABILITIES ACTS UPDATES AND WHAT WE ARE ASKING TO DO WE HAVE ABOUT 200 CHILDREN AT THE SITE. WE HAVE ABOUT 35 PARKING PASSES AND BE WE WANT PARKING SPACES. AND THIS ISSING DIAGRAM OR SITE PLAN VS. THE AERIAL OF THE SITE. WE ARE LOOKING AT THE PARKING LOT NORTH. I'LL ZOOM IN RIGHT HERE IS WHAT WE ARE DOING AT DOING AND MOVING THE MAJORITY OF THOSE SPACES AND W WILL HAVE I THINK 5-6 SPACES LEFT FOR PEOPLE TO PARK AT AND THE REST WILL BE THE PLAY AREA FOR THE CHILDREN.

ONE OF THE THINGS THAT DID HAPPEN SINCE OUR LAGS THING ACTUALLY WE HAD A HUGE WASHOUT PARTLY DUE TO THE FACT THE FORMER OWNER DIDN'T COMPOUND THE SITE CORRECTLY SO THERE IS THE SITE WE ARE PUTTING THE PLAY AREA SO WE ARE WORKING WITH THE CIVIL EVENING NEAR TO SHORE THAT UP THAT LEADS INTO OYSTER CREEK SO WE WILL FIX THAT BUT WE ARE GOING TO BE ADDING SPOTS TO WHAT CAN BE USED RIGHT NOW BECAUSE WE HAD TO SHUT IT DOWN.

THIS IS JUST A PARKING COUNT EVERY NIGHT.

THE RESIDENTS WERE NOWHERE NEAR THE SPACES.

THEN WE KIND OF SUBSEQUENT TO OUR MEETING I DIDN'T WANT TO DRAG EVERYONE HERE BUT WE WENT OUT 34 OUT OF 76 UNITS SIGNED OUT PETITION IN FAVOR OF THIS AND LIKE I SAID THERE ARE FOLKS THAT WILL SPEAK AND I THINK THAT'S THE MAJORITY OF GLOSSING OVER IT BUT THAT'S THE PRESENTATION.

>> ANY QUESTIONS? MISS SPIEGEL?

>> I WANTED TO DISCLOSE EX-PARTY I DID VISIT THE SITE.

YES, SIR I DID LOOK AT THE SITE AND DROVE AROUND IN THE LITTLE TYPING PARKING AREAS BUT I LIKE WHAT YOU'VE DONE.

IT THINK THIS WOULD BE A GOOD IMPROVEMENT.

I WAS NERVOUS ABOUT REDUCING THE NUMBER OF PARKING SPOTS AND I TALKED WITH THE STAFF ABOUT THAT AND THEY SAID IT'S REALLY BETTER FOR THE RESIDENTS TO HAVE FEWER PARKING SPOTS FOR VAIR YUGS REASONS SO I THINK IT'S A GOOD IDEA AND I'M VERY EXCITED THAT YOU GUYS ARE STEPPING UP AND DOING SOMETHING FOR THE KIDS BECAUSE WE ALL GOT TO DO OUR PART.

>> SO, WHAT TOOK YOU SO LONG TO GET BACK HERE?

>> I'M SORRY. SINCE I CAME TO THE NEXT MEETING IT WAS MY SCHEDULE AND YOU GUYS ARE BUSY HERE IN ST. JOHNS COUNTY SO I'M SORRY IT TOOK SO LONG.

IT WASN'T A DELAY. IT WAS JUST ME GETTING BACK

HERE. >> I WAS IN FAVOR OF THIS LAST TIME BUT I KNOW IT GOT CONTINUED OR DEFERRED OR WHATEVER, BUT THERE WAS THAT PERSON ■THAT COMPLAINED ABOUT THE DUMPSTERS ON THE DISABLED PARKING SPACES, THOSE HAVE BEEN MOVED?

>> I BELIEVE SO. I THINK OUR EXECUTIVE, BASICALLY

[00:10:03]

THE PERSON THAT RUNS OUR PROPERTY MANAGER WILL SPEAK A LITTLE BIT LATER AND CAN ANSWER THAT.

>> OVERALL I CONGRATULATE YOU FOR DOING THERE.

>> THANK. >> APPRECIATE I. THANK YOU.

>> ANYONE HAVE ANY OTHER QUESTIONS? OKAY. AT THIS TIME WE WILL ASK FOR PUBLIC COMMENT IF ANYBODY WOULD LIKE TO SPEAK ON THIS AGENDA

ITEM PLEASE COME FORWARD. >> GOOD MORNING.

THANKS FOR HAVING ME. I'M CHAVON HOWELL.

I'M A RESIDENT OF JACKSONVILLE, FLORIDA.

THANKS TO THESE GENTLEMEN. THEY'RE DOING AN OUTSTANDING JOB HERE AT WOODLAWN. I'M WITH THE PROGRAM FOR THE STUDENTS AND I'VE BEEN DOING THAT SINCE THE SUMMER OF 2022 SO WHEN THEY TOLD ME ABOUT THIS AS YOU SAID MISS JUDY THEY'VE DONE AN OUTSTANDING JOB OF BEAUTIFYING THE PROPERTY AND THERE ARE SO MANY PARENTS THAT ARE IN THE COMMUNITY THAT ARE FOR IT SO I DON'T UNDERSTAND WHO WOULD HAVE BEEN AGAINST IT BUT I'M IN AWE. I THINK THE STUDENTS WILL BE EXCITED ABOUT IT AS WELL AS THE PARENTS AND I'M FOR IT 100

PERCENT. >> THANK YOU.

ADDRESS PLEASE? >> YES, 14200 DUVALL ROAD ART 924 JACKSONVILLE, FLORIDA, 32218.

>> THANK YOU. >> MY NAME IS YOLANDA ONE OF THE RESIDENT WITH WOODLAWN. I MOVED THERE ABOUT FOUR MONTHS GOAD AND I WAS ACTUALLY WITH ONE OF THEIR OTHER PROPERTIES IN GAINESVILLE AND FOR THEM TO JUST CHANGE EVERYTHING EVERYTHING JUST LOOKS MORE SAFER FOR THE CHILDREN THE LADY THAT JUST WAS UP HERE I FORGOT HER NAME TUTORS MY DAUGHTER AND SHE'S A VERY WELL LADY. SHE'S JUST MAKING CHANGE IN THE COMMUNITY, EVERYBODY JUST ALL THE MANAGEMENT, I MEAN FROM THE PARK LOOKING YOU KNOW JUST I'M NOT GOING SAY NECESSARILY A MESS BUT FOR THEM TO ACTUALLY UPDATE EVERYTHING AND MAKE IT LIKE I SAID SAFER FOR THEM, I FEEL LIKE THE BOYS WOULD LOVE THE PLAY AREA THEY'RE MENTIONING. THEY ALWAYS PLAY FOOTBALL IN MY BACKYARD BY MY WINDOW SO I THINK THEY WOULD ACTUALLY LOVE FOR A PLAY AREA LIKE THAT AND I DO WISH YOU GUYS WOULD JUST TAKE THAT INTO CONSIDERATION AND I APPRECIATE YOU GUYS COMING OUT.

>> THANK YOU. ANYONE ELSE THAT WOULD LIKE TO SPEAK? CAN YOU STATE YOUR NAME AND

ADDRESS? >> HELLO, I'M JADE ADAMS AND MY ADDRESS IS 200 SOUTH WHIT MORE STREET.

I LIVED THERE SINCE I WAS 13. I'M 26 NOW.

THIS IS THE FIRST TIME SOMEBODY HAS PUT IN AN EFFORT IN THE THAT COMMUNITY AND I HAVE HAD A TWO-YEAR-OLD DAUGHTER.

SHE IS ACTIVE. THE PLAY GROUND THAT WAS THERE BEFORE SHE WENT ABLE TO PLAY ON. NOW SHE ACTUALLY GOES OUT.

SHE PLAYS AND SHE INTERACTS WITH THE OTHER KIDS IN THE COMMUNITY.

THE DIRT THANK GOD THAT IS GONE BECAUSE IT'S LIKE CONSTANTLY COMING INTO THE APARTMENT. THAT WAS LIKE UNMANAGEABLE BUT NOW IT'S EASIER TO KEEP THE APARTMENT CLEAN ON THE INSIDE LESS DUST ON THE CEILINGS. THE REPAIRS ON THE INSIDE, I DON'T HAVE LIKE A UPDATED ONE BUT THE ONE DO I HAVE WHEN I MOVED IN IT WAS WELL TAKEN CARE OF AND IT STILL IS.

I WOULD SAY NOTHING HAS BROKEN OR ANYTHING SINCE THEY'VE BEEN HERE AND WHEN THEY DO THEY COME AND DO IT.

IT WAS FOR THE NEW SPORTS AREA JUST FOR MY DAUGHTER AND HER FRIENDS AND IT JUST GIVES US AS PARENTS MORE TO DO WHETHER WE COME OUTSIDE WITH OUR KIDS. THAT'S ALL.

>> THANK YOU. WOULD ANYBODY ELSE LIKE TO SPEAK? STATE YOUR NAME AND ADDRESS FOR

THE RECORD. >> HELLO.

[00:15:03]

MY NAME IS TORI WILL SOND AND MY ADDRESS IS 200 SOUTH WOODLAWN STREET APARTMENT D-35. I'VE BEEN LIVING AT WOODLAWN FOR 13 YEARS AND I'M DOWN FOR [INAUDIBLE] I HAVE A LITTLE GIRL AND HAVE NO FOOTBALL CHILD.

SO WHILE THE BOYS ARE PLAYING FOOTBALL MY GIRLS ARE GOING TO

CHEER THEM ON. >> OKAY.

THANK YOU. >> HELLO.

MY NAME IS KATRINA. I LIVE AT 200 SOUTH WOODLAWN.

WHERE THEY'RE PLAYING FOOTBALL NOW IS DANGEROUS.

I AM DOWN FOR THAT.

[INDISTINCT]. >> THANK YOU.

>> GOOD AFTERNOON. JOHN FERRELL, 90 POINT PLEASANT DRIVE. I'M THE VICE-PRESIDENT FOR GENESEE MANAGEMENT COMPANY CONTRACTED BY J.E. PROPERTIES, MR. JOE EDDY IS THE OWNER OF WOODLAWN TERRIES APARTMENTS.

FOR COMING UP ON TWO YEARS, GENESEE MANAGEMENT HAS MANAGED THIS PROPERTY FOR J.E. PROBLEMS AND IT HAS BEEN AN HONOR AND PLEASURE TO DO SO. I DO WANT TO JUST ACKNOWLEDGE J.E. PROPERTIES HAS PUT CLOSE TO $3 MILLION IN CAPITAL IMPROVING THIS PROPERTY. AND THIS PROPERTY WHEN IT WAS ACQUIRED WAS A TROUBLED PROPERTY, BOTH FINANCIALLY, THE ASSET WAS DETERIORATING, AND IT WAS CONTINUOUSLY FREQUENTED BY LAW ENFORCEMENT, ST. JOHNS COUNTY SHERIFFS OFFICE, AND WITH THE HELP OF THE RESIDENTS AND AN OWNERSHIP SUCH AS J.E.

PROPERTIES AND WORK WITH OUR MANAGEMENT COMPANY WE HAVE BEEN ABLE TO TURN THIS PROPERTY AROUND AND GIVE BACK TO THIS COMMUNITY BY KEEPING THE 200 CHILDREN ON THE SITE WITH THINGS TO DO. THIS A PLENTY -- AMENITY IS GOING TO BE TREMENDOUS FOR THE CHILDREN.

PLEASE CONSIDER VOTING IN FAVOR IF YOU WILL FOR THIS VERY NON-CONTROVERSIAL PROJECT. I WOULD LIKE TO ADDRESS THE MEMBER'S QUESTION EARLIER REGARDING THE DUMPSTERS.

THE DUMPSTERS ARE NOT BLOCKING ANY HANDICAP PARKING.

WE DID HAVE SIGNIFICANT LANDSCAPE IMPROVEMENTS AT THAT TIME SITE RECENTLY CLOSE TO A HUNDRED THOUSAND DOLLAR PROJECT WHERE THERE WAS A PILE OF MULCH COVERING A PARKING SPOT BUT THAT WAS MOVED THAT AFTERNOON AND IT WAS ERROR ON THE BEHALF OF THE CONTRACTOR BUT THANK YOU FOR ALLOWING ME TO SPEAK TODAY AND THANK YOU FOR YOUR CONSIDERATION, MEMBERS OF THE

COMMITTEE. >> THANK YOU.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS ITEM PLEASE COME FORWARD.

>> GOOD MORNING, I'M TAMMY HILL 200 SOUTH WOODLAWN STREET MY APARTMENT IS B-15. I'M DOWN WITH WHAT THEY ARE DOING BECAUSE THE KIDS ARE RIGHT IN THE BACK OF US IS THE PLAYGROUND. BUT THE KIDS, THE GROUNDS WERE SO PRETTY THE GRASS WAS SO BEAUTIFUL BUT BY THE KIDS NOT HAVING NO WHERE TO PLAY THE OLDER KIDS THEY'RE PLAYING FOOTBALL IN THE BACK OF OUR APARTMENTS AND JUST LIKE MS. TRINA WAS SAYING THE KIDS ARE SITTING ON OUR UNITS PUTTING ROCKS IN IT. YOU CAN HEAR IT FROM THE INSIDE OF OUR APARTMENT. THEY'RE PUTTING ROCKS IN IT.

THEY'RE JUST KIDS. THEY DON'T KNOW BETTER BECAUSE DLOENT HAVE NOWHERE ELSE TO GO BUT WOULD YOU ALL PLEASE

[00:20:02]

CONSIDER HELPING US BECAUSE WE REALLY NEED IT.

>> THANK YOU. >> THANK YOU.

>> HELLO, I'M [NAME] SERVICE COORDINATOR.

I'M FRANKLY NEW WITH THE COMPANY BUT IN SHORT TERM I'VE HAD LOT OF DEALINGS WITH THE CHILDREN THAT'S WHERE MY HEART IS AND I'VE ASKED THESE CHILDREN WHAT THEY WOULD LIKE TO SEE ON THE PROPERTY THAT COULD BENEFIT THEM AND THE THINGS THEY LIKE TO DO.

NUMBER ONE I THINK IS A PLACE TO PLAY BALL WHERE WE DON'T HAVE HAD TO WORRY ABOUT CARS BE IN SOMEBODY'S WAY OR FALLING OFF THE [INDISTINCT] THAT'S PART OF THE AGRICULTURE SO I HAVE SOMETHING QUICK SHORT TO SAY I DO THINK THESE CHILDREN COULD BENEFIT IMMENSELY FROM THE SPORTS COURT THAT IS BEING PROPOSED TODAY AND I ASK THAT YOU TAKE THAT INTO CONSIDERATION TO ALLOW ME TO BE THEIR VOICES IN THIS MATTER THAT THESE CHILDREN DO WANT. THIS THEY NEED A SAFE PLACE TO PLAY WHETHER IT'S BASKETBALL SOCCER OR ANYTHING IN THAT AREA THAT THEY HAVE ACCESS TO THESE KINDS OF THINGS MGS THEY'RE NOT ABLE TO SPEAK TODAY SO THAT'S WHERE I COME N. I DO HOPE YOU TAKE THAT INTO CONSIDERATION. THANK YOU.

>> ALL RIGHT. ANYBODY ELSE.

SEEING NONE, MR. EDDY, WOULD YOU LIKE TO COME BACK UP WITH ANYTHING ELSE WOULD YOU LIKE TO SAY?

>> I DON'T THINK I HAVE REALLY ANYTHING ELSE TO ADD.

EVERYBODY HAS DONE A GOOD JOB WHAT COULD HAVE BEEN FED UP THROUGH THE RANKS TO ME WHAT WE NEED AT THE PROPERTY AND GO FROM THERE. THANK YOU.

>> ALL RIGHT. WE ARE BACK INTO THE AGENCY FOR A MOTION. MR.

>> MOTION TO APPROVE . . . WOODLAWN APARTMENTS BASED ON 5

[3. NZVAR 2023-17 Texas Roadhouse Pole Sign.]

TIGHTENEDINGS OF FACT AND CONDITIONS IN THE REPORT.

>> SECOND. >> ANY DISCUSSION? SEEING NONE, LET'S REGISTER A VOTE.

THAT MOTION PASSES, CONGRATULATIONS.

[APPLAUSE] >> THANK Y'ALL SO MUCH.

>> NOW WE ARE GOING TO GO ON TO ITEM NUMBER 3, MISS BERNAHL.

AND WHILE MISS BERNAHL IS COMING UP DOES ANYBODY HAVE ANY EX

PARTE COMMUNICATION? >> YES.

I'VE WRITTEN ABOUT THE SITE. I'VE DRIVEN AROUND MELBOURNE OFF

I-95 AND EATEN IN A FEW. >> MS. SPIEGEL.

>> I DROVE BY IN SEVERAL DIRECTIONS TRYING TO VISUALIZE WHAT THIS WOULD LOOK LIKE. SO YES THANK.

>> INELSE? >> CAN I ASK WHAT HAPPENED TO

ITEM MAVIS TIRE? >> IT WAS WITHDRAWN.

>> I WAS READING. SORRY.

>> HI. MY NAME IS EMILY BERNAHL OWNER NAUM DEVELOPMENT SERVICES CONSULTANT FOR TEXAS ROUNDHOUSE.

I'VE A SHORT PRESENTATION. I KNOW YOU HAVE A STACKED AGENDA SO SAME TRYING TO KEEP IT SHORT BECAUSE I'M HERE FOR BENEFIT OF QUESTIONS AND COMMENTS BUT ESSENTIALLY.

THE NATURE OF MY REQUEST TODAY IS REALLY BASIC.

OUR CURRENT SITE AS YOU PROBABLY ARE ALL AWARE THE SITE IS ACTIVELY UNDER CONSTRUCTION, ROADHOUSE IS LOOKING TO OPEN 2024. THIS PAUL'S NEXTIES'S PUD.

I'VE LOOKED AT GOVERNMENT DOCUMENTS THAT THE SITE IS COVERED BY AND THE GENERAL GIST OF MY REQUEST IS WE ARE SEEKING A DEVIATION FROM THE ASSIGNED STAND DARTS IN THIS DEVELOPMENT TO ALLOW TO US INCREASE OUR SIGN BY 35 FEET TO TOTAL HEIGHT 125 PETE NEXT SECTION IS THE TAKEN DIRECTLY FROM THE LAND DEVELOPMENT CODE. THE CODE ALLOWS FOR ADDITIONAL LOCKDOWNSES AND BASICALLY IF THERE IS A PROPERTY THAT'S ADJACENT AND CLOSE PROXIMITY TO THE INTERSTATE IT ALLOWS FOR THE POLE SIGN TO BE 120 FEET AND THE PURPOSE FOR ME NOTING THIS WE ARE TRYING TO STAY WITHIN CODE LIMITS AND NOT MAKING A REQUEST THAT ISN'T SOMETHING ALREADY APPROVED IN YOUR LAND DEVELOPMENT CODE. SO RIGHT NOW, THIS IS KINDS OF AN UPDATED AERIAL OF WHERE THE TEXAS ROADHOUSE IS UNDER

[00:25:02]

CONSTRUCTION. I'LL USE A POINTER BUT THIS IS RIGHT IN THIS AREA WHERE THEY'RE BUILDING.

THIS FOR REFERENCE KIND OF PROXIMITY THE DISTANCE I MEASURED THIS BASICALLY AGAIN -- WHOOPS.

SORRY. THE POLE SIGN ITSELF, I'LL SHOW YOU WHERE, THIS IS WHERE THE ISLAND IS WHERE WE ARE PROPOSING IT. SO THERE IS ABOUT 395 FEET FROM THE HIGHWAY SO AGAIN FALLS WITHIN THAT 500-FOOT THRESHOLD THAT THE DESCRIBED IN THE LAND DEVELOPMENT CODE SO THAT'S BASIS OF REFERENCE. SO, THIS IS BASICALLY SITE SIGN PLACEMENT 1, 2, 3, 4 ARE WALL SIGNS BUT AGAIN 5 RIGHT HERE IS THE REQUESTED POLE SIGN THAT I'M LOOKING TO INCREASE BY ABOUT 35 FEET OR TWO A TOTAL OF 120 FEET. THIS NEXT SLIDE KIND OF TELLS A PRETTY INTERESTING STORY SO HERE FOR REFERENCE IS WHERE THAT ISLAND IS GOING TO BE WITH THE POLE SIGN.

THIS IS THE TEXAS ROADHOUSE. THIS ACTUALLY WE HAD OVERLAID IN THIS CONCEPTUAL PLAN IN FRONT OF THE TEXAS ROADHOUSE I THINK IS BAPTIST HEALTH MEDICAL FACILITY. CERTAINLY, THE IMAGE DOES KIND OF TELL THE STORY A LITTLE BIT IN THAT THE FACILITY IS GOING TO BE SIGNIFICANTLY BLOCKING THE VISIBILITY OF THE TEXAS ROADHOUSE BUILDING AND THEIR WALL SIGN.

HISTORICALLY TEXAS ROADHOUSE USES THEIR BUILDING AS THEIR LARGEST FORM OF ADVERTISEMENT. THEY DON'T TYPICALLY USE THE SAME MEDIA OUTLETS AS COMPETITORS SO THEY TYPICALLY RELY ON THAT BUILDING TO ACT AS THEIR LARGEST FORM OF ADVERTISEMENT SO WITH IN PROPOSED MEDICAL FACILITY THEY'RE CONCERNED ABOUT THE VISIBILITY BEING INHIBITED BY THE BUILDING WHICH IS KIND OF THE BASIS FOR THE REQUEST AND THE POLE HEIGHT SIGN HEIGHT INCREASE.

THE OTHER CHALLENGE OBVIOUSLY IS THAT WITH THIS LOCATION, THERE ARE AREAS OF EXPANSION. THERE'S ONE RIGHT HERE AND ONE RIGHT HERE AS WELL. WE DON'T REALLY KNOW HOW TALL THOSE ARE GOING TO BE AT THIS TIME.

I THINK GIVEN THE ZONING DISTRICT HAS THE ABILITY TO HAVE SOMETHING AS TALL AS 60 FEET SO IT STRESSES THE CONCERN OF INCREASING THIS POLE HEIGHT BECAUSE IT WILL BE REALLY THE ONLY THING YOU'RE GOING TO SEE COMING FROM THE INTERSTATE TO HELP IDENTIFY WHERE THE TEXAS ROADHOUSE LOCATION IS AND WHEN TO EXIT THE HIGHWAY SAFELY. NEXT IS JUST SCREEN SHOT IMAGE OF WHAT THE POLE SIGN WILL LOOK LIKE.

THIS IS JUST KIND OF A RENDERING THAT WAS INCLUDED IN MY PACKET.

THE NEXT FEW SLIDES ARE JUST PHOTOS OF LIKE CONSTRUCTION LOCATIONS THE THIS IS A CLOSEUP IMAGE OF THE CABINET SIGN AND THE POLE. THIS NEXT SLIDE IS JUST SHOWING A MORE ZOOMED OUT VERSION TO SHOW THE EXTENT OF THE POLE ITSELF. AND THEN, LASTLY IS JUST KIND OF THE CLOSEUP IMAGE OF WHAT THE CABINET SIGN LOOKS LIKE ON TOP OF THE POLE SIGN. SO AGAIN, THE NATURE OF MY REQUEST IS REALLY VERY I GUESS BASIC IN NATURE IN THAT WE ARE JUST LOOKING TO INCREASE THE POLE HEIGHT BY 35 FEET TO INCREASE TO 220 FEET TOTAL. THAT CONCLUDES MY PRESENTATION AND I'M CERTAINLY HERE TO ASK QUESTIONS.

>> DOCTOR. >> FIRST OF ALL I'D LIKE TO SAY I LIKE YOUR LOGO. I LIVED IN TEXAS QUITE A WHILE.

I LIKED THAT LOGO AND I APPRECIATE YOUR CONCERN FOR WANTING PEOPLE TO EXIT THE INTERSTATE SAFELY TO GET INTO STATE ROAD 60 AND THE RESTAURANT AND THE RESTAURANT IS GOOD AS WELL. WHEN THE AT MACK HARLEY-DAVIDSON BUSINESS WAS GOING IN THEY WERE GOING TO HAVE A SIGN AT 85 PETE I'M PRETTY SURE I DROVE OUT THERE THAT TIME.

DIDN'T GET A CHANCE TO DRIVE OUT THERE THIS TIME AND BAPTIST MEDICAL CENTER WASN'T BEING BUILT YET AT THAT TIME BUT I COULD CLEARLY SEE AT THAT TIME, I'VE BEEN THERE SINCE AND I CAN SEE THE AT MACK SIGN SO I'M CONCERNED THAT A PART OF THE LAND DEVELOPMENT CODE AND.02.04.A.2 SOUND LIKE A NEW COVID VARIANT. IT SAYS GENERAL ADDITIONAL

[00:30:02]

VARIANCE CRITERIA IT SAYS THE APPLICANT MUST PROVE THAT THE COPY PHASE OR MESSAGE WOULD NOT EFFECTIVELY VIEWABLE FROM THE NEAREST ROAD OR STREET RIGHT OF WAY SO WHAT I WAS HOPING YOU WOULD HAVE THAT I DIDN'T SEE IN THE APPLICATION WAS SOME SORT OF VISUAL PRESENTATION I THINK WE HAVE HAD FOR OTHERS THAT SHOW THAT AT 85 FEET LET'S SAY YOU'RE GOING FROM SOUTH TO NORTH ON I-95. I DON'T SEE WHERE THE BAPTIST MEDICAL CENTER WOULD BLOCK THAT BEFORE YOU WOULD HAVE TO EXIT ON TO STATE ROAD 16. CAN YOU PROVE TO US?

>> THE COMPLEXITY OF THAT IS THE PART THAT WE DON'T REALLY KNOW WHAT THAT FULL FACILITY IS GOING TO LOOK LIKE HOW TALL IT GOING TO BE SO I THINK YOU'RE ASKING FOR A LINE OF SIGHT DIAGRAM.

>> I AM. >> SHOWING THE ELEVATION.

>> CORRECT. >> SO CERTAINLY IT WAS NOT A REQUIREMENT FOR THE APPLICATION ITSELF BUT THIS PARTICULAR PROJECT HAS THAT CHALLENGE AND THAT LAYER OF HAVING THAT BUILDING THAT IS GOING TO HAVE FUTURE EXPANSION AND IT WOULD BE VERY DIFFICULT FOR ME BECAUSE I DON'T KNOW HOW TALL SOME OF THOSE PIECES ARE LIKE A BUILDING.

>> LIKE THE ONE ON THE NORTH SIDE OF THE CURRENT BUILDING YOU WOULDN'T KNOW HOW TALL THAT THE GOING TO BE.

>> I DON'T. >> I DON'T KNOW IF WE APPROVED

THAT ALREADY. >> STAFF I THINK CERTAINLY --

>> THE OTHER ONE IS GOING TO BE 60 FEAT.

>> I THINK THERE IS, I'M TRYING TO RECALL, I THINK THIS CENTER IS FOUR -- I HAVE TO DEFER TO STAFF.

I BELIEVE IT'S A FOUR STORY. >> 60 FEET.

YES. >> SO THE OTHER CONCERN OBVIOUSLY IF THIS BECOMES FOUR STORY AND 60 FEET AS WELL IF YOU'RE DRIVING DOWN THE INTERSTATE YOU'RE REALLY NOT GOING TO SEE, FOR SURE THE BUILDING AND THEN THE SIGN IS ACTUALLY SET BACK CONSIDERABLY FROM THE INTERSTATE BUT STILL CLOSE ENOUGH TO ALLOW FOR THAT ADDITIONAL ALLOWANCE THAT'S ESTABLISHED IN THE CODE. LIKE I MENTIONED THEY'RE REALLY CONCERNED ABOUT PEOPLE BEING ABLE TO SEE THE STORE AND

EXITING SAFELY. >> RIGHT.

>> SO THE REQUEST FOR ADDITIONAL HEIGHT IS BECAUSE WE DON'T KNOW THESE VARIABLES WITH THESE FUTURE EXPANSIONS AND I DON'T KNOW AT WHAT POINT THAT THE GOING TO COME BEFORE YOU FOR APPROVAL AND THIS PLAN COULD CHANGE.

I THINK THOSE PARCELS LONGER AND A LOT OF LONGER MEANING IT EXTENDS TO THE LAST THAT THEY COULD ADD.

THAT'S THE OTHER THING TOOMT WE GIST DON'T KNOW.

SO WE ARE TRYING PLAN FOR EVERY SCENARIO.

>> I CAN SEE YOUR CONCERN ABOUT SOMEONE COMING IN ORDER TO SOUTH ON I-95 THAT YOU DON'T KNOW THE POTENTIAL BUILDING HEIGHT ON THE NORTH SIDE OF WHAT'S BEING BUILT NOW.

BUT YOU KNOW, THERE WAS A STATEMENT IN THE PLANNING AND ZONING DIVISION REVIEW IT SAID STAFF IS UNAVAILABLE TO DETERMINE HOW THE DISH INTO 35 FEET IN HEIGHT WILL AFFECT THE VIEW SHED FROM I-95 AND SURROUNDING AREA SO IF STAFF CAN'T DETERMINE THAT THAT'S WHY I WAS HOPING YOU WOULD HAVE LINE OF SIGHT PRESENTATION ZMIE NOT RECEIVE THE STAFF REPORT TO REVIEW THAT. CERTAINLY I CAN PUT SOMETHING TOGETHER BUT I HAD THINK BECAUSE THE CONDITIONS ARE GOING TO CHANGE MY CONCERN WOULD BE THAT IT'S NOT ONE THAT WOULD BE

NECESSARILY ACCURATE AND. >> STAFF REPORT WOULDN'T BE

ACCURATE? >>, ANY KIND OF LINE OF SIGHT DIAGRAM THAT I PROVIDED WOULD PROVIDE TO YOU, WOULD LIKELY CHANGE GIVEN THIS MEDICAL FACILITY AND LIKE THIS IS A VERY CONCEPTUAL PLAN. I DON'T KNOW IF THIS HAS BEEN APPROVED AND I DON'T KNOW IF THE LAY OUT IS GOING TO BE THE SAME.

SO BECAUSE I DON'T HAVE A LOT OF THOSE PIECES A LINE OF SIGHT DIAGRAM IT REALLY, I WOULD WANT IT TO BE ACCURATE BECAUSE USUALLY WHEN WE DO THOSE WE ARE BASING IT OFF ELEVATION AND IF I DON'T HAVE CERTAIN HEIGHTS BUILDINGS AND OR ON INSTRUCTIONS IT BECOMES DIFFICULT AND CAN BE MORE CONFUSING THAN HELPFUL.

SO I'M HAPPY TO PROVIDE WHATEVER YOU FEEL YOU NEED TO APPROVE THIS BUT I THINK WITH THE FACT THAT THERE ARE SOME UNKNOWNS WITH THE FUTURE PROPOSED MEDICAL FACILITY CERTAINLY THERE'S NEED TO INCREASE THAT TO AVOID ANY POTENTIAL CONFLICT WITH THE BUILDING IS REALLY WHAT I'M TRYING TO STATE.

>> OKAY. I STILL FOR MY DECISION-MAKING

[00:35:01]

PROCESS I WOULD HAVE PREFERRED A LINE OF SIGHT DRAWING.

>> SURE. I APOLOGIZE.

I WAS NOT COMMUNICATED TO BY STAFF IT WAS REQUIRED.

>> I'M CONCERNED ABOUT THAT AREA BECAUSE IT'S ALREADY EXTREMELY CONGESTED. JUST BECOMING A SIGN JUNGLE OUT THERE AND EVERYTHING 120 FOOT SIGN DO YOU KNOW HOW TALL THE

BUCKY'S SIGN IS NORTH OF YOU? >> I DON'T.

>> AT INTERNATIONAL BELT PARKWAY? DOES STAFF HAPPEN TO KNOW HOW TALL THAT BUCKY'S SIGN IS?

IT'S REALLY TALL. >> I'LL LOOK THAT UP FOR YOU.

>> OKAY. THAT WOULD BE GREAT.

SO, I SAW SOME PEOPLE CALLED IN TO SUPPORT THE PROJECT, BUT THERE WERE NO NAMES OR ADDRESSES GIVEN.

MAYBE PEOPLE ARE HERE TO SPEAK ON BEHALF OF IT BUT WHEN IT SAYS SOMEBODY CALLED IN JUST AN ANONYMOUS CALL I DON'T PUT A LOT OF STOCK IN THAT BUT I DID SEE THAT AT MACK HARLEY-DAVIDSON WAS A LITTLE CONCERNED ABOUT THE BAPTIST MEDICAL CENTER BUT THEY WEREN'T OR NOT YET ANYWAY ASKING TO RAISE THEIR SIGN FROM 85 FEET SO YOU ARE WITHIN THE 500 FEET. I'LL GIVE YOU THAT.

BUT LOOKING AT THE OTHER LDC PROVISION I WOULD NEED ADDITIONAL PROOF AND ME DRIVING OUT THERE YESTERDAY FOR EXAMPLE WOULDN'T HAVE PROVIDED THAT AND I DON'T KNOW HOW TALL THE WATER TOWER IS BACK BEHIND THERE EITHER.

SO ANYWAY, I HAVE SOME CONCERNS ABOUT IT BUT I LIKE THE TEXAS ROADHOUSE ESTABLISHMENTS THE RESTAURANTS AND SO VERY Y'ALL THOUGHT ABOUT A BILLBOARD ALONG I-95?

>> NO, NOT AT THIS TIME, NO. >> OKAY.

ALL RIGHT. THANKS.

>> THANK YOU. >> MISS SPIEGEL.

>> THANK YOU VERY MUCH. I HAD SHARED VERY SAME HARD CONCERNS WITH DR. HILLS IN BACK. I HOPE THEY HAVE LINE OF SIGHT GENERALLY WHAT WE MIGHT SEE BECAUSE I DROVE DOWN THERE AND TRIED TO PICTURE IN MY MIND. IT JUST SEEMED IN TALL, ANOTHER 50 PERCENT HEIGHT CREASE. I'M THE MIND OF NOT WANTING THIS AREA TO BECOME A SIGN JUNGLE BUT I ALSO DON'T WANT 95 TO BECOME A BILLBOARD JUNGLE SO NOT SURE WHAT SIDE I WOULD LEAN ON THAT.

AS I WHAT'S DRIVING SOUTH TOWARD MY HOUSE I DID NOTICE A VERY TALL SIGN FOR 84 LUMBER ABOUT 6 AND A HALF MILES SOUTH OF THIS LOCATION, AND SO I CALLED STAFF AND I ASKED THEM HOW TALL IS THAT SIGN AND IT 120 FEET TALL AND BUT I GUESS THE DIFFERENCE AND THEY ARE ALLOWED UNDER THE LAND DEVELOPMENT CODE THE SAME SECTION WE ARE IN THEY'RE NOT IN A PUD SO THAT'S WHY WE ARE HERE.

>> CORRECT. WE ARE HERE BECAUSE OF THE PUD.

SO, ANYWAY, JUST DIDN'T GET ALL THE FACTORS THAT I HOPED TO HAVE TO KIND OF SWAY ME. I UNDERSTAND YOUR ARGUMENT.

I DO. IT MAKES SENSE TO ME AND YOU WANT TO MARKET YOUR PROPERTY. YOU DON'T WANT TO PUT SOMETHING THAT THE BEING BUILT AND IN THE CORN HIDDEN NOBODY ABLE TO SEE IT BUT THAT WAS MY CONCERN. THANK YOU SO MUCH.

>> THANK YOU. ANYBODY HAVE ANY OTHER

QUESTIONS? >> I'LL WAIT.

>> I WILL ASK FOR PUBLIC COMMENT.

ANYBODY IN THE AUDIENCE HERE TO SPEAK FOR ITEM NUMBER 3? ANYONE? OKAY.

SINCE THERE'S NO PUBLIC COMMENT YOU CAN COME BACK UP AND WE ARE BACK INTO THE AGENCY. MR.

[NAME]. >> I'M GOING TO APPROVE . . .

TEXAS ROADHOUSE POLE SIGN BASED ON 8 FIND LITTLE OF FACT AND SUBJECTED TO 5 CONDITIONS IN THE STAFF REPORT.

>> SECOND. >> I'LL SECOND THE MOTION.

YOU KNOW, THERE'S CONCERNS BUT WE HAVE DONE SOME VARIANCES OUT THERE FOR THE FORD DEALERSHIP IF I REMEMBER RIGHT AND THERE'S NO RESIDENTIAL AROUND THERE. THIS IS WHAT IT'S SET UP FOR.

DO I PERSONALLY LIKE IT? NO BUT I'M GOING TO VOTE FOR IT

ANYWAY. >> MS. SPIEGEL? QUESTION A PROCEDURAL QUESTION I'VE REALLY NEW AT THIS.

IF THIS WERE TO FAIL, WHAT OTHER RESOURCE IS THERE FOR THE APPLICANT? DO THEY HAVE TO WAIT A YEAR TO COME BACK? IS IT THE SAME THING? OKAY. IF WE WERE SUGGEST POSSIBLY THAT THEY COME BACK WITH THE SITE LINE DRAWINGS THAT MIGHT HELP, I

[00:40:01]

DON'T KNOW IF IT'S GOING TO PASS OR FAIL.

I DON'T KNOW. I'M JUST KIND OF TRYING TO LEARNED AND REQUEST THAT INFORMATION TO COME BACK.

THEN IF IT PASSED, THEN THEY WOULDN'T HAVE TO WAIT THE YEAR.

IS THAT HOW THAT GOES? >> PROCEDURALLY THE PROPER THING TO DO WOULD BE TO TABLE IT AND ASK THEM TO COME BACK AT ANOTHER TIME CERTAIN. THAT THE WHAT HAPPENED WITH ITEM 1 ON THE AGENDA TODAY ASKED TO COME BACK WITH MORE INFORMATION SO THAT THE AN APPROPRIATE PROCEDURAL THING FOR IN BODY TO DO IF THEY WANT MORE INFORMATION.

>> SHOULD HAVE HAPPENED THOUGH BEFORE WE HAD A MOTION AND A SECOND. IS THAT RIGHT?

>> NO. JUST PROCEDURALLY THEY DON'T COMPETE. YOU HAVE TO ADDRESS THIS MOTION FIRST. BUT THEN IF THIS MOTION FAILS

CAN YOU MAKE THAT MOTION. >> OKAY.

SO THIS MOTION FAIL DOESN'T AUTOMATICALLY PUT HER IN THE WE

HAVE TO WAIT ANOTHER YEAR? >> CORRECT.

>> THAT'S ALL I'M TRYING TO FIGURE OUT.

THANK YOU SO MUCH. >> AND STAFF, WERE YOU ABLE TO

GET THAT ANSWER? >> YES, BUCKY'S SIGN IS 120 FEET AND I DID WANT TO ALSO SAY IF THIS IS DENIED, IT CAN BE

APPEALED TO THE BOARD. >> ALL RIGHT.

ANY OTHER DISCUSSION? >> ALL RIGHT.

I WOULD JUST LIKE TO POINTED OUT THAT IF LET'S SAY WE DID DENY IT

[4. SUPMIN 2023-08 Collier Residence.]

AND YOU WOULDN'T HAVE TO WAIT A YEAR TO COME BACK BECAUSE WE COULD WAIVE THAT REQUIREMENT IF YOU SO ASK OR WE SO CHOSE.

ANYWAY, I THINK IT'S GOING TO PASS.

>> ALL RIGHT. WE HAVE A MOTION FOR APPROVAL.

LET'S GO AHEAD AND REGISTER THE VOTES PLEASE.

THAT MOTION CARRIES 3-2. CONGRATULATIONS.

>> THANK YOU. >> ON TO ITEM NUMBER 4.

MR. BADDINGER. ANY EX PARTE?

>> YES, I DID DRIVE BY THE SITE. >> GOOD AFTERNOON.

MY NAME IS JEFFREY [NAME] 102 OAK LEAF FLORIDA [INAUDIBLE] 3217.

I REPRESENT MISS COLLIER IN THIS QUEST.

THIS WAS PREVIOUSLY APPROVED IN 2020.

DUE TO SOME UNFORESEEN CIRCUMSTANCES, PRIOR TO PERMITTING DID EXPIRE, THE PREVIOUS SUP SO THIS IS THE EXACT SAME REQUEST AS TWO YEARS AGO.

ACTUALLY ABOUT TWO AND A HALF. AND I THINK THERE'S A PRESENTATION. SO I GUESS NOT.

I BELIEVE YOU HAVE THE REPORT. I CAN ANSWER ANY QUESTIONS YOU HAVE. THERE ARE SURROUNDING MOBILE HOMES IN THE NEIGHBORHOOD. ACTUALLY THERE'S TWO JUST ADJACENT TO THIS PROPERTY, ONE RIGHT ACROSS THE STREET, ONE RIGHT BEHIND IT AND WE HAD, I DON'T BELIEVE WE HAD ANY OBJECTIONS AT THE FIRST HEARING ON THIS.

THIS WILL BE A BRAND NEW MOBILE HOME FULLY SKIRTED.

>> ANYBODY HAVE ANY QUESTIONS? [INAUDIBLE]

>> IF USED HIKE TO GO -- LIKE TO GO THROUGH IT.

>> WELL, THERE IT IS. I DO KNOW, I BELIEVE I ACTUALLY PRINTED IT. I THINK IT'S FUTURE LAND USE IS THE DARK AREA HERE BUT IT IS RS-3 IN THE AREA.

THERE ARE SOME SURROUNDING AREAS THAT.

THERE ARE AREAS ZONED FOR MOBILE HOME A COUPLE BLOCKS IN THAT AREA BUT THE HISTORIC NATURE OF THIS NEIGHBORHOOD ON ST. JOHN'S AND DUVALL STREET THERE'S A MAJORITY OF MOBILE HOMES IN THIS NEIGHBORHOOD FOR AFFORDABLE HOUSING.

>> ANY QUESTIONS? >> YOU SAID THIS WAS APPROVED.

>> YES, I BELIEVE IT WAS 2020-04, 120-04.

>> NO PROBLEM. JUST WANTED TO BE SURE I HEARD

YOU CORRECT. >> NO PROBLEM.

>> ANY QUESTIONS? PUBLIC COMMENT.

ANYBODY IN HERE IN THE AUDIENCE TO ADDRESS ITEM NUMBER 4? SEEING NONE, MR. [NAME] DO YOU HAVE ANYTHING ELSE

DO SAY? >> NO.

>> WE ARE BACK TO AGENCY FOR MOTION.

[5. SUPMAJ 2023-13 Down Yonder.]

>> MR. M. >> MOTION TO PROVE . . . COLLIER RESIDENCE BASED UPON EIGHT FINDINGS OF FACT AND TEN CONDITIONS AS PROVIDEED IN THE STAFF REPORT.

>> MOTION FOR APPROVAL. >> SECOND.

>> SECOND BY DR. HILLS IN BACK. ANY DISCUSSION? SEEING NONE, LET'S REGISTER THE VOTE.

[00:45:01]

THAT MOTION PASSES. >> THANK YOU ALL VERY MUCH.

>> THANK YOU. >> GO ON TO ITEM NUMBER 5, MR. SMITH. DOES ANY AGENCY MEMBERS HAVE ANY

EX PARTE? >> AGAIN, I DROVE BY.

THIS IS JUST OFF 95 AND 16 SO IT'S KIND OF HARD TO NOT DRIVE

BY. >> I'M FAMILIAR WITH THE

LOCATION. >> GO AHEAD.

>> YES, MA'AM MY NAME IS PHILIPPE.

I'M ABOUT THE RESTAURANT DOWN BEYONDER.

IT'S BASE ED ON PREVIOUSLY AS DENNY'S.

WE WERE TRYING TO SEE ABOUT GETTING A SPECIAL USE TO BE TO HAVE ALCOHOLIC BEVERAGES WITH MEALS, MARGARITAS, SANGRIAS, IT HAS NEVER BEEN USED FOR THAT. IT WAS ONLY FOR STRAIGHT FOOD BEFORE SO WE WERE JUST TRYING TO GET A SPECIAL USE TO BE ALLOWED THAT. WE HAVE 80 PARKING SPOT, MORE THAN 250 OCCUPANCY WITH 164 SEATS SO WE DID CHECK AND MAKE SURE WE WOULD BE HOUSED TO BE SFS WITH THE FOOD PERMIT.

THEY DID SAY WE WOULD BE IN 20 REGULATIONS IN THE STATE OF FLORIDA. I KNOW YOU CAN'T SEE IN HERE BUT BEHIND THE HOTEL WE HAVE A RETENTION AREA IN THE BACK.

IT'S MORE THAN RIGHT AROUND 7,000 SQUARE FOOT.

AND THAT THE PRETTY MUCH REALLY IT.

>> ANYBODY HAVE ANY QUESTIONS? >> WHAT TYPE OF FOOD?

>> WELL, WE ARE TRYING TOO DO SOMETHING DIFFERENT.

I ACTUALLY WANT TO DO SOMETHING THAT NOBODY ELSE HAS DONE, NOT TRYING TO BE FUNNY, I HIKE TO PUT MY WIFE IN THIS SCENARIO BUS SHE ASKS ME ALL THE TIME WHAT YOU WANT TO EAT AND I MAY HAVE A STEAK AND SHE WILL HAVE A CRAB BOIL AND WE SIT AT HOME AND MAKE A CHEESEBURGER OR SOMETHING SO I JUST WANT TO DO SOMETHING DIFFERENT. WE WANT TO OFFER CRAB BOILS BUT ALSO A STEAK DINNER CHICKEN DINNER AND ALLOW BREAKFAST ALL DAY LONG. MOST TIME I GO TO CRAB BOIL YOU'RE NOT GOING GET A STEAK. YOU GO TO A STEAKHOUSE YOU'RE NOT GOING TO GET BREAKFAST SO WE WANT TO HAVE A SMALL MENU BUT BETTER VARIETY. I HAVE THREE CHILDREN MYSELF.

SO IF WE GO TO A CRAB BOIL I HAVE TO PAY A BABYSITTER.

THEY'RE NOT GOING TO TOUCH IT SO THIS GIVES OPPORTUNITY IF MOM AND DAD WANT TO GO HAVE A GOOD TIME THERE'S GOING TO BE A GAME ROOM FOR THE CHILDREN. WE HAVE ARCADE GAMES WE ARE GOING TO PUT IN THERE BUT KID WANT TO EAT SOME PANCAKES AND EGGS AND MOM AND DAD CAN HAVE THE CRAB BOIL SO WE ARE TRYING TO DO SOMETHING FUN SOMETHING DIFFERENT SOMETHING NOBODY ELSE

HAS TRIED. >> THANK YOU.

MS. SPIEGEL. >> WELL, YOU SORT OF ANSWERED MY QUESTIONS, NO INTENTION AFTER BAR IN THERE.

>> NO, MA'AM. >> JUST FOR FOOD.

SOUND GOOD. GOOD LUCK TO YOU.

>> ANY QUESTIONS? SEEING NONE WE WILL ASK FOR PUBLIC COMMENT? ANYBODY IN THE AUDIENCE TO SPEAK ON ITEM 4? IF YOU HAVE NOTHING ELSE TO ADD WE ARE BACK TO THE AGENCY. MR. M.

>> MOTION TO APPROVE . . . DOWN BEYONDER BASED UPON 8 FINDINGS OF FACT AND 11 CONDITIONS AS PROVIDED IN THE STAFF REPORT.

>> SECOND >> SECOND DR. MR.

[NAME] SORRY? >> THAT WAS NEED BY A TEE TOETD

[6. SUPMAJ 2023-07 2353 State Road 13 North Venue & Events.]

TOTALER. >> I'M GLAD TO SEE THIS BUILDING

GETTING USED. >> YES, SIR.

>> GOOD LUCK. >> YES, SIR.

>> ANY DISCUSSION? SEEING NONE LET'S REGISTER THE

VOTE. >> THAT PASSES, GOOD LUCK.

>> THANK YOU. >> ITEM NUMBER 6 MR. CORE BET.

ANYBODY EVER EX PARTE? >> YES, I DID VISIT THIS SITE.

I WALKED DOWN THE DRIVEWAY OF THE RESIDENTS THAT'S SUPPOSE ED TO BE FOR EMERGENCY. I LOOKED AT AS MUCH AS I WAS ABLE TO SEE FROM WHERE I WAS. I PROBABLY SHOULD HAVE CALLED FIRST AND SET UP A TOUR BECAUSE IT'S KIND OF A DETOUR PROJECT.

IT'S VERY PRETTY. SO YES, THANK YOU.

>> ANYONE ELSE? SEEING NONE, GO AHEAD MM MR. CORBETT.

>> WE ARE A HUTCHINSON WIFE TEAM ON THIS PROJECT.

I DO WANT TO JUST REMIND THE BOARD THAT THIS HAS BEEN

[00:50:02]

APPROVED JUST OVER A YEAR AGO. MISSED IT BY A COUPLE OF WEEKS.

WE WERE READY TO ROLL AFTER SPENDING LIFE SAVINGS TO MEET THE REQUIREMENTS FOR PERMITING BUT MISSED THE COMMENCEMENT DAY AND IT WAS OUT OF COVID AND CONTRACTORS SO BUSY IT WAS IMPOSSIBLE TO GET IT DONE IN TIME.

BECAUSE THEY ARE SO BACKED UP AS WELL.

SO THIS IS THE PROPERTY. IT'S SUCH A MAGICAL SPECIAL FEEL WHEN YOU'RE THERE. WE HAVE NO INTENTION OF DAMAGING THE AREA WITH SOME BIG MASSIVE PARTY PLACE THAT THE NOT OUR INTENT. THAT THE NOT OUR INTENT AT ALL.

WE WANT TO KEEP IT THE SAME. BUILDINGS ARE THERE READY TO GO.

FROM THE LAST TIME THAT THIS WAS APPROVED TO NOW WE HAVE NOT DONE ANY MAJOR PROJECT CHANGES TO IT THAT IS NOT ALREADY ALLOWED BY RIGHT. THE DAY CARE HAD BEEN ADDED BUT THAT WAS BY ZONING RIGHTS AND WE WERE NOT GOING TO USE THAT BLINK BECAUSE IT'S COMPLETELY RESPIRATE FROM THE BUILDINGS -- SEPARATE FROM THE BUILDINGS. WE ADDED INTO THE HOUSE THAT CONNECTS OUR PROPERTY AND SHARES THE POND AND IT CAME UP FOR SALE AND WE WERE ABLE TO GET THAT [INDISTINCT] BUT IT PROVIDES PRIVACY FOR THE EVENT SPACE. THE LAST TIME WITH THE SITE PLAN WE HAD TWO [INAUDIBLE] ON HERE AND WE NARROWED IT DOWN TO ONE AND IT WAS NEVADA BROUGHT UP IN THE PAT MEETING TO HOW EMERGENCY VEHICLES WOULD ACCESS THAT THE AGAIN IT'S JUST A PROPOSED [INAUDIBLE] IT HAS TO GO THROUGH PERMITTING BUT THE DRIVEWAY FOR THIS OTHER HOUSE CAN NOW GET TO THE VERY BACK OF THE PROPERTY THAT HAS THE BEAUTIFUL OAK AND THE AREA BUT THAT THE THE ONLY THING THIS HOUSE WOULD BE USED FOR IT'S NOT PART OF THE EVENT STAGE AT ALL. PARTIES DRIVING THAT KIND OF SUFFICIENT. SO THIS IS STAYING THE SAME LOOKING TO HAVE OUR VIDEO VENTS MONDAY-SUN 8-10 WITH 98 PERCENT OF THE EVENT BEING LATER EVENING AND ON THE WEEKEND OUTSIDE SCHOOL AND DATED CARE HOURS. THE REASONING FOR THE EARLY 8 IS JUST FOR WORKERS AND THAT KIND OF STUFF OR TO HOST SMALL INTIMATE THINGS LIKE YOGA UNDER THE OAKS OR SUNDAY SERVICES THAT KIND OF STUFF. SO IT'S REALLY HASN'T CHANGED IN TERMS OF THE LAST TIME THAT WE PRESENTED IT FOR YOU GUYS AND OUR VISION FOR THIS WHOLE PROPERTY IS WE LIVE A MILE DOWN THE ROAD. OUR 7-YEAR-OLD GOES TO [INDISTINCT] AROUND THE CORN FORMER THE PROPERTY.

W'RE LOOKING TO BUILD A COMMUNITY INVOLVED SPACE.

IT'S NOT JUST FOR WEDDINGS. IT'S NOT FOR RAGING PARTIES.

IT'S NOT ANYTHING LIKE THAT IT'S AN INTIMATE SPOT WHERE WE CAN BE ABLE TO HOST WEDDINGS BUT MORE OR LESS HAVE SOMEWHERE FOR THE COMMUNITY TO GO, HOLDING PARENT-CHILD DANCES AND FREE FISHING LESSONS FOR THE KIDS THAT DON'T KNOW HOW TO FISH, EASTER EGG HUNTS AND MOVIES UNDER THE OAKS SO INVOLVE THE COMMUNITY FARMERS MARKETS TO SUPPORT OUR LOCAL VENDORS SO IT'S NOT ALL ABOUT THE WEDNESDAYINGS.

IT'S MORE LIKE A SPACE FOR ALL OF US.

LIKE I SAID WE LIVE DOWN THE ROAD.

WE ARE NOT LOOKING TO CHANGE OUR AREA ANY MEANS.

I WENT TO SEVERAL OF THE MEETINGS FOR THE APARTMENT COMMUNITY BECAUSE IT'S RIGHT THERE IN OUR BACKYARD.

SO IT'S REALLY JUST A SPACE IMPORTANT THE COMMUNITY TO GORE.

THESE ARE THE BUILDINGS HERE THAT ARE ALREADY THERE ON SITE NOT LOOKING TO TEAR DOWN THE BUILDINGS AND BUILD SOME MASSIVE EVENT HALL. ALL THE BUILDINGS ARE THERE ON SITE THERE. AND THEN THIS IS WE HAVE ALREADY GOT PLENTY OF PARKING IN TERMS OF THE DAY CARE BUT THERE'S 17 SPOTS HANDICAP ALREADY THERE SO OUR VISION FOR THE PROPERTY IS BEING TO HAVE A SMALL PRIVATE SPACE HERE AND ON EVENING AND WEEKEND BE ABLE TO HOST COMMUNITY EVENT THAT WILL ALLOW CHILDREN TO BE PART OF AS WELL. OBVIOUSLY THE BIGGEST THING

[00:55:05]

THESE PERMIT CAN BE REVOKED SO OUR BIGGEST THING IS ABIDING BY ALL NOISE ORNDS 10:00 EVERYBODY PACKS UP HAS TO BE OFF.

ALL THE MUSIC WILL BE INSIDE ANYWAY SO WE ARE NOT LOOKING TO HAVE EVERYTHING LOUD AND BOTHERING SURROUNDING NEIGHBORS WHICH WE HAVE MET SEVERAL OF THEM.

[INAUDIBLE] >> AND AGAIN, WE HAVE ALREADY SPENT SO MUCH TRYING TO GET TO THE POINT TO COMMENCE THAT WE REALLY DO HOPE YOU CAN CONSIDER THE INVESTMENT WE HAVE ALREADY PUT INTO THIS PROJECT AND THE FACT THAT WE ARE NOT TRYING TO PUT MASSIVE APARTMENTS IN THE MIDDLE OF THE RESIDENTIAL AREA.

WE ARE GIST TRYING TO HAVE A PLACE FOR THE COMMUNITY TO

GATHER. >> THANK YOU.

ANY AGENCY MEMBER HAVE ANY QUESTIONS?

MS. SPIEGEL. >> YES.

THANK YOU VERY MUCH. OKAY.

WELL, THERE'S ONE THING THAT IS DIFFERENT FROM YOUR PRESENTATION A YEAR AGO, WHICH I WATCHED, BECAUSE I WASN'T PART OF THIS AUGUST GROUP AT THE TIME IS THAT WE HAVE GOTTEN SEVERAL LETTERS FROM NEIGHBORS THAT ARE REALLY CONCERNED ABOUT THIS AND WHEN I WAS OUT THERE I DID NOTICE A COUPLE OF THE HOUSES THAT ARE RIGHT ABOUT YOUR PROPERTY. THERE'S NO BARRIER.

THERE'S NO TREES. THERE'S NO ANYTHING.

I UNDERSTAND I BUY A HOUSE AND THIS IS A GORGEOUS AREA AND IT'S WIDE AND OPEN AND THEN WE ARE GOING TO HAVE A PARTY HOUSE NEXT DOOR. I KNOW YOU'RE SAYING THAT'S NOT WHAT IT'S GOING TO BE BUT POTENTIALLY IT COULD BE AND YOU WOULD NEVER KNOW THERE WAS GOING TO BE ALLOWED WEDDING OR QUIET THING UNTIL 10:00 AND I DON'T KNOW ME I'M KIND OF IN BED BY 9 THESE DAYS. THAT MIGHT BE A LITTLE ROUGH FOR ME. SO MY BIGGEST CONCERN WAS OKAY WHAT DO THE MAY BE ORGANIZATION THINK AND I KNOW TWO PEOPLE SPOKE THAT WERE BEHIND YOU AT THE LAST PCA AND HADN'T HEARD UNTIL TODAY AND I GOT EMAILS FROM PEOPLE CLOSE BY CONCERNED.

I'M WONDERING HAVE YOU SAT DOWN AND TALKED TO THEM.

WE WANT YOU TO BE AWARE. THIS IS WHAT WE ARE THINKING.

YOU SAY THE NOISE ORDINANCE I DID SPEAK WITH OUR ATTORNEY ABOUT THE NOISE ORDINANCE AND IT'S A LITTLE NEBULOUS I GUESS IS A GOOD WAY TO PUT IT. IT'S GOOD LEGAL TERMS I'M SURE BUT HARD TO SET PARAMETERS THAT YOU SAY YOU CAN'T DO THIS.

>> YES THE NEIGHBOR THAT IS CONNECTED BY OUR PROPERTY WE WOULD NEED TO SPEAK WITH HIM AT THAT TIME.

HE THOUGHT IT WAS A GOOD IDEA TO BE CLOSEERED TO HOME.

BUT I GUESS IT'S CHANGED AND WE WOULD ASK IF IT'S OKAY FOR US TO PUT US IN SIX FEET EIGHT FEET CAN BE TALLER WHATEVER ELSE [INAUDIBLE] FOR THE OTHER NEIGHBOR THAT BORDERS THE OTHER SIDE, HE DID A LOT OF SURVEYING ON THE PROPERTY. YOU KNOW, WE HAVE MET SOME OF THE SURROUNDINGS AND WE HAVE STRESSED THAT WE ARE NOT LOOKING

FOR THIS TO BE [INAUDIBLE] >> OKAY.

SO, WE DID MEET SOME OF THEM THE OTHER DAY AND THE BIGGEST THING IS TO ABIDE BY THE NOISE ORDINANCE AND THERE WILL BE A RECEPTION HALL WHERE ALL THAT IS TAKING PLACE AT NIGHT.

>> THERE'S A GOOD AMOUNT OF SPACE BETWEEN WHERE THE NEIGHBORING PROPERTIES ARE TOWARD 13.

THE WEDNESDAYINGS ARE GOING TO BE HELD AND THE EVENT HELD IN THE BACK OF THE PROPERTY TOWARD THE OAK TREES.

>> IT'S THE FURTHEST BACK. >> IT'S THE FURTHEST BACK.

>> IT'S RIGHT HERE. >> THERE AND THERE AND KIND OF

TO THE LEFT. >> AND THE BACK HERE WHICH THAT

HERE I'LL SHOW YOU THE DRIVEWAY. >> WHICH IS REALLY FAR FROM

WHERE THE HOUSES ARE. >> WE HAVE THE TO ROUNDABOUTS BUT THIS IS PROPERTY THAT CONNECTS TO THE BACK OAK AREA BACK THERE. SO, THE BIGGEST THING CLOSEST TO THEM WOULD BE THE [INAUDIBLE] .

ALL THE EVENTS TAKING PLACE. >> WELL, I WAS COMFORTED TO HEAR THAT THEY WILL BE INDOOR BECAUSE I HEARD POLE BARN AND MY KIDS GOT MARRIED IN A POLE BARN OUTDOORS AND IT WAS LOUD.

[01:00:05]

IT WAS NO TRESPASSING. >> I WOULD LOVE TO TOUR YOU AROUND BUT TO SHOW YOU OUR VISION OF IT, THE POLE BARN IS OPEN AIR POLE BARN AND THAT'S 5:30 OR EARLIER.

[INDISTINCT]. >> WHAT IF THEY REQUESTED THAT THEY COULD HAVE THEIR BAND? MAYBE NO ELECTRICITY.

I DON'T KNOW. >> THAT'S NOT THE INTENTION AT

ALL. >> I THINK IT WILL BE OUR VENUE IF WE GET IT APPROVED. WE DON'T WANT THERE TO BE MUSIC.

WE WANT A VIOLINIST OR SOMETHING SOFT.

THAT'S UNDERSTANDABLE BUT NOT CONCERT OUT THERE WITH BANDS.

>> HEAVY METAL. >> NO, IT'S MORE OR LESS TO USE THAT FOR YOU HAVE A FARMERS MARKET.

SOME ARE COVERED. >> WE WANT TO DO A LOT OF EVENT FOR KIDS. THAT'S ALSO ANOTHER AREA TO

CONGREGATE OUTSIDE. >> THERE'S EVERYBODY TURNS AROUND AND SEES A COMMERCIAL BUILDING OR APARTMENT.

THERE'S NOT REALLY MUCH IN THE HEART OF THE CODE THERE TO DO EVENTS LIKE THIS FOR THE COMMUNITY.

>> COULD I ASK A QUESTION ABOUT THE DAY CARE? IT'S LIKE WE WANT TO DO A DAY CARE.

YOU SEA IT'S SEPARATE BUT LOOKS LIKE THE BUILDINGS ARE RIGHT NEXT TO EACH OTHER. WOULD THEY SHARE A PARKING LOT?

>> NO, IT'S NOT A SHARED PARKING LOT.

WE HAVE PARKING AREA RIGHT. THE DAY CARE LAST ALREADY BEEN APPROVED BY RIGHT. WE WOULD WANT THE DAY CARE IN

PRIVATE SCHOOL. >> IT'S NOT FUNCTIONING NOW.

>> NO. BUT WE HAVE A HUGE FIELD HERE THAT IS ADDITIONAL PARKING FOR THE EVENT.

OBVIOUSLY DURING THE PERMITTING WE WOULD DETERMINE WHAT MATERIAL IS ABLE TO BE USED WHAT THE COUNTY WE WANT TO ABIDE BY THE COUNTY RULES AND WE HAVEN'T GOTTEN THAT FAR YET.

WE HAVE BEEN TRYING TO CLEAR OF CONTINGENCIES.

>> DR. >> THE LAST TIME YOU WERE HERE I COMMENTED THIS WAS IS BEAUTIFUL PROPERTY.

>> THANK YOU. >> OBVIOUSLY IT IS AND IT SEEMS LIKE A GREAT LOCATION SUPERINTENDENT IN THE FACT IT'S RIGHT IN THE MIDDLE OF A RESIDENTIAL AREA WITH SINGLE-FAMILY HOMES ON LARGER ACREAGES THAT PEOPLE OBVIOUSLY MOVED OUT THERE FOR PEACE AND QUIET.

AND SO, I'M REALLY CONCERNED ABOUT THAT.

I ALSO ASK YOU THE LAST TIME IF YOU HAD EVER HEARD A FENDER STRAT CASTER GUITAR PLAYED THROUGH 120 WATT AMP.

YOU SAID NO. >> DEPEND ON WHAT & AND WHERE USED BUT ABIDIN BY THE NOISE ORDINANCE IS THE KEY HERE.

>> RIGHT. >> THIS PROPERTY HAS BEEN HERE FOR A LONG TIME AND NEVER BEEN USED IN THAT RESIDENCE.

WE HAVE MET SO MANY PEOPLE THAT PUT THEIR KIDS IN THAT SCHOOL.

WE HAVE MET KIDS THAT HAVE GONE TO THIS SCHOOL SO IT'S BEING CMMERCIALLY USED IN A VERY LONG TIME AND THEY HAD A BIG EVENT THERE. SO WE ARE TRYING TO KEEP THE INTEGRITY OF THE PROPERTY VS. GOING AND SELLING TO THESE DEVELOPERS THAT HAVE OFFERED US BIG MONEY THAT WANT TO BUILD SO WE WANT TO KEEP IT AS IT IS WITH THE TREES, THE BUILDINGS THAT ARE THERE AND THEN ALREADY SET UP THERE AND IT'S SOMEWHERE

CLOSE FOR EVERYBODY TO GATHER. >> SO SINCE YOU BROUGHT UP THE SCHOOL THAT'S BEEN THERE A LONG TIME HOW MANY STUDENTS ATTENDED

THAT SCHOOL AT ITS PEAK? >> I HAVE NO IDEA.

>> WOULDN'T BE NEARLY 300? >> I THINK IT WAS, IT'S 12,000 SQUARE FEET OF BUILDING SO IT COULD HAVE BEEN 400 CHILDREN THERE. I'M NOT SURE.

>> MAYBE SOME OF THE NEIGHBORS WILL NOW BECAUSE THEY'RE PROBABLY HERE TO SPEAK BECAUSE YOU DO HAVE OPPOSITION AGAINST.

THIS I THINK EVERY NEIGHBOR AROUND YOU ALL WROTE A LETTER

AGAINST THIS. >> WELL, WE HAVE TWO THAT WROTE A LETTER THAT LIVE MERE GREENBRIER NOT NEAR THIS PROPERTY AND ONE EMAIL FROM A NEIGHBOR THAT CONNECTS.

>> HAVE Y'ALL RUN A SPECIAL EVENTS VENUE BEFORE?

>> NO, THIS IS JUST A MOM POP OPERATION.

>> SO, BEFORE WHEN Y'ALL WERE HERE THE MUSIC AS I RECALL WASN'T NECESSARILY GOING TO BE INDOORS.

YOU DIDN'T SPECIFY. SO, IT WAS OPEN ENDED THAT IT COULD BE OUT IN THE POLE BARN AREA AND THAT WAS A CONCERN.

NOW YOU SAY YOU'RE GOING TO MOVE IT INSIDE.

>> WE JUST REQUESTED TO BE ABLE TO HOLD EVENTS INSIDE AND

[01:05:03]

OUTSIDE. BUT WITH THE WEDDINGS AND MUSIC LIKE THAT, LIKE A BAND OR SOMETHING, THEY'RE GOING TO BE

INSIDE IN THE RECEPTION HALL. >> OKAY, AND THAT COULD BE

SLOORD 100 PERCENT GUARANTEED? >> IT'S FOR THE WEDNESDAY SIDE.

IF THERE'S A SMALL EVENT THAT TAKES PLACE UNDER THE OAKS YOU KNOW, THERE COULD BE MAYBE A D.J. NOTHING LIKE LOUD LIKE A BAND, BUT IF THAT'S SOMETHING THAT WE NEED TO DO AND ABIDE BY.

LEAKY SAID WE ARE HERE TO ABIDE BY THE NOISE ORDINANCE AND CUTTING IT OFF EARLIER 9:45 GETTING EVERYBODY PACKED UP.

>> AND WE ARE NOT, WE DON'T THINK THERE'S GOING TO BE A LOT

OF LOUD MUSIC LATE NIGHT. >> IS THE WE GET SOMETHING GOING WITH A BAN OUTSIDE, BUT AS FAR AS NOT TRYING TO BOTHER THE

NEIGHBORS OR MAKE IT A NUISANCE. >> OKAY.

MY PERSONAL EXPERIENCE WITH THIS RECENTLY AND I BELIEVE I STATED PREVIOUSLY WHEN Y'ALL WERE HERE OUR YOUNGEST DAUGHTER GOT MARRIED UP IN SAVANNAH A COUPLE OF YEARS AGO VENUE SIMILAR TO R.J.GRIDGE A LARGE BUILDING THE CEREMONY OUTSIDE UNDER OAKS TREES BUT PARTY INSIDE OPEN BUT THERE WERE NO NEIGHBORS AROUND, THIS WAS WAY ISOLATED IN THE COUNTRY OUTSIDE SAVANNAH WEST SIDE. BUT I'M CONCERNED ABOUT THE NOISE, THE TRAFFIC, 300 PEOPLE LEAVING BY 11:00 AT NIGHT IN THAT NEIGHBORHOOD AND YOUR EMERGENCY ACCESS PLAN I DON'T RECALL THAT. IS THAT A NEW WRINKLE?

>> IT IS BECAUSE LAST TIME, IT WAS NEVER MENTIONED OR BROUGHT UP TO BE ABLE TO SHOW HOW EMERGENCY VEHICLES CAN ACCESS THE POLE BARN AREA IN THE BACK AREA SO IT WAS NEVER BROUGHT UP SO NOW THAT THIS PROPERTY WE HAVE THE ONE NEXT DOOR AND THAT'S JUST A RENTAL FOR US NOW, THAT CAME UP AND NOW THEY ASK FOR EMERGENCY ACCESS AND AGAIN IT'S A PROPOSED POLE BARN.

IT MIGHT NOT HAPPEN. YOU HAVE TO GET THROUGH THE STAGES OF PERMITTING EVERYTHING ELSE BUT THAT CAME UP IN THIS GO AROUND AND IS HOW IS IT GOING TO BE ACCESSED.

THAT'S THE ONLY REASON PROPERTY GOT BROUGHT INTO THIS ONE.

>> SO YOU DOING THINK THAT WOULD BE CONFUSING IN THE EVENT OF A FIRE HEART ATTACK FOR SOMEONE TO CALL 911 AND GIVE AND DIFFERENT ADDRESS THAN WHERE THE EVENT IS TAKING PLACE TO ACCESS THE PROPERTY? AND LET ME ASK THE SECOND PART OF THAT QUESTION. I NOTIFIED IT SAID THERE LAST THE A SIGN POSTED ON THE POLE BARN SAYING ANYONE NAB WANTS TO CALL EMERGENCY SERVICES WHICH I ASSUME WOULD BE THROUGH 911 WOULD HAVE TO BE NOTIFIED ON THAT SIGN TO GIVE THE ADDRESS OF THE NEIGHBORING PROPERTY FOR THE ACCESS.

I THINK THAT WOULD BE EXTREMELY CONFUSING TO EMERGENCY PERSONNEL TO TRY TO COME IN TO A DEBT PROPERTY ADDRESS.

ESPECIALLY IF THEY'VE GOT YOUR CELL PHONE AND GPS ON YOU AND

KNOW WHERE YOU'RE STANDING. >> AGAIN WE HAVE TO FIGURE OUT DURING THE PERMITTING PROCESS WHAT'S ALLOWED AND WHAT WE NEED TO DO TO MAKE SURE THAT THE FIRE DEPARTMENT KNOWS HOW TO GET THERE AND AGAIN, IF THIS IS AN ISSUE OF THAT WE ARE HERE, THIS IS ALL BEGINNING STAGES. WE ARE SEEKING BRUTAL TO BE ABLE TO HOLD EVENT AT THE PROPERTY. SO IF THAT POLE BARN HAS TO BE ELIMINATED DURING THE PERMITTING PROCESS THAT THE FINE BUT THEY CAN SET UP A TENT SO IT'S TO BE DETERMINED.

WE JUST HAVEN'T GOTTEN THAT PAR YET IN TERMS OF WHAT HAS TO BE

DONE. >> THE FIRE STATION IS JUST DOWN PTHE STREET AS WELL. WE'VE GOT SOME REST WITH THE FIREMEN THERE. I JUST THINK THEY WE LET THEM KNOW IF THEY GET A CALL THEY KNOW WHERE TO GO.

WE ALREADY HAD THEM OVER AND SHOWED THEM THE PROPERTY SO THEY'RE FAMILIAR WITH IT IF CALL SAYS SOMEBODY'S IN THE BACK SIDE OF THE PROPERTY THEY KNOW THE BEST WAY TO GET THERE.

>> WE HAVE BEEN IN THIS AREA A LONG TIME.

WE HAVE NO ILL INTENT FOR AVOIDING PEOPLE AND WEIRD VERY HIGHLY CONNECTED. WE KNOW A LOT OF PEOPLE IN THE

AREA. >> GOING TO BE GREAT FOR COMMUNITY EVENTS TO HAVE A PLACE.

>> NOT A BAR. NOT TEARING IT DOWN PUTTING EIGHT HOUSES THERE. IT'S BEEN A STAPLE FOR SO LONG.

[01:10:01]

JUST WANT TO KEEP THE NATURE THERE.

>> THOSE ARE GOOD POINTS YOU ALL ARE BRINGING UP.

IN THE STAFF REVIEW, IT STATED MAYBE CAN YOU ADDRESS THIS STAFF REVIEW PAGE 969 APPLICATION UNKNOWN COMPOSED USE CAPABLE WITH THE SURROUNDING AREA AND IF IT WOULD POSTS AN EXCESSIVE BURDEN AND HAVE A SUBSTANTIAL NEGATIVE IMPACT ON SURROUNDING OR ADJACENT USES OR ON COMMUNITY FACILITIES OR SERVICES.

THEY SAID THEY COULDN'T DIFFERENT DETERMINE THAT LOOKING AT THE MAP AND SEEING ALL THE RESIDENTIAL PROPERTY SURROUNDING YOU ON ALL SIDES EXCEPT THE SOUTH WHERE THE CLUTCH IS AND UNOCCUPIED RESIDENCE, I DON'T KNOW WHY IT'S UNOCCUPIED.

IF IT'S SOMEBODY UP NORTH ON ABANDONED OR WHAT IT IS.

BUT IT SEEMS TO ME AND I'M GOING TO USE THE INCOMPATIBLE I DOING THINK IT BELONGS BASED ON THAT SO I'M REALLY CONCERNED ABOUT SEVERAL ASPECTS OF THIS AND I APPRECIATE Y'ALL WANTING TO BE ENTREPENURIAL AND HAVE A BUSINESS THERE AND ALL AND I THINK YOU FOUND A GREAT PLOT. DO YOU OWN THE PROPERTY NOW?

DO YOU LIVE ON IT? >> NOT AT THIS POINT.

>> ABOUT A MILE DOWN THE ROAD. >> IF WE CAN GET THIS GOING TO BE ABLE TO RUN THE BUSINESS FROM THERE.

>> THAT'S YOU KNOW, HAVING A NICE SPACE, A NICE INTIMATE GATHERING SPOT OTHER THAN THAT YOU KNOW, A DEVELOPER IS GOING TO WANT TO COME IN AND DESTROY IT AND PUT IN BIG APARTMENT COMMUNITIES OR IT WILL BE 300 CARS COMING IN AND OUT AS IT TURNS BACK INTO A SCHOOL. YOU KNOW SO IT WAS ONCE A SCHOOL. I'M NOT IN THE SCHOOL REALM PER SE. IT'S JUST TRYING TO RAISE MY TWO

RIGHT NOW. >> I'M NOT SURE.

THE PROPERTY THAT'S ON THE KOORN OF GREENBRIER AND 13 YOU GUYS MAY KNOW THIS BUT THE LAST I HEARD FROM THE REALTOR SOLD IT SAID IT WAS GOING TO BE AN OFFICE COMPLEX GOING TO BE

COMMERCIAL. >> THE SAME REALTOR THAT WAS ON THIS PROPERTY WAS ON THAT ONE TOO.

>> COMMERCIAL IN THE CORNER THERE SO IT'S COMING TO THE AREA. THERE'S SO MUCH LAND ON

GREENBRIER. >> WHEN WE SAW THIS PROPERTY, WE FELL IN LOVE WITH THE BEAUTY OF IT BECAUSE IT WAS SO DIFFERENT AND THE ONLY REASON WE BOUGHT IT WAS TO TRY AND CONSERVE THAT TO KEEP THAT AND TO MAKE IT A PLACE WE COULD SHARE WITH EVERYBODY IN THE COMMUNITY SO THAT'S ALL WE ARE TRYING TO DO OUT OF THIS WHOLE THING. AND HOPE YOU GUYS CAN FIGURE

THAT. >> SURE, ABSOLUTELY.

>> GIVEN THE FACT A YEAR AGO DID GET APPROVED AND WE HAVE DUMPED A LOT OF MONEY, LIFE SAVINGS. YOU KNOW.

>> I HEAR YOU. OKAY, I WILL STOP.

I HAVE A FEW FURTHER COMMENTS BUT IF THERE'S ANY SPEAKERS I'D LIKE TO HEAR FROM THEM. WE DID GET SEVERAL LETTERS.

>> MS. SPIEGEL DID YOU HAVE ANYTHING ELSE TO SAY? ANY OTHER QUESTIONS? ALL RIGHT.

AT THIS TIME WE WILL GO TO PUBLIC COMMENT IF ANYBODY IS IN THE AUDIENCE TO TALK ABOUT IN ITEM PLEASE COME UP.

NOW IS YOUR OPPORTUNITY. NAME ADDRESS FOR THE RECORD

PLEASE. >> JUSTIN GARRETT, PROPERTY AT 239 TOWERS RANCH DRIVE TO THE COMMENT ABOUT THE EMERGENCY ADDRESS AND I DID NOT COME HERE PLANNING TO SPEAK ON THIS BUT TO COMMENT ABOUT THE EMERGENCY SERVICES SHOWING UP FURTHER DOWN THE ROAD ALPINE GROVE STATE PARK BACK THERE THERE ARE LARGE GREEN SIGNS I FOUND ON GOOGLE STREET VIEW WHERE APPARENTLY IT'S SOMEWHAT NORMAL TO HAVE 911 EMERGENCY ADDRESS POSTED ON A SIGN IN THE EVENT SOMEONE CAN NEED A CALL FOR EMERGENCY SERVICES SO I THINK THERE MIGHT BE A SOLUTION TO THE EMERGENCY

SERVICES ARRIVING ALREADY. >> INTERESTING POINT.

>> ANYBODY ELSE WOULD LIKE TO SPEAK.

SIR. COME ON UP.

NAME AND ADDRESS FOR THE RECORD PLEASE.

>> LUIS CABALLERO, [ADDRESS] MY HOUSE IS NEXT TO THIS PROPERTY

[01:15:12]

AND I'M SAD THAT THE OWNERS DIDN'T APPROACH [INAUDIBLE] CONCERNING THEIR IDEAS OR WHAT THEY WANTED TO DO WITH THAT THING. MY MAJOR CONCERN IS NUISANCE, NOISE NUISANCE, ESPECIALLY OUTDOOR EVENT AND ESPECIALLY EVERY WEEKEND. I DIDN'T PUR-- I PURCHASED MY PROPERTY PEACE OF MIND ON THE WEEK.

I DON'T WANT TO HEAR WETTING RECEPTIONS ACROSS FROM THE STREET THAT DIVIDES MY PROPERTY THEIR PROPERTY.

THERE'S A STREAM THERE. YOU KNOW PROJECTS FROM THERE.

THAT IS ALSO WE SHOULD NOT APPROVE IT BECAUSE IT WOULD BECOME A NUISANCE ACCORDING TO THE CODE.

AND SPECIAL USE ACTIVITY MAY CAUSE A NUISANCE SO I'M NOW IN POSITION IF YOU APPROVE THIS THAT IT WILL CAUSE A NUISANCE IN THE FUTURE, WHICH MEANS IT'S PROVING TO ME TO CALL EVERY TIME THERE'S A VIOLATION OF NOISE ABOVE 50 DECIBELS AND THEN HAVE TO CALL AND REPORT AND PROVE THAT IT SHUT DOWN AT 10:00 OR 11:00 OR WHATEVER. AND THAT THE MY RESERVATION ABOUT THAT. AND I'M DEPRIVED ENJOYMENT OF MY PROPERTY IF THEY HAVE IT EVERY WEEKEND.

ALSO, WHEN THERE WAS A SCHOOL, IT DOESN'T MATTER TO ME ALL THE KIDS, IT WAS DURING THE DAY AND DIDN'T BOTHER ME BUT IT BOTHERS ME IF IT CARRIES OVER IN THE MIDDLE OF THE NIGHT AND THE NIGHT. I KNOW THEY'RE TRYING TO DO MAKING THE RECEPTIONS OR PARTIES INSIDE A BARN OR WHATEVER, ENCLOSED SO THAT NOISE DOESN'T GET PROJECTED OR THE VIOLATIONS OR WHATEVER DOESN'T GET PROJECTED OUT SIDE SO THAT'S MY MAJOR CONCERN AND I IMPLORE YOU TO TURN IT DOWN AND REQUEST MORE SPECIFICITY ALLOWING OUTDOOR ACTIVITIES AT NIGHT.

THAT'S ALL. >> THANK YOU.

ANYBODY ELSE THAT WOULD LIKE TO SPEAK? PLEASE COME FORWARD. NAME AND ADDRESS FOR THE RECORD,

PLEASE. >> YES, MA'AM.

I'M BRIAN EVERLY LOOK AT NATO STATE ROUTE 13 SO I'M DRIVE TO THE BACK ADDED TO THERE VENUE AND I'VE KNOWN THE PREVIOUS OWN TLAERS WERE THERE. AT THIS TIME THIS PROPERTY IS ALSO RENTED OUT AS AIRBNB OR EVENT CURRENTLY AT THIS TIME SO THERE ARE TIMES THERE ARE PEOPLE THERE HAVING A GATHERING OR A GET TOGETHER, AND THE NOISE IS ALREADY OVER DECIBELS WHERE YOU CAN HEAR KIDS SCREAMING MUSIC GOING ON AND I LOVE THIS IDEA.

THEY REALLY DO HAVE SOMETHING SPECIAL.

I KNOW YOU GUYS SPOKE ABOUT THE PROPERTY ITSELF IN GENERAL.

IT'S A GREAT PIECE OF PROPERTY. WE HAVE WALKED IT SEVERAL TIMES WITH REALTORS LOOKING AT IT AS WELL NOT ONLY MYSELF BUT OTHER PEOPLE WE KNOW THAT LIVE IN THE COMMUNITY, SEVERAL NEIGHBORS THAT ARE HIGHLY CONCERNED WITH THE VENUE BEING A NUISANCE LIKE THE PREVIOUS JUST GENTLEMAN SAID.

AGAIN, WE WOULD LOVE TO SUPPORT IT BUT THAT ONE PARTICULAR DRIVEWAY THAT LEADS BACK TO THAT POLE BARN, THE ROAD ITSELF KNOWING THE PREVIOUS OWNERS THERE, THE FIRE DEPARTMENT TRYING TO BET BACK THERE, WE HAVE SPOKE TO SEVERAL TIMES, FOR ME I'VE HAD PEOPLE COME IN MY DRIVEWAY LOOKING FOR THAT RESIDENCE BEHIND MY HOME. I'VE NEVER SPOKEN TO TONERS AND I'VE NEVER TALKED TO THEM AT ALL.

I'VE NEVER MET THEM. I'VE SEEN THEY ARE VEHICLE DRIVE THROUGH MY PROPERTY SEVERAL TIMES AND THEY NEVER STOPPED ONES TALK TO MY WIFE OR CHILDREN THE THEY'VE DRIVEN BY MAKEUP TIMES, NOT A WAVE, NOT HEY, CAN WE TALK REAL QUICK.

SEVERAL OPPORTUNITIES FOR THEM TO COME TO US BUT AGAIN, I DON'T WANT TO FOCUS ON THAT MY FOCUS IS BASICALLY THE PROPERTY DIRECTLY HINTED MY HOME IS WHERE WE HAVE HAD OUR ISSUES.

[01:20:03]

THE REST OF THE ST. JOHN'S GRAMMAR SCHOOL, GREAT IDEA FOR THEM TO GO BACK THERE, DON'T THINK THERE WERE MORE THAN 50 KIDS TENDING THERE WE HAVE BEEN THERE SEVERAL YEARS WE HAVE SEEN THE TRAFFIC IN AND OUT OF THERE WE HAVE HAD SOME OF OUR FRIENDS KIDS THAT WENT TO THAT SCHOOL THERE'S NOT BEEN 300 CARS COMING IN AND OUT OF THERE I CAN TELL YOU THAT BUT YOU KNOW WHATEVR IS THEIR FOCUS TO HAVE EVENTS. ALPINE GROVE PARK IS DOWN THE STREET. THEY HAVE A LOT OF EVENTS THERE.

AGAIN I'M TRYING TRYING TO TAKE ANYTHING AWAY FROM ANYBODY BUT A SAMPLE FACT AS WE STAND RIGHT NEXT TO THE PROPERTY THAT DRIVEWAY THAT LEADS BACK TO THE PROPERTY THAT THEY HAVE BACK THERE, THE HOME THAT SETS ON ITS LAND THAT WOULD BE ACCESS TO THAT POLE BARN THERE'S ALREADY BEEN EVENTS THERE.

THERE'S ALREADY BEEN PARTIES THERE.

THIS HAS BEEN NUISANCE TMS DRIVING UP AND DOWN THAT DRIVEWAY WHICH MY DRIVEWAY IS DIRECTLY ON THAT DRIVEWAY.

THERE'S SPEEDING. THEY'RE NOT SLOWING DOWN.

THE OWNERS DID PUT UP A SIGN I SAW TO WATCH OUGHT OUT BE CAREFUL SLOW DOWN BUT THEY'RE NOT DOING IT.

PEOPLE ARE COMING UP 1-3 A.M. DRIVING HIGH RATE OF SPEED SO THERE IS CONCERN WHETHER OR NOT THAT PROPERTY IS GOING TO BE AND WEEKEND E 10:00 THAT MAY SE- SEEM LATE.

IT'S NOT A BIG DEAL. THE NOISE ITSELF IS MORE A NUISANCE AS OPPOSED TO PEOPLE BEING OUTSIDE OR IN A BUILDING AND CONGREGATING NOT AN ISSUE BUT AS FOR CERTAIN EVENTS THERE I'D HAVE TO SAY WE DON'T WANT IT.

AGAIN, YOU GUYS RECEIVED SEVERAL EMAILS.

THERE ARE SEVERAL PEOPLE THAT COULDN'T ATTEND.

THAT WANTED TO BE HERE. UNFORTUNATELY THEY HAVE TO WORK BUT YOU PRETTY MUCH GOT THE GIST OF IT THROUGH THEIR EMAILS THROUGH THE OTHERS THAT COULD MAKE IT BUT THANK YOU FOR YOUR

TIME. >> THANK YOU.

ANYONE ELSE? NAME ADDRESS FOR THE RECORD.

>> MY SNAIM IS JEFF DIAMOND, 2357 STATE ROAD 13.

THIS IS A PICTURE FROM MY BEDROOM OF THE PROPERTY THEY'RE NOW ADDING TO THE EVENT VENUE. MAY BE A HUNDRED FEET.

THERE'S NO TREES NO BUSHES BETWEEN THAT AND MY FENCE.

THAT THE MY ONLY BARRIER SO MY MAIN CONCERN IS THE NOISE IT'S GOING TO BE BRING. THERE'S AIRBNB THERE TODAY DIFFERENT PEOPLE IN THERE EVERY WEEKEND.

I CAN HEAR THE PEOPLE TALKING IN THE POOL.

I CAN ONLY IMAGINE WHEN THEY RENT IT OUT FOR AN EVENT.

EASTER EGG HUNT FINE, IN THE DAY BUT CORPORATE RETREAT THEY'RE NOT GOING TO BE IN BET 8 P.M. THEY'RE USING THE POOL HAVING A GOOD TIME SO THAT'S GOING TO KEEP ME UP.

MY OTHER CONCERN IS THE PHOTOGRAPHIC.

BRIAN HAD SAID THERE WAS 40 KIDS THAT WENT TO THE SCHOOL THERE, THE SCHOOL IN THE DAYTIME THEY WOULD COME 7-8:00 AND BE GONE BY 3:00. THEY WERE ACTUALLY FRIENDLY.

AS FAR AS WHAT MS. CORBETT SAID SHE DID MEET ME SAID I THOUGHT THIS WAS A GREAT IDEA. SHE DID NOT TALK TO ME BEFORE THEY GOT THE APPROVAL FOR THE FIRST TIME.

SO THE FIRST TIME SHE MET ME WAS DIFFERENT A ALTERCATION OF HOW WE ENDED UP MEETING BUT IT WASN'T GREAT IDEA HAVE CONCERNS NO, SHE DIDN'T TALK TO ANYONE ABOUT TRYING TO MAKE THIS WORK FOR THE COMMUNITY. SO THAT THE BASICALLY I WANTED YOU TO KNOW IT IS GOING TO BE A NUISANCE AND I DIDN'T BUY THE PROPERTY THERE TO HAVE PUBLIC EVENTS.

I DON'T WANT TO HEAR OTHER PEOPLES PARTIES ALL THE TIME.

THANK YOU. >> THANK YOU.

>> ANYBODY NECESSARY THE AUDIENCE WOULD LIKE TO SPEAK ON THERE ITEM? ALL RIGHT.

SEEING NONE, MS. CORBETT WOULD YOU LIKE TO COME BACK UP AND

ADDRESS THE CONCERNS? >> YES.

IN REGARDS THE AIRBNB PROPERTY THAT CAME UP AFTER THE APPROVAL OF THE LAST USE PERMIT THAT HOUSE HAS BEEN THERE SO LOOKING OUT THE WINDOW WE HAVE SEEN THE HOUSE THE WHOLE TIME.

>> SIR. I'M SORRY.

YOU CAN'T ADDRESS INTO. >> THE BARN WAS FALLEN IN.

IT WAS COMPLETELY DESTROYED. THE HOUSE THE YARD ALTOGETHER

[01:25:03]

WAS JUST, THE GUY THERE THAT WAS LIVING THERE APPARENTLY HAD A LOT OF HEALTH ISSUES AND WAIVER ELSE.

IN TERMS OF SHARING WITH NEIGHBORS WHAT WE WERE DOING, WE WEREN'T THERE YET. WE HADN'T GONT TO ALL WHAT WE WE WERE GOING TO BE DOING IN THE PLANNING AT THE TIME, SO BEFORE STARTING COMMENCEMENT AND WORK AND EVERYTHING ELSE WE HAD GOTTEN APPROVAL ALREADY AND THERE WERE NO CONCERNS FROM THESE SAME PEOPLE LAST TIME SO WE WERE JUST WORKING ON GETTING ALL THESE CONTINGENCIES AND ALL THIS STUFF FILLED BEFORE WE WOULD ADDRESS IT WITH WHAT'S GOING ON BECAUSE WE WERE IN THE PLANNING AT THE TIME SO IT WAS HARD TO SAY WHAT ALL WAS GOING TO HAPPEN UNTIL WE KNEW. IT'S STILL VERY EARLY.

>> AND AS FAR AS THE OTHER HOUSE GOES, IT'S NOT INCLUDED IN THIS.

IT'S NOT PART OF THE EVENT SPACE.

THE ONLY REASON THAT IT'S SHOWING UP IN THIS IS JUST FOR THE EMERGENCY ACCESS. WE HAVE CLEANED UP THAT DRIVEWAY SO THERE IS ACCESS FOR THE EMERGENCY VEHICLES TO BE BACK THERE. FUNNY ENOUGH WE WERE HAVING

DELIVERIES BEING MADE THERE. >> OH MY GOSH.

I USED TO WALK EVERYTHING IN. NOW I CAN TURN AROUND.

THEY'RE TRYING TO MAKE IT NICER. WE PUT SIGNAGE OUT THERE ALONG THAT ROAD, A LIGHT UP SIGN THAT SAYS THE ADDRESS LIT AT NIGHT SO YOU CAN SEE IT, PUT UP LIKE A BIG SIGN ON THE POLE THAT SAYS

WATCH OUT FOR PEDESTRIANS. >> WE COME OUT THERE AND KIDS

ARE GOING ON BIKES. >> SO TO RAISE AWARENESS IT'S A WEIRD AREA BUSY ROAD SIDEWALK HARD TO SEE NEIGHBORS THE WAY THEIR DRIVEWAYS ARE SO WE TRIED TO THINK OF EVERYTHING WE COULD.

>> TO CLEAR OUT SOME OF THE UNBRUSH.

>> REGARDLESS, THAT HOUSE DIDN'T HAVE ANYTHING TO DO WITH WEDDINGS. IT WILL PROBABLY BE A RENTAL FOR A WHILE UNTIL WE DECIDE TO MOVE INTO IT.

[INAUDIBLE] >> AND REGISTERED WITH THE COUNTY AND WE WOULD PAY THE TAXES.

>> IT'S NOT A SHORT TIME RENTAL? >> IT IS RIGHT NOW, AIRBNB.

>> ALL REGISTERED PAYING THE 5 PERCENT TAX FEE MONTHLY.

>> DO YOU HAVE INTENTION OF RENTING IT OUT TO WEDDING

PARTIES? >> THAT COULD BE A POSSIBILITY IF IT'S UNDER AIRBNB IF THEY'RE INTERESTED AND THE BRIDE AND GROOM THING WHERE THEY HAVE IN TOWN FAMILY OR SOMETHING TO DO THAT BUT AGAIN, I MEAN, WE WOULD PROBABLY RATHER BE IN IT.

>> SO, WE ARE USING IT AS A RENTAL NOW.

>> THERE'S A AIRBNB DURING THE STREET ON THE WATER.

>> WE TALKED TO A GUY WHO HAS AIRBNB DOWN THE STREET THAT HOLDS 25 PEOPLE IT'S ON THE RIVER AND WE SAID IF WE GET THERE TO HAPPEN WE SEND EVERYBODY YOUR WAY AND THAT SHOULD WORK TO BE ABLE TO HELP PEOPLE.

>> AND AGAIN WITH THE NOISE AND EVERYTHING, THERE IS NOT GOING TO BE LIKE US RUNNING THERE WHOLE THING ON OUR OWN.

THERE WILL BE EMPLOYEES IN PLACE.

THERE WILL BE MAINTENANCE, A MANAGER ON SITE MANAGER TO MAKE SURE IT'S CUT OFF AND GETTING PACKED UP.

E OPENING AND LEAVING AND NOBODY THERE TO

CONTROL IT. >> MS. SPIEGEL DID YOU HAVE ANY

QUESTIONS? >> I DO.

MR. TAYLOR, COULD I ASK YOU TO BE DIRECT A QUESTION TO YOU REGARDING NOISE ORDINANCE AND JUST HOW THAT WORKS? WE HAVE HEARD CONCERNS FROM SEVERAL NEIGHBORS HERE ABOUT KIND OF THE COMPATABILITY OF THIS IN THE MIDDLE OF THEIR QUIET ENJOYMENT. CAN YOU ADDRESS THAT SIR?

>> THE COUNTY LAST A PLAINLY AUDIBLE STANDARD FOR NOISE, SO EVEN DURING THE DAY THEY HAVE TO MEET THAT REQUIREMENT SO IT CAN'T BE TOO LOUD IT OR CAN BE A NOISE VIOLATION THE COUNTY IS CURRENTLY IN THE PROCESS OF EXAMINING ITS NOISE ORDINANCES TO SEE IF THEY NEED TO BE UPDATES OR CHANGED SO THERE'S A LOT OF OPPORTUNITY FOR THAT TO IMPROVE OR GET BETTER DEPENDING ON HOW THINGS ARE GOING. BUT THERE ARE NOISE STANDARDS DURING THE DAY AND THEN THEY INCREASE LATER IN THE EVENING.

AND SO THAT'S WHAT THEY'RE TALKING ABOUT BEING IN COMPLIANCE WITH IS LATER IN THE EVENING BUT THERE IS A NOISE STANDARD DURING THE DAY. THOSE ARE HARD TO ENFORCE SOMETIMES AND A LOT OF TIMES WHEN YOU'RE TALKING ABOUT

[01:30:03]

WEEKENDS AND EVENINGS THOSE ARE ENFORCED BY LAW ENFORCEMENT SO COORDINATING THOSE CAN BE HARD AND CHALLENGING BUT THE PLAINLY

AUDIBLE STANDARD IS A >> OKAY SO IF I UNDERSTAND ÃÃ IT'S THAT IF THE NEIGHBORS COULD HEAR NOISE CLEARLY ÃÃ EITHER WHETHER THEY ARE INSIDE THE HOUSE OR OUTSIDE OF THEIR HOUSE ÃÃTHEN IT CAN BE A VIOLATION OF THIS NOISE ORDINANCE AS IT STANDS RIGHT NOW. AND IT JUST DEPENDS ON THE TIME OF DAY. IS THAT WHAT I'M UNDERSTANDING YOU TO SAY?

>> CORRECT. >> OKAY SIR. I DON'T SEE THAT THIS HAS TO BE A LOSE LOSE FOR EVERYBODY. I HEAR YOU NEIGHBORS SAY AND I WISH THEY TALK TO US AND I WISH THEY'D REACHED OUT AND SAY YOU'RE CONNECTED IN YOUR COMMUNITY AND YOU KNOW A LOT OF PEOPLE. GET TO KNOW YOUR NEIGHBORS. THIS IS COMMUNITY.

WE LIVE TOGETHER AND WE NEED EACH OTHER MAY WANT TO LIVE THERE.OU'VE GOT THIS PLACE THAT YOUR RENTING OUT NOW AIR B&B AND IT'S ALREADY SEEMS LIKE IT'S CAUSING SOME WRINKLES.

COMMUNICATE WITH YOUR NEIGHBORS. AND GET THEIR FEEDBACK.

THAT TO ME IS THE MOST JARRING THING ABOUT THIS FROM THE PREVIOUS TIME THAT YOU GUYS WERE ACTUALLY APPROVED FOR THIS TO NOW. I'M HAVING A REALLY HARD TIME WITH COMPATIBILITY. AND I THINK IF YOU COULD SELL YOUR NEIGHBORS ON WHAT YOUR VISION IS AND YOU CAN GET THEIR INPUT INTO HOW THIS MIGHT WORK ÃÃBUT FOR RIGHT NOW ÃÃI'M PSORRY. I CANNOT SUPPORT THIS. I JUST DON'T SEE THE COMPATIBILITY WITH THIS RIGHT NOW WITH ME PERSONALLY. ESPECIALLY WITH THE NOISE ORDINANCE AS IT IS. IF PEOPLE ARE ALREADY HAVING PROBLEMS WITH THE NOISE FROM A RENTAL PROPERTY. YES. BOX THE RENTAL PROPERTY IS RESIDENTIAL. IT'S COMPLETELY SEPARATE FROM THIS IN TERMS OF EVENTS.

>> BUT YOU DO OWN IT. >> YES. WE DO OWN IT.> YOU DO ON THAT PROPERTY NOT A HARBINGER OF HOW MANAGEMENT MIGHT OCCUR AND COMMUNICATION MIGHT OCCUR WITH YOUR NEIGHBORS IF THERE IS NOT COMMUNICATION. IT'S NOT A HARD THING YOU KNOW? THAT'S WHAT I'M ALL ABOUT. LET'S JUST BE TOGETHER. EVERYBODY HAS A PART TO PLAY.

WE CAN ALL COME TO A MEETING OF PTHE MINDS. SO.

>> WE HAD STOPPED BY AND MISSED THEM A COUPLE TIMES TO MEET. BUT YOU KNOW?

IT'S YOU NOT æ >> THAT'S JUST MY SWEET SUGGESTION.

>> WE JUST WERE NOT THERE YET. AND I DON'T KNOW HOW THAT GOES. GAIN, WE HAD A PREVIOUS HEARING OR ITEM WHERE THIS COULD BE DISCUSSED AND COME BACK.

SOON EVEN. JUST WITH A LITTLE BIT MORE SUPPORT FROM YOUR NEIGHBORS.

I DON'T HOW THAT WOULD GO. BUT æ >> ANY OTHER QUESTIONS FOR THE ADVOCATE? IF NOT, WE ARE BACK INTO THE MOTION.

>> ALL RIGHT, I'M GONNA MAKE A MOTION TO DENY SEP 2023 072353 STAKE ROAD 13 NORTH UNITS BASED

UPON ÃÃPROVIDED IN THE STAFF REPORT. >> SECOND PER.

>> WE HAVE A MOTION FOR A DENIAL ON A SECOND. IS THERE ANY DISCUSSION?

>> YES. ÃÃTHINK ABOUT IT FOR THIS YEAR AGO ÃÃBUT QUITE FRANKLY I HAVE CONCERNS ABOUT THE APPLICANT. WE'VE HAD A LOT OF TIME TO MEET WITH PEOPLE IN THE NEIGHBORHOODS AND THEN WE GOT MORE PEOPLE COMING IN AND WE DID A YEAR AGO. I'M NOT TOO CONCERNED ABOUT TRAFFIC FROM THIS LOCATION QUITE FRANKLY. WE'VE GOTTEN A LOT OF TRAFFIC DOWN THERE ON THE CORNER ON 13 IS VERY QUIET. BUT THERE'S AND FULL OF PEOPLE THERE THAT ARE GOING TO BE AFFECTED BY NOISE AND YOU NOT Ã ÃIF YOU'VE EVER BEEN IN A HOTEL ROOM TRYING TO SLEEP IN THE ROOM NEXT DOOR IS HAVING A PARTY, DOESN'T MATTER HOW MUCH THEY ARE LOCKING THE DOOR ÃÃ PEOPLE GOING ON. SO THIS UNFORTUNATELY THINK IT WOULD BE A GREAT THING FOR THEM ÃÃBUT IT'S JUST A NUMBER OF PEOPLE TO BE ADJACENT TO IT IS NOT COMPATIBLE AND WE NEED TO

MAKE SURE IT'S CLEAR AT THE MOMENT. >> AND THE THOUGHTS?

QUESTIONS? MR. GREEN? >> YES ÃÃI MEAN I'VE HEARD SOME OF THESE PROBLEMS COULD BE WORKED OUT. SO MAYBE AFTER THIS I CAN CALL

A MOTION. >> OKAY. >> I AGREE THAT THIS WOULD BE GOOD FOR THE AREA. BUT ALL THE NEIGHBORHOOD AT THIS TIME HAS HAD LEGITIMATE CONCERNS. YOU HAD OVER A YEAR AND AND A HALF OR SO TO ADDRESS THESE CONCERNS AND GET OUT IN THE NEIGHBORHOOD AND HAVE THE OPPORTUNITY TO MAYBE COME TO SOME SORT OF COMPROMISE.T LEAST YOU WOULD ALLEVIATE THAT CONCERN.

SO ÃÃI HAVE VOTED FOR THIS THE FIRST TIME. BUT YOU KNOW?

[01:35:02]

I'M HESITANT TO VOTE FOR AGAIN BECAUSE YOU DID NOT DO ANY WORK IN BETWEEN AND I KNOW YOU'VE DONE WORK ON THE PROPERTY ÃÃ BUT THE NEIGHBORS HAVE LEGITIMATE CONCERNS AND I THINK THAT IS SOMETHING THAT WE ALL NEED TO LISTEN TO. WITH THAT BEING SAID ÃÃDOCTOR

HILLS MAC? >> MY LAST COMMENT WILL BE THAT I JUST DON'T THINK THIS IS COMPATIBLE. THIS IS A GREAT IDEA FOR USAGE, BUT IT DOES NOT BELONG RIGHT IN THE MIDDLE OF RED IS THE FOUR SINGLE FAMILY RESIDENCE. THE NEIGHBORS ARE CLEARLY

OBJECTING SO I CANNOT SUPPORT. >> OKAY. IF THERE'S NO THIS DISCUSSION Ã ÃWE SHOULD CALL A VOTE. THIS IS A MOTION FOR DENIAL. A BOOK FOR YES MEANS YOU WOULD LIKE FOR IT TO BE DENIED. ALL RIGHT ÃÃTHAT MOTION WAS APPROVED AND THEREFORE, YOUR APPLICATION WAS DENIED. YOU CAN ASK STAFF ON HOW TO PROCEED FURTHER.

THANK YOU. >> MADAM CHAIR I CERTAINLY WOULD NOT HAVE AN ISSUE MAKING A MOTION TO COME BACK IN LESS THAN A YEAR IS THAT SOMETHING WE CAN DO?

>> YES ÃÃIT WOULD BE A PERMISSIBLE MOTION FOR THIS BOARD TO WAIVE A ONE-YEAR

REQUIREMENT IF YOU WANT TO DO THAT. >> YOU MIGHT WANT TO SEE IF ANYBODY'S IN FAVOR OF IT. [INDISCERNIBLE]

[7. ZVAR 2023-18 DeArment Residence.]

>> GO AHEAD AND MAKE A MOTION. >> I WILL GO AHEAD AND MAKE A MOTION TO RECONVENE MADE IT

2023| YEARLY WEIGHT. >> THE MOTION IS TO ALLOW THEM TO COME BACK AGAIN PRIOR TO THE

YEAR? >> YES, PRIOR TO THE YEAR. >> IS THERE A SECOND?

NO? >> OKAY. >> SECOND ÃÃMOTION FAILS.

GOOD LUCK. UP NEXT WITH ITEM NUMBER SEVEN. MS. JOHNSON?

YOU'RE NOT MISS JOHNSTON. >> I AM COCOUNSEL TO MISS JOHNSTON.

[LAUGHTER] >> BEFORE YOU BEGIN, DOES ANYBODY HAVE AN EX PARTAKE?> YES, I DID VISIT THIS SITE AND WALKED AROUND QUITE EXTENSIVELY.

[LAUGHTER] >> ALL RIGHT. MR. GREEN?

>> NO. >> ALL RIGHT. >> BY WAY OF INTRODUCTION, GO

AHEAD AND INTRODUCE YOURSELF. >> CORA JOHNSTON, INTRODUCTION HOMES ÃÃAND I AM ELLEN AVERY SMITH ÃÃSAINT AUGUSTINE AND I'M HERE TO HELP CORA, WHO IS A SMALL RESIDENT IN THIS AREA.

SHE IS PROPOSING TO BUILD THE HOME FOR THE FOLKS WHO OWN THIS PROPERTY FOR A LITTLE WHILE AND WE WILL GET INTO THAT IN A MINUTE. A LOT ABOUT THIS LOCATED OF THE COASTAL HIGHWAY. IN THE MILANO BEACH AREA I BELIEVE.

AND YOU CAN SEE ON THE AERIAL PHOTOGRAPH HERE THAT WE ARE TALKING A LOT ABOUT THIS BEACH AND THIS DUNE LINE TODAY AND PUBLIC ACCESS THAT GOES DOWN TO THE BEACH HERE.

SO ÃÃWE WILL COME BACK TO THAT IN A FEW MINUTES AND TALK ABOUT HOW THIS AREA IS GOING TO BE DEALT WITH DURING THE CONSTRUCTION OF A SINGLE-FAMILY HOME. ON THIS PROPERTY.

>> THIS IS WHERE THE COUNTY'S RIGHT-OF-WAY IS AND THE BEACH WALKOVER.IGHT HERE.

[INDISCERNIBLE] YOU ARE WELCOME. OBVIOUSLY THE FUTURE LAND USE DESIGNATION OF THIS PROPERTY IS RESIDENTIAL C. THE ZONING IS RS THREE AND THIS IS A LEGALLY BUILDABLE LOT. I WANT TO SAY THAT. OR IT WAS WHEN IT WAS PURCHASED. SO WE WILL TALK ABOUT THAT IN A MINUTE.

SO ÃÃTHE RS THREE ZONING DISTRICT REQUIRES A 25 FOOT YARD SETBACK.

A 20 FOOT SECOND FRONT SETBACK ALONG THAT COUNTY RIGHT-OF-WAY LINE THAT I JUST TALKED ABOUT THAT GOES DOWN TO THE BEACH. AND FOR THIS LDC SECTION, PRIVATE SWIMMING POOLS MUST MEET A MINIMUM SETBACK REQUIREMENT. SO THOSE ARE THE PARAMETERS WE

[01:40:03]

ARE TALKING ABOUT TODAY. SO ÃÃTHIS IS THE ZONING VARIANCE REQUEST TO REDUCE THE FRONT YARD. SO ALONG THE COASTAL HIGHWAY Ã ÃTHE FRONT YARD SETBACK REDUCED FROM 25Ä5 FEET DUE TO THE PROPERTIES LOCATION ALONG THE ATLANTIC OCEAN EAST OF THE COASTAL HIGHWAY AND LIMITED DEPTH OF THAT LOT. AND THEN ALSO IT'S TO ALLOW THE PRIVATE SWIMMING POOL TO BE CONSTRUCTED WITHIN THE SECOND FRONT YARD, WHICH IS REALLY THE SOUTH SIDE OF THE PROPERTY ADJACENT TO THAT RIGHT-OF-WAY LINE THAT GOES DOWN TO THE BEACH ACCESS. DUE TO THE NEED TO CONSTRUCT A SEAWALL IN THE REAR OF THE LOT.

AND WE WILL TALK ABOUT THE SEAWALL AND THE EXTENT OF THAT SEAWALL AND A MINUTE FOR THE PUBLIC BENEFIT. THE LOT IS HAS THE RIGHT-OF-WAY THAT GOES DOWN TO THE SOUTHERN SIDE AND IT ALSO HAS A LIMITED DEPTH. SO THAT SECOND FRONT SIDE YARD WOULD BE REDUCED FROM 20 FEET Ã THREE FEET AND THAT WE ARE GOING TO SHOW HOW GENERATION IS GOING TO BUILD FOR THE PUBLIC BENEFITTO RELATED TO THAT CONDITION.

SO AGAIN ÃÃGOING TO HARDSHIP AND THE CODE ÃÃAGAIN, WE ARE GOING TO NARROW THE EXTENT OF THIS BLOCK. THE LOT HAS LIMITED DEPTH FROM THE COASTAL HIGHWAY AND THE BEACH. THE LOT SITS EAST OF THE CONSTRUCTION CONTROL LINE AND IS RESTRICTED BY THE ERODED DUNE STRUCTURE OF THE BEACH IN THIS AREA, WHICH WE'RE GOING TO TALK MORE ABOUT IN A MINUTE PRINCIPAL OTHER HOMES IN THE COASTAL HIGHWAY HAVE ZONING VARIANCES AND A SIMILAR CONFIGURATION OF THE SMALLER FRONT YARD SETBACKS.

HOLD UP. SORRY. THERE ARE NO PUBLIC SIDEWALKS THAT ARE ON THE EAST SIDE OF THE COASTAL HIGHWAY. SO WITH THE SHORTER OR NARROW FRONT YARD ÃÃTHERE ARE NO VEHICLES OVERHANGING THE SIDEWALK BECAUSE THERE IS NO SIDEWALK. THE HOME DEPTH BY FTPS REGULATION IS ONLY ALLOWED TO BE 25 FEET IN THIS AREA. AND THE OWNER, WHICH WE WILL TALK ABOUT WILL CONSTRUCT THE SEAWALL ALONG THE EASTERN BOUNDARY OF THE LOT TO BE TIED INTO THE SEAWALL.

AND THERE'S A ERROR ON THIS SLIDE. IT WAS A MISUNDERSTANDING ON MY PART. THE SEAWALL WILL ACTUALLY BE RECONSTRUCTED TO THE SOUTH ACROSS THE COUNTY'S RIGHT-OF-WAY TO TIE INTO THE NEIGHBORING SEAWALL TO THE SOUTH. NOT THE NORTH. AND WE WILL TALK ABOUT THAT IN JUST A MINUTE. AND THEN THE SECOND VARIANCE IS TO ALLOW THIS PRIVATESWIMMING POOL AND THE SECOND FRONT YARD. SO ON THE SOUTH SIDE OF THE HOUSE BECAUSE THERE'S NOT ROOM TO CONSTRUCT A POOL IN THE REAR YARD DUE TO THE LIMITED DEPTH OF THE REAR YARD AND THE TIEBACK LINKS FOR THE SEAWALL. THE OWNER WILL CONSTRUCT THE SEAWALL ALL THE WAY AROUND HIS PROPERTY TO PREVENT ENCROACHMENT TO THE COUNTIES BEACH ACCESS AND WILL CONSTRUCT IT ACROSS THE COUNTIES BEACH ACCESS TO THE SOUTH. AND IT WILL BUILD A CO-COMPLIANT FENCE ALONG HIS WESTERN PROPERTY LINE. SO ON THE WEST AND SOUTH SIDE TO THE PROPERTY ÃÃTHERE IS A NOTE IN THE STAFF REPORT ABOUT A LOCATION OR THAT IT WAS NOT CLEAR THAT THERE WOULD BE A FENCE ALONG THE SOUTHERN PROPERTY LINE.

THERE WILL BE A FENCE ALONG THE SOUTHERN PROPERTY LINE THAT IS SIX FEET TALL.

IN PARTS OF IT WILL BE POOL COMPLIANT FENCE ALONG THE WEST AND SOUTH SIDES.

AND THEN THE BLACK ALUMINUM FENCE ALONG THE EAST SIDE. OF THE LOT.

AND SO AGAIN ÃÃOTHER HOMES LIKE THIS ENCROACH INTO THE COUNTY RIGHTS-OF-WAY AT THE ENDS OF THESE STREETS. THE CLOSEST THE POOL WILL BE TO THE PROPERTY LINE IS APPROXIMATELY SIX FEET AND THE OWNER AGAIN ÃÃWILL BUILD THE SEAWALL AND REBUILD THE STAIRCASE THAT EXISTS TODAY IN THE SAME LOCATION. THE RIGHT-OF-WAY IS ABOUT 60 FEET WIDE.I BELIEVE MS. JOHNSON IS GOING TO TELL US THE DIMENSIONS OF WHERE ALL THIS FITS AND WHEN WE GET INTO THE SITE PLAN FOR THE PROPERTY. SO ÃÃTHIS IS GOING TO BE THE FIRST SITE PLAN. CORA, IF YOU WOULD LIKE TO WALK THROUGH WHERE THE HOUSE IS AND THE POOL AND WHERE YOU GO TO BUILD THE SEAWALL AND I WILL GIVE YOU THIS.

>> YES, IF YOU WILL GO TO THE NEXT SLIDE ELLEN. THERE WE GO.

SO I'VE HAD HIGHLIGHTED THIS FOR STAFF BECAUSE WITH THIS TYPE OF LOT AND SITE PLAN ÃÃ IT'S FAIRLY COMPLICATED AND HAS A LOT OF WRITING ON IT. SO WHEN I TURNED AND FOR MY STAFF REPORT ÃÃI KIND OF HIGHLIGHTED EVERYTHING ON HERE. O SHOW HOW WE MET THE SETBACK GUIDELINES. AND HOW THE CURRENT 25 FOOT SETBACK FROM THE FRONT YARD ÃÃ THE BUTTS COASTAL HIGHWAY ENCUMBERED US FROM EVEN BEING ABLE TO BUILD A 25 FEET DEEP

[01:45:01]

HOUSE. AND THEN PLACING THE POOL IN THE SIDE YARD ÃÃWE ACTUALLY DID MAKE THE HOUSE NOT QUITE AS WIDE AS IT COULD BE IN ORDER TO BE ABLE TO GET THE POOL IN THERE. THIS HOUSE AND THIS LOT ACTUALLY HAS THREE FRONT YARDS.

MITT HAS THREE FRONT YARDS ON THE COASTAL HIGHWAY. IT HAS A SECOND FRONT YARD THAT BUTTS ON ALONG THE COUNTY RIGHT-OF-WAY ROAD ÃÃWHICH IS AN UNUSED ROADWAY AND THEN ACTUALLY HAS 1/3 ONE BECAUSE AT ONE POINT IN TIME ÃÃTHERE WAS A ROAD IN THE BACK OF THE LOT ALONG COASTAL HIGHWAY, WHICH IS LONG GONE. SO WHEN WE STARTED WORKING ON THE DUE DILIGENCE PART ÃÃWE KNEW THAT THERE WAS ACTUALLY THREE FRIENDS THAT BACKS ON THIS LOT. WE ARE REALLY MISSING ONE OF OUR NORMAL 10 FEET SIDE SETBACKS. WHICH WOULD BE THE ONE WHERE THE POOL SITS.

YOU SEE THE GREEN BOX UP THERE. HAT ACTUALLY IS WHERE A NEW STAIRCASE WOULD BE CONSTRUCTED.

AND WHERE THAT GREEN BOX SETS Ã ÃTHAT IS THAT DOUBLE LINE IS ACTUALLY THE NEW SEAWALL THAT IS CURRENTLY PERMITTING WITH DEP WITH ÃÃCONSTRUCTION. SO YELTON IS APPLYING FOR THE AND THEY WILL CONSTRUCT THAT SEAWALL AND DO THEIR PERMITTING BOTH WITH DE AND ST. JOHN'S COUNTY TO BE ABLE TO CONSTRUCT IT ACROSS THE THE ARMAMENTS PROPERTY, WHICH IS 100 FEET

WIDE AND THEN THE 60 FEET WIDTH OF THE COUNTY RIGHT-OF-WAY. >> SO CORA, I'M GOING TO DROWN THIS UNLESS YOU WANT TO CALL. DOES THAT MEAN YOU'RE GONNA BUILD THE WALL ÃÃ

INDISCERNIBLE] >> THAT IS THE SEAWALL THERE ELLEN.

>> OKAY, YOU GOT IT. >> IN THIS ONE IS A LITTLE BIT FURTHER BACK.

BUT THERE IS A SEAWALL BOTH TO THE NORTH AND TO THE SOUTH. WITH THE DEP REQUIREMENTS ÃÃ YOU'RE ALLOWED TO WHAT THEY CALL BRIDGE THE GAP. SO YOU WOULD NOT BE ALLOWED TO BUILD A SEAWALL HERE IF THERE ARE ALREADY SEAWALLS TO THE NORTH AND TO THE SOUTH OF THIS PROPERTY. SO WHAT'S HAPPENED IS VICTOR ARMAMENTS PURCHASED THIS PROPERTY IN JULY 18 OF 22 THEY CLOSED ON IT. THEY CLOSED ON IT FOR THE PRICE OF $735,000. AND TWO MONTHS LATER IAN CAME AND WASHED AWAY ALL THE BEACH NOURISHMENT. BUT IT EXPOSED THE TWO SEAWALLS THAT WERE EXISTING ON THE NEIGHBORING PROPERTIES. SO DEP DOES ALLOW YOU TO CLOSE THAT GAP WERE BRIDGE THE GAP Ã ÃWHICH THEN PROTECTS THE COASTLINE. SO BY BUILDING THE SEAWALL HERE AND BUILDING THE HOME AND PULLING IT ACROSS THE COUNTY RIGHT-OF-WAY ÃÃWE ARE ACTUALLY PROTECTING THAT PART BECAUSE OTHERWISE, WHEN A STORM HITS ÃÃIT'LL BE DEFLECTED OFF THE PROPERTY TO THE NORTH AND PROPERTY TO THE SOUTH, WHICH THE BEACH WE NOURISHMENT IS STILL THERE WITHIN THEIR PROPERTY WITHIN THE EXISTING SEAWALLS.

AND IT CAME IN THROUGH THE D ARMAMENTS LOT AND THEY LOST TWO THIRDS OF THE LOT THAT THEY

PURCHASED TWO MONTHS PRIOR. >> OF THE SEAWALL AGAIN WILL BE RECONSTRUCTED ACROSS THE COUNTY'S RIGHT-OF-WAY SO THAT WILL HELP PROTECT THE COUNTIES BEACHFRONT AS WELL?

>> IT WILL PROTECT THAT WHOLE ACCESS FOR THE COMMUNITY AND THE PEOPLE THAT USE THAT BEACH ACCESS ÃÃYES. AND THE STAIRS WILL BE REBUILT WHERE THEY ARE TODAY?

>> THIS IS A $250,000 SEAWALL. OKAY. >> I GUESS WE WILL FINISH UP AND THEN ANSWER WHATEVER QUESTIONS. BECAUSE WE DID READ THE PUBLIC COMMENT THEY CAME IN ABOUT THE BEACH AND THE EROSION. SO WE WANTED TO MAKE SURE THAT WE ADDRESS THAT CONCERN FROM THE PUBLIC AND THEN THERE WERE ALSO COMMENTS ABOUT TRAFFIC ON THE FOOTSTOOL HIGHWAY. AND WE UNDERSTAND ÃÃLIKE CORA SAID ÃÃTHIS IS A LEGAL LOT THAT THESE PEOPLE PURCHASED THINKING THAT THEY COULD BUILD A HOME HERE AND THEN AND WASHED DOWN INTO THE SEA. SO WE ARE NOT ASKING FOR SOMETHING THAT IS NOT ALREADY APPROVED IN LAND USE AND ZONING. AS A MATTER OF RIGHT AND THEY

DO HAVE PRIVATE PROPERTY RIGHTS BECAUSE THEY HAVE OWNED THE LOT.>> SO IF YOU GO COUPLE OF MORE SLIDES PLEASE. DID I GET IT? SO THIS IS A COLOR RENDITION OF THE HOUSE. SHOWING THE DRIVEWAY AND SHOWING THE TURNAROUND.

SO THAT WHEN YOU COME OUT OF THE GARAGE ÃTHIS YOU WILL HAVE THE OPPORTUNITY ÃÃYOU MIGHT HAVE TO DO A SIX-POINT TURN, BUT YOU CANNOT TURNAROUND BEFORE HEADING BACK OUT ONTO

[01:50:03]

COASTAL HIGHWAY. AND I DO THAT ALL THE TIME ON OUR STREETS.

BECAUSE I DO NOT PARK ON PEOPLE'S DRIVEWAY AS A CONTRACTOR WHEN I GO TO A JOB Ã ÃAND NEVER PULL IN SOMEBODY'S DRIVEWAY AND I LEARNED A LONG TIME AGO.

I LEARNED AT FIVE OR SIX OR EIGHT POINT TURNS AND I CAN TURNAROUND AND IT CAN HAPPEN ON THIS AS WELL. THERE IS THE PRIVACY FENCE SO IT WILL BUFFER THE POOL IN THE NEIGHBORING DUNE WALKOVER. THE DUNE WALKOVER STEPS ARE ABOUT 20 ÃÃ26 FEET Ã28 FEET AWAY FROM THE PROPERTY LINE OF THE D ARMAMENTS. SO THE NICE THING IS THAT THE CURRENT DUNE WALKOVER PLACEMENT AND STAIRS SITS RIGHT IN THE MIDDLE OF THAT 16 FOOT RIGHT-OF-WAY. THERE'S PLENTY OF SPACE BETWEEN THIS PROPERTY AND THE PUBLIC ACCESS. THIS IS THE BACK OF THE HOUSE. THIS IS THE SIDE WHERE THE POOL WILL BE. AND IT REALLY ABUTS THE HOUSE VERSUS THE PROPERTY BECAUSE THE PROPERTY IS ON AN ANGLE ÃÃTHE CLOSEST POINT, WHICH IS THE EASTERLY POINT ÃÃAT THE WATER'S EDGE IS 6.2 FEET OFF THE PROPERTY LINE AND THEN I BELIEVE WE ARE NINE FEET OFF THE EASTERLY PROPERTY. PROPERTY LINE. WHICH ÃÃWITH BEING A HOMEBUILDER AND PUTTING POOLS IN YARDS, THIS IS A VERY COMMON PRACTICE.

THIS IS YOUR PUBLIC BEACH WALKOVER. IT EXISTS TODAY AND YOU CAN SEE

OUR NEIGHBORING HOUSE TO THE SOUTH THERE. >> AND JUST SO TO WRAP UP.

THESE ARE THE CODES. AGAIN, THIS IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE IT IS FOR CONSTRUCTION ON A LEGALLY APPROVED LOT. NO SIDEWALK EXISTS ON THE EAST SIDE OF THE COASTAL HIGHWAY. OBVIOUSLY ÃTHIS WOULD ACTUALLY BE A BENEFIT TO THE PUBLIC INTEREST BECAUSE THE SEAWALL WILL BE CONSTRUCTED ACROSS THE COUNTY'S ENTIRE PROPERTY AND TIME TO THE SEAWALL TO THE SOUTH. SO THE COUNTIES BEACH ACCESS WILL BE PROTECTED AS WELL. AND THEN YOU KNOW ABOUT THE HARDSHIP CRITERIA.

THIS IS A VERY SHALLOW HOUSE. MOTHER NATURE DID NOT DO ANY FAVORS TO THIS LOT BY WASHING TWO THIRDS OF IT OUT INTO THE OCEAN. UNTIL THE ONLY WAY TO REALLY MAKE THE LOT WHOLE AGAIN IF YOU WILL IS TO ALLOW THE CONSTRUCTION OF THE SEAWALL IN THIS VERY SMALL BUILDABLE AREA. AND SO ÃÃWITH THAT ÃÃSTAFF COMMENTS HAVE BEEN SIGNED OFF ON AGAIN. THE STAFF ÃÃTHERE WAS A NOTE IN THE STAFF REPORT ABOUT NOT BEING CLEAR ABOUT THE FENCE ÃÃ BUT MISS JOHNSTON JUST TESTIFIED THAT THERE WILL BE A FENCE ALONG THE SOUTHERN PROPERTY LINE. SO THAT THERE WILL BE NO PUBLIC ACCESS INTO THIS AREA OR VICE VERSA. SO IN THE PUBLIC ACCESS IT'S BEING RESERVED. SO WE RESPECTFULLY REQUEST THAT YOU APPROVE BOTH OF THESE REQUESTS AND ZONING VARIANCES. WE ARE HERE TO ANSWER WHATEVER QUESTIONS YOU MIGHT LIKE.

>> GIVEN THAT THE ENTIRE PROPERTY IS EASTWARD OF THE COASTAL CONSTRUCTION CONTROL AND ÃÃCAN YOU ADDRESS THE AND I BELIEVE THERE IS SOME 50 FOOT LONG SETBACK IN COASTAL

CONSTRUCTION. CONTROL LINE IS THAT CORRECT? >> NO SIR.

NOT WITH THE CCC OUTLINE. IT MIGHT BE WITH THE DUAL LINE IN THE BACK.

BUT THE CCC L. AT THE CCC L LINE RUNS RIGHT THE MIDDLE THE COASTAL HIGHWAY.

>> IT SAYS IN THE STAFF REPORT THAT IT'S EAST OF THE COASTAL CONSTRUCTION.

>> IT IS. >> ALL THE HOUSES ALONG A 1A FROM MILANO UP TO PONTE VEDRA

ARE CCC. >> WHAT ABOUT THE 50 FOOT SETBACK?

>> NO SIR ÃÃNOT THAT I'M AWARE OF. >> OKAY.OKAY.

YOU STATE THAT AGAIN AND YOU ADDRESS THIS THAT THE LOT CONFIGURATION AND TOPOGRAPHY OF

THE LOT IS ÃÃ [INDISCERNIBLE] >> CORRECT.

>> IT'S NO DIFFERENT THAN THE STAFF REPORTS THAT IT'S NO DIFFERENT THAN ANY OTHER LOT

ACROSS THERE. >> THAT WOULD BE CORRECT. THE DEP ALLOWS FOR 25 FOOT DEEP HOUSE. BOTH THE HOUSES ALLOWED FOR THE NORTH AND SOUTH ARE 25 FEET.

THAT'S WHAT WE ARE PRESENTING TO BE ABLE TO BUILD ÃÃBUT UNABLE TO BUILD 25 FEET ÃÃ GIVE TO REQUEST A 15 OR 10 FOOT VARIANCE, WHICH MANY OF THE HOMES ALONG THE COAST THERE

HAVE RECEIVED THOSE. >> I HAVE QUOTES FOR SOME OF THIS 10 FOOT VARIANCES.

[01:55:03]

SERIOUSLY, BUT THEY DO NOT INCLUDE APPROVAL. >> RIGHT ÃÃBECAUSE MOST PEOPLE'S LOTS ARE NOT AS WIDE AS THIS ONE AND THEN OF COURSE WE DID NOT MAKE THE HOUSE QUITE AS WIDE SO WE COULD PUT IT IN THAT SECOND SIDE YARD SETBACK. GENERALLY YOU DON'T HAVE THE COUNTY RIGHT-OF-WAY IS IN THOSE. OR THEY MAXIMIZE THAT HOUSE ON

THE ENTIRE LOT. >> SO IF YOU ARE NOT TO BUILD APPROVAL YOU STILL THINK

THERE'S A HARDSHIP? >> ABSOLUTELY. >> SO THE POOL IS NOT ADDING TO

THE TOWNSHIP? >> NO SIR. >> OKAY.

>> IT STATES ACCORDING TO LDC SECTION 6.01.03 3.4 ÃÃLOT YARDS METHODS AND MEASUREMENTS AND SPECIAL REQUIREMENTS ÃÃ THE CORNER LOT CORNER THROUGH LOTS ARE CONSIDERED TO HAVE TWO OR MORE FRONT YARDS AND ONE SIDE YARD. AT LEAST ONE OF THE FRONT YARDS MUST BE MINIMUM SETBACK REQUIREMENTS. CAN REDUCE ÃÃSAYS YOU CAN REDUCE ON THE FRONT YARDS AND MAYBE REDUCE UP TO $0.20. THE 20 PERCENT OF 20 FEET.

>> AND THAT'S WHY WE ARE ASKING FOR THEM ON ZONING VARIANCES. BECAUSE OF THE CO-CRITERIA LIKE THAT. SO AGAIN ÃÃWE ARE ASKING FOR TWO SEPARATE VARIANCES THAT ARE

INCLUDED IN THE SAME APPLICATION. >> GOT IT, RIGHT.

>> ONE IS FROM THE COASTAL HIGHWAY FRONT YARD SETBACK.O AGAIN ÃJUST BECAUSE THERE'S NO SIDEWALK IN THE AREA LIITING REDUCING BY 10 FEET AND THEN ALSO ON THE SECOND FRONT YARD BECAUSE AGAIN THIS IS AN HOUR VACATED OR NOT VACATED ÃÃBUT UNBUILT RIGHT-OF-WAY ÃÃYOU'VE

GOT THE SECOND FRONT YARD AND ON THE SOUTH SIDE. >> RIGHT ÃÃBUT YOU'RE NOT MEETING GIVENNESS ÃÃYOU'RE NOT MEETING THIS. AT LEAST ONE OF THE FRONT YARDS

MUST BE A MINIMUM OF SETBACK REQUIREMENTS. >> I BELIEVE THAT.

>> AGAIN, BOTH OF THESE ÃÃ THERE ARE TWO VARIANCES THAT ARE BEING REQUESTED.

>> CORRECT. >> CORRECT. >> SO A CORNER LOT LIKE THIS Ã ÃOTHER THAN THE THIRD ONE IN THE BACK IS SOMEWHAT OF A COMMON OCCURRENCE.

IT'S ALL OVER ANYTIME YOU RUN ACROSS TACOMA LOT ON ANY COMMON STREET ÃÃSHE WOULD SEE THE SAME EXACT SITUATION. QUITE FREQUENTLY IN MILANO WE WOULD MEET THE FRONT YARD SETBACK BECAUSE WE MEET THE SAME COPARTNERSHIP. BUT FRANKLY, WE DO BUILD POOLS IN THE SIDE YARD SETBACK BECAUSE IN MILANO, THE POOLS ARE USUALLY ONLY HUNDRED FEET DEEP. SO IF YOU PUT A 64 FOOT DEEP HOUSE WITH A 24 FRONT SETBACK Ã ÃYOU CANNOT PUT A POOL IN THE BACKYARD SO IF YOU DRIVE A LAND MILANO YOU MIGHT SEE ALL OVER

WITH POOLS IT WITH INSIDE YARDS THAT ARE ON CORNERS AND æ >> AND THE BE THREE FEET FROM

THE PROPERTY LINE? >> YES, BUT YOU DO NOT HAVE TO GET A VARIANCE FOR IT.

>> I GUESS THEY ARE SIDE YARDS AND NOT FIRST AND SECOND FRONT YARDS.>> I THINK YOU NEED LDC 6.103 E .4 AND AT LEAST IN THE FRONT YARDS MUST BE A MINIMUM SETBACK.

SO ONE OF THEM TO BE THE 10TH APPEARANCE OR 15 FEET OFF OF A 1A AND THEY ARE NOT MEETING THAT ONE. THAT'S NOT MEETING THAT MINIMUM SUMMER AND IF I GIVE YOU THE

OTHER ONE ÃÃ [INDISCERNIBLE] >> SO MY CREATIVE BRAIN.

>> EXCUSE ME? >> MY CREATIVE BRAIN TELLS ME WE HAVE 1/3 FRONT YARD SETBACK.

>> BUT IT'S NOT THERE. >> CORRECT, BUT WE WERE STILL PULLED EARLY ON BY THE COUNTY

THAT IT WAS 1/3 YARD OR FIRST YARD SETBACK. >> IT USED TO BE ON THE

EASTSIDE PROPERTY. THAT'S IN THE OCEAN NOW. >> BUT WE ARE WELL WITHIN THE

RANGE OF THAT ONE. >> I DO NOT SEE IT THAT WAY. >> I UNDERSTAND THAT.

DOCTOR HOLDEN BACK AND I MIGHT HAVE TO HAVE STAFF CHIME IN HERE.

BUT IF THEY MADE THAT DETERMINATION ÃÃTHAT'S A STAFF DETERMINATION.

>> IF THERE'S A ROAD ON THE EAST SIDE OF THE PROPERTY. >> THEN THOSE ARE THREE FRONT

YARD SETBACK. >> HAVE THEM TIME AND BECAUSE I WANT TO BE EDUCATED ABOUT THIS BECAUSE I'LL TELL YOU THAT THAT ROAD IS LONG GONE AND THAT WOULD TELL YOU SOMETHING ABOUT THE EROSION PROBLEM. THIS AREA IS ALSO IN THE DEP REPORT UNCRITICALLY ERODED BEACHES IN THE STATE OF FLORIDA. THIS IS SMACK DAB IN THE MIDDLE

THE CRITICALLY ERODED BEACH SEGMENT. >> IT IS AND THAT'S TO THE

[02:00:03]

POINT THAT THESE FOLKS AGAIN Ã THAT'S WHEN THEY PURCHASED THIS LOT ÃÃIT WAS I WILL CALL IT FOR IN A LOOSE TERM, A COMPLETE LOT. AND THEN WHEN A HURRICANE CAME THROUGH ÃÃIT WASHED TWO THIRDS OF THE LOT OUT BECAUSE IT WAS PROTECTED BY THE SEAWALL. NOW WHAT THESE PEOPLE ARE DOING IS PROPOSING BECAUSE THEY HAVE PRIVATE PROPERTY RIGHTS IN THEIR ONCE BUILDABLE LOT.O BUILD AND SPENT $250,000 TO BUILD A SEAWALL NOT ONLY FOR THEIR OWN LOT ÃÃBUT FOR THE COUNTY'S PROPERTY THAT IS ALSO CRITICALLY ERODED. TO THE COUNTY'S PROPERTY DOES NOT WASH OUT TO SEE AND REBUILD THE STAIRCASE. AND SO I MEAN IN MY OPINION ÃÃ THIS IS A WONDERFUL COMPROMISE WITH A PUBLIC BENEFIT IN IT. FOR THE EXACT REASONS YOU ARE TALKING ABOUT.

>> YOU WERE SAYING HURRICANE IAN HAD WASHED THIS OUT? >> YES SIR.

THE CLOSED ON PROPERTY IN JULY 2022. AND IAN CAME IN IN OCTOBER.

>> I LOOKED UP ON THE PROPERTY. OKAY. >> THEY DID DO THE RESEARCH WITH ÃÃNOT TREY. DAVID CRIDER PRIOR TO PURCHASING IT.

SO THEY DID WHAT THEY COULD TO BUILD ON THAT LOT. >> AND THEY KNEW IT WAS SEAWARD

IN THE COASTAL CONSTRUCTION? >> YES. MATTHEW DID NOT WASH AWAY THIS

PARTICULAR BEACH? >> IT HAD BEEN RE-NOURISHED. SO AT THE MOST TO THE END OF

THE WAITING PERIOD. >> AND YOU'VE ASSERTED THAT THERE'S A DUNE ON THE FAR

EASTERN SIDE OF THE PROPERTY? >> WELL ÃÃI WAS JUST POINTING OUT THAT THERE'S LITERALLY A PROPERTY LINE AND BEACH. I ACCURATELY SAID IT WAS A DUNE ÃÃI APOLOGIZE.

>> THAT'S WHY I'M ASKING YOU NOW. WHAT DO NOT REALLY TALK ABOUT?

>> LET ME CLARIFY FOR THE RECORD BECAUSE WE WILL SHOW YOU THIS IS CALLED THE PROPERTY LINE THEN.> THE PROPERTY LINE IS ALL THE WAY OUT THE OCEAN THEN.> THANK YOU.

>> CURRENTLY THERE IS NOT. >> WHAT HAPPENED TO IT? >> YES ÃÃIN TOOK IT AWAY.

IF NOT ÃTHIS OTHER STORMS THAT STAGE HURRICANES OR STORMS. >> IT HAD BEEN CONSTRUCTED, BUT

AGAIN, I HAD BEEN RE-NOURISHED. WHEN YOU PURCHASED IT. >> THAT'S IT, THANKS.

>> MS. SPIEGEL? >> THANK YOU. SO I'VE A QUESTION FOR MISS FRAZIER. SETBACKS ARE DETERMINED BY HOW FAR THE PROPERTY LINE ACTUAL

STRUCTURE IS BUILT, IS THAT CORRECT? >> YES MA'AM.

>> OKAY. REALLY WHAT WE'RE TALKING ABOUT IS THE SIZE OF THE HOUSE IN RELATION TO THE SIZE OF THE LOT. AND YOU SAY THE CONFIGURATION OF THE LOT FIGURES INTO THAT. AND SO THE POOL DOESN'T FIGURE INTO NEEDING A SETBACK BECAUSE THAT'S A STRUCTURE, RIGHT? SO YOU'RE REDUCING THAT. EXCUSE ME ÃÃTHREE FEET ALONG THE EDGE, IS THAT WHAT I UNDERSTAND? SO FROM THE STAFF REPORT ÃÃ YOU REFERENCED THAT THERE WAS A BUNCH OF PROPERTIES THAT HAD THIS VARIANCE ALREADY, BUT ACCORDING TO THE STAFF REPORT, IT'S ACTUALLY ONLY ONE SINCE THE LDC IN 1999 WAS ADOPTED.

THAT RECEIVED THAT VARIANCE. >> NO MA'AM, THAT WOULD NOT BE CORRECT.

>> I'M SORRY. I'M JUST READING A STEP FORWARD.

A MISUNDERSTANDING. >> YES MA'AM? >> AM AWARE OF SEVERAL VARIANCES BEFORE THIS AREA TO MOVE HOUSES FORWARD. THAT IS FAIRLY COMMON.

AND IT MIGHT NOT BE A STAFF REPORT. THEY MIGHT SAY IN THIS PARTICULAR AREA AND COASTAL HIGHWAY. WE HAVE SEEN THIS PREVIOUSLY.

>> OKAY. I'M NOT TRYING TO BE THE SMARTEST PERSON IN THE ROOM.

I'M JUST TRYING TO FIGURE OUT. >> SO FOR THE RECORD ÃÃMISS JOHNSTON TO PROVIDE PROPERTY CARDS WITH DIMENSIONS FOR A LOT OF THOSE HOUSES. JUST FOR THE RECORD SO SHE WAS SHOWING THAT THIS WOULD NOT BE A PRESIDENT THAT HAD NOT BEEN DONE A NUMBER OF TIMES.

IN THIS EXACT SITUATION. >> OKAY. THANK YOU.

YOU TALKED ABOUT THE WALKWAY AND THAT THERE WOULD BE A FENCE AND THAT'S MORE FOR JUST SECURITY TO KEEP PEOPLE OUT OF A PRIVATE POOL THAT MIGHT BE GOING ACROSS ÃÃ

[INDISCERNIBLE] >> NOT THAT THEY CAN JUST. TO THE NEIGHBORS YARD BECAUSE I WONDERED HOW THEY DID THAT, BUT I GUESS THAT'S NOT REALLY MY ISSUE THAT I NEED TO THINK

[02:05:02]

ABOUT. OKAY SO, MY QUESTION THAT I WROTE DOWN HERE IS WHEN A DISK AT THE POOL AND MAKE THE HOUSE A LITTLE SMALLER? BUT I THINK THAT'S WHAT WE ARE TRYING NOT TO DO. SO THANK YOU.

[LAUGHTER] >> MR. MATT AVINA? >> IN TRYING TO GET THE ÃÃOF THE LOT AND THIS IS NOT A QUESTION. BUT I BELIEVE IF WE HAVE A LOT HERE ÃÃTHAT MEANS IT HAS THREE FRONT YARDS AND SO IF WE HAVE A THROUGH LOT AND YOU WOULD NEED THE SETBACK FOR PART OF THE YARD THAT FACES THE ATLANTIC OCEAN.

IF WE DON'T CONSIDER THAT TO BE FRONT YARD, WE WILL NOT HAVE A THROUGH LOT, IT WOULD JUST BE A

CORNER LOT, WHICH IN THIS CASE, 6.0130 3.403 DOES NOT APPLY. >> YES SIR.

>> THAT'S A STATEMENT ÃÃBUT BEVERLY, CORRECT ME FROM WRONG, BUT I THROUGH LOT IS A RIGHT-OF-WAY ON THE FRONT AND ON THE BACK OF THE LOT LIMITING THE AREA.

>> I COULD SEE IT THAT WAY. IT'S PLATTED THAT WAY SO DOES HAVE THAT PLATTED ROADWAY.

JUST LIKE THE ROAD THAT'S IN BETWEEN THAT PLANTED RIGHT AWAY IS NOT PLATTED THAT WAY, BUT IT'S PART OF THAT PLAT. IT'S PART OF AN UNUSUAL TO HAVE THIS BE ON 1/4 THROUGH.

BUT I CAN SEE WHERE THEY WOULD LOOK AT IT THAT WAY. >> SO YOU CAN ONLY HAVE A ONE WAY HERE? SAY THEY ARE RIGHT AWAY THERE IN THE MEET THE SETBACK SO THERE IS A RIGHT-OF-WAY THERE. HIS PROVISION DOES NOT APPLY THEN.

THAT'S ALL I HAVE. >> ANY OTHER QUESTIONS? >> ALL RIGHT.

IS THERE ANYBODY ELSE IN THE AUDIENCE WOULD LIKE TO SPEAK ON ITEM NUMBER SEVEN? ALL RIGHT. YES SIR, COME ON UP.

NAME AND IT JUST FOR THE RECORD PLEASE. >> MY NAME IS BOB BOSSA NOVA TO 23RD STREET RIGHT ACROSS FROM THIS PROPERTY. WE LOOK AT IT.

I GUESS ÃÃTHEY DID A WONDERFUL JOB IN THAT FANCY DRAWING AND SO FORTH ÃÃBUT IT DOES NOT SEEM TO ME ÃÃTHAT'S LIKE A SLIVER LOT. AND THEY WOULD TO BUILD A BIG HOUSE WITH A POOL AND A LITTLE DINKY LOT AND UNDERSTANDING ALL OF WHAT'S SAID SO FAR.

BUT IN THE PROCESS AND IN ORDER TO DO THAT ÃÃTHEY WANT TO MOVE THAT HOUSE CLOSER TO THE STREET AND AS IT IS ÃÃI NOTE NANCY AND OTHER NEIGHBORS DIRECTLY ACROSS FROM IT HAS GOTTEN MANY PICTURES WITH HER. IT'S A TREMENDOUS CONGESTION. THERE'S A LOT OF CAR ACCIDENTS THERE. THE PEOPLE, AND THEY WANT TO CHECK THE SURF.

SO THEY CHECKED THE PARK RIGHT IN FRONT OF THIS SLOT IN PARALLEL PART OF THE ROAD IN THE RUN UP THE WALKWAY AND COME BACK 10 OR 15 MINUTES LATER. AND THAT HAPPENS EVERY DAY ALL THE TIME. AND THEN THE BEACH PEOPLE COME AND THEY PARKED THEIR CARS THERE BECAUSE THEY CANNOT FIND A PLACE TO PARK ELSEWHERE. AND THEY ALL JUST ILLEGALLY PARKED AND THEN IT'S BEEN MENTIONED THAT THERE'S NO SIDEWALK.

WHILE, THERE'S A BIKE PATH THAT SITS DIRECTLY RIGHT OFF THE ROAD ON THE EAST SIDE OF A1 AND A AND THE BIKE PATH GETS A STAND THAT BLOWS OVER ONTO IT AND IT'S REALLY ÃÃBICYCLISTS SWERVE OUT INTO THE ROAD. AND NOT ONLY WHEN THEY PARKED THESE CARS ÃÃWHICH IS VERY COMMON IN THIS AREA. THE MIRRORS OF THE CARS AND NOT THE CAR ITSELF HANGS OUT ONTO THE BICYCLE RIGHT-OF-WAY. SO THE BICYCLES SWERVE OUT TO THE ROAD AND THAT'S WHERE YOU HAVE VERY CLOSE ÃÃI MEAN, THERE HAS BEEN PEOPLE HURT AND I DON'T KNOW WHAT THE HOW BAD OR HOW OFTEN IT HAPPENED, BUT IT ÃÃIT'S VERY DANGEROUS RIGHT THERE.

AND IF YOU'VE LOOKED AT THE POLICE REPORTS ÃÃYOU WOULD SEE THAT THERE AS WELL.O ÃÃ IT SEEMS TO ME THAT THEY ARE TRYING TO BUILD THIS GRIPPING HOUSE WITH A NICE POOL, WHICH WILL DO REALLY WELL FOR AN AIR B&B AND THEN THEY WILL HAVE PARTIES AT ALL HOURS OF THE NIGHT BECAUSE IT WILL BE WANTING TO GET THE FULL VALUE AND MONEY THAT THEY PAID FOR THE PROPERTY. AND THEN WILL BE SUBJECT TO LISTENING TO THIS DAY IN AND DAY OUT.I MEAN, WE'RE SO CLOSE TO IT. WE WILL BE RIGHT THERE.

AND THEN SO ÃÃIT'S REALLY MANY ISSUES FOR US.AY BE SELFISHLY THINKING WE DON'T WANT TO LISTEN TO THE NOISE AND SO FORTH. BUT TO THE PUBLIC ÃÃIT'S SAFETY. IT'S A DANGEROUS SPOT AND IT'S UNLESS THEY PUT LIGHTS OR SOME KIND OF TRAFFIC CONTROL THINGS ÃÃIT'S NOT GOOD TO CHANGE. IT'S ONLY GETTING WORSE.

BESIDES THAT ÃÃI THINK OF THE ZONING BOARDS TO GIVE PEOPLE THE PERMISSION TO BUILD BIGGER

[02:10:05]

AND CLOSER TO THE ROAD. IT SHOULD BE ÃÃTHERE SHOULD BE A HARDSHIP.

I'M NOT SEEING ANY HARDSHIP DEMONSTRATED AT ALL. TO ME ÃÃA HARDSHIP WOULD MEAN YOU KNOW ÃÃSOMEONE WHO LIVED IN AN EXISTING HOUSE IN THE PLACE AND THEY NEEDED AN ELEVATOR BECAUSE THEIR HEALTH DETERIORATED OR SOMETHING AND THEY WANT TO PUT AN ELEVATOR IN. AND IF THERE IS NO OTHER CORNER OF THE HOUSE TO BE PUTTING AN ELEVATOR AND, THEY WOULD COME IN AND WITH A VARIANCE TO DO THAT.

AND I DON'T UNDERSTAND THAT. BUT ON NEW CONSTRUCTION, YOU DON'T HAVE TO BUILD BIG.

YOU CAN BUILD WITHIN THE CODES AND WITHIN THE SETBACKS. YOU CAN DOES NOT BUILD AS BIG AND YOU HAVE TO BUILD SMALLER. AND YOU MIGHT NOT HAVE TO HAVE A POOL OR POOL AS BIG AS IT IS.

I DON'T KNOW ANY REASON WHY YOU WOULD NEED TO GIVE A VARIANCE TO SOMEBODY WHO JUST WANTS TO HAVE MORE AND THEY WANT THEIR CAKE AND THEY WANT TO EAT IT TOO.

I MEAN, A PLACE, I DON'T KNOW, WE ARE THE OLDEST CITY IN THE COUNTRY AND IT SEEMS LIKE THERE'S NO SETBACKS DOWN IN OLD TOWN. THOSE HOMES ARE RIGHT UP TO THE STREET AND IT'S BEAUTIFUL. I LOVE IT. BUT THEY WOULD NOT LOVE IT.

WHEN YOU MOVE THOSE HOMES CLOSER TO THE ROAD, YOU'RE ASKING FOR MORE DEATHS AND MORE INJURIES AND MORE ACCIDENTS AND IT SEEMS TO ME THAT THESE PEOPLE SHOULD CONSIDER DOWNSIZING A LITTLE BIT AND MAKING A LEGITIMATE HOUSE THAT WOULD FIT THE NEIGHBORHOOD.

ALL THIS BEAUTIFUL DRAWINGS ÃÃ I JUST DO NOT AGREE WITH YOU ON MANY, MANY LEVELS.

THANK YOU.> THANK YOU. IS THERE ANYONE ELSE? >> GOOD AFTERNOON.

I'M COLONEL JAMES TOOMEY, U.S. ARMY RETIRED. I LIVE WITHIN 200 FEET OF THE PARCEL IN QUESTION. MY ADDRESS IS FEBRUARY 19, 2020 THIRD STREET AND AM REPRESENTING MYSELF AND MY WIFE. I ALSO OPPOSE I WOULD SAY THE VARIANCE IN ITS ACTUAL MULTIPLE VARIANCES BEING GRANTED. A LOT OF THIS MAY MAKE SENSE FROM A LEGAL STANDPOINT. A PRETTY COMMON SENSE STANDPOINT.

I'VE LIVED IN A LOT OF AREAS AROUND THE COUNTRY AND A LOT OF DIFFERENT STATES AND I'VE BEEN IN THE ARMY FOR 25 YEARS AND I NEVER HEARD OF AN AREA THAT HAS THREE FRONT YARDS.

MOST HOUSES HAVE ONE FRONT YARD. I WOULD ALSO OBJECT TO THE WAY THIS PROPERTY AND THIS PROJECT HAS BEEN DESCRIBED. THE OWNERS SEEM TO BE INTENDING TO BUILD WHAT IS ESSENTIALLY THE BIGGEST HOUSE IN THE NEIGHBORHOOD.

AND THEY ARE BASING THEIR BUILD PLANS ON A PROPERTY THAT NO LONGER EXISTS BECAUSE PART OF IT HAS WASHED AWAY. AS MY NEIGHBOR, BOB MENTIONED, THEY WANT TO BUILD A BIG HOUSE THAT'S ACTUALLY THE SIZE OF A SMALL HOTEL WITH THE FRONT YARD POOL ON A PROPERTY THAT JUST DOESN'T SUPPORT IT. AND I THINK THIS IS IN VIOLATION OF SEVERAL SECTIONS OF YOUR CODE. I WROTE DOWN SECTION 1.02 EXCUSE ME ÃÃ1.02 AND.03.

1.02.04 AND 1.03.02, WHICH TALKS ABOUT PUBLIC SAFETY, COMPANY, AND WELFARE.

IN TERMS OF NATURAL RESOURCES Ã ÃI DON'T KNOW IF YOU'RE AWARE OF IT, BUT THERE'S A LOT OF SEA TURTLES THAT NEST IN THE AREA AND I'M NOT SURE HOW THAT WOULD BENEFIT THE POPULATION OF SEA TURTLES BY CREATING A SOLID PIECE OF CONSTRUCTION WITH ABSOLUTELY NO SAND BARRIERS ON EITHER SIDE OF THE PROPERTY. LIKEWISE, IN TERMS OF PUBLIC SAFETY ÃÃI KNOW THAT THE PREVIOUS SPEAKERS MENTIONED THAT THE EXPECT A THREE OR FOUR POINT EXIT OUT OF THE SHORT DRIVEWAY ON THIS PROPERTY. I DON'T KNOW IF THE BOARD IS AWARE OF IT, BUT THAT'S AN EXTREMELY CONGESTED SECTION OF THE BEACH. TRAFFIC FLIES BY THEIR 50 MILES AN HOUR. THERE IS A PUBLIC PARK NEXT DOOR AND THE OVERFLOW FROM THAT PARK AS BOB MENTIONED PARKED ON THE STREET THERE AND PARTS DOWN THE ROAD WHERE I LIVE ÃÃ EXCUSE ME, 23RD STREET. SO HAVING SOMEBODY ON A DAILY BASIS SEVERAL TIMES A DAY TRYING TO DO MULTIPLE POINT TURNS SLOWING DOWN 50 MILE AN HOUR TRAFFIC AND ADDING TO THE ALREADY INTENSE PARKING CONGESTION ON THAT ROAD WOULD CERTAINLY NOT BE IN THE BENEFIT OF PUBLIC SAFETY. THAT'S ALL I HAVE AND THANK YOU FOR TAKING THE TIME TO LISTEN.

>> THANK YOU. [INDISCERNIBLE]

>> I LIVE ON 771 COASTAL HIGHWAY ÃÃ [INDISCERNIBLE]

[02:15:23]

BEFORE I START MY PREPLANNED ISSUE, I JUST WANT TO ADDRESS SOME OF THE PROBLEMS COMING UP.

KAY. [INDISCERNIBLE] I WILL TRY TO KEEP MY VOICE DOWN A LITTLE BIT. THIS WHOLE LOT WAS ERODED PRE-MATTHEW. IT WAS ERODED ÃÃIT'S ERODED BY NOR'EASTER'S AND I DON'T KNOW IF MANY OF YOU ARE FAMILIAR WITH I BELIEVE IT'S CALLED THE SOUTH PONTE VEDRA MILANO BEACH AND PRESERVATION. A NONPROFIT AND I THINK MY DUE DILIGENCE AND I HAVE BEEN FOR QUITE A WHILE BEFORE CONSIDER PURCHASING THIS HOUSE. PBUT I THOUGHT THE CODE WAS STRONG AND THAT CODE WAS STRONG AND THAT I WOULD BE PROTECTED FROM LOSING ACCESS TO THE BEACH. AND TO HAVE THE SETBACKS THAT WERE EXPECTED.HE 23RD STREET AT COASTAL IS THE MAIN SOUTHERN ENTRANCE AS WAS JUST MENTIONED. NORTH BEACH IS DOWN THIS WAY.

AND THE THERE IS THE PROPERTY SUBJECT LOT RIGHT THERE. I LIVE RIGHT HERE AND THIS WHOLE AREA IS VERY DANGEROUS. WE DO HAVE TO WALK OVER HERE. I ALSO WANT TO MENTION BEFORE I GO ON THAT THE PRE-1999 ENCROACHMENTS WERE COMMON IN WHICH I BELIEVE IT WAS BEFORE MY TIME IN THIS PARTICULAR AREA OF FLORIDA, BUT THOSE WERE MOST LIKELY AN INCENTIVE AND AN ENCOURAGEMENT AND SO FORTH TO CHANGE THE CODE AND TO MAKE THESE SETBACKS TO GET THE EXTRA SPACE THAT WAS NEEDED. AND IT WAS MENTIONED TO AS FAR AS THE DISTANCE BACK AND THE SETBACK. I REMEMBER READING SOMETHING ABOUT 50 FEET ÃTOO. BUT I'M NOT UP ON ALL OF THE CODE. YOU CAN SEE HERE ON THIS AREA HERE ÃÃTHIS WAS ON THERE IS YELLOW AD FOR 2023. AND THIS PICTURE WAS TAKEN BACK BEFORE THAT.

WHEN IT WAS FILLED AND FROM THE RE-NOURISHMENT AND I BELIEVE IT WAS 2020.

NOW WHEN I SEE A LOT OF AND I CRINGE A LOT IS THAT WE HAVE A LOT OF NEW HOUSES AND SHORT-TERM RENTALS AND TRAFFIC AND PEDESTRIANS HAVE INCREASED TREMENDOUSLY IN THIS AREA.

PEOPLE ARE UNFAMILIAR AND ARE UNAWARE OF THE DANGERS OF THIS INTERSECTION WITH THE 50 MILES PER HOUR AND IT'S OFTEN UNSAFE. AND I DO TAKE PICTURES AND I WILL SAY THAT THEY ARE GOING ACROSS MY TIME IS UP ALREADY? > IT IS. CAN YOU JUST WRAP IT UP?

TWO SECONDS. >> PARDON ME. >> YOU WANT TO WRAP UP ONE

SENTENCE? >> LET ME RUN TO THE PICTURES VERY QUICKLY.

WE'VE GOT PEDESTRIANS ON THE ROAD COMING AND GOING FROM NORTH BEACH PARK.

WE HAVE AS BEEN MENTIONED, PARKING, AND THEN PEOPLE STEPPED OUT INTO THE MIDDLE-OF-THE-ROAD AND SCIENCE DON'T STOP THAT FROM HAPPENING. I SEE THAT WE HAVE TRUCKS BLOCKING AND PEOPLE ARE COMING HERE LEFT TURN INTO THE MAIN ENTRANCE OF THE NEIGHBORHOOD AND THEY CANNOT ALWAYS MAKE THAT TURN. PEOPLE JUST STAND OUT THERE AS IF IT'S JUST ANOTHER PARKING LOT. WE'VE HAD TOO MANY REAR END COLLISIONS OCCUR AND THIS IS RIGHT IN FRONT OF A LOT HERE. A LOT OF THE REAR END COLLISIONS AND UP OVER HERE. AND TROUBLE SOMETIMES GETTING THROUGH THERE FOR THE FIRE DEPARTMENT AND EXCUSE ME ÃÃ AND FOR THE POLICE TO GET THROUGH.

WE'VE GOT LOTS OF PEDESTRIAN TRAFFIC PEOPLE LOAD AND UNLOAD HERE ON BOTH SIDES OF THE STREET. EVEN WHEN THERE IS NO PARKING SIGNS PUTTING NO PARKING SIGNS THAT MAY OR MAY NOT WORK. AND THEN OF COURSE, THERE IS THE RUN OFF 10 FEET CLOSER THAT'S GONNA PUT MORE OF THIS AREA OF NORTH BEACH THAT IS UNDER STRESS WITH FLOODING.

THERE IS STILL WATER FROM OCTOBER 12. AND I MADE UP THIS CHART THAT SHOWS I THINK EVERYBODY ALONG HERE SAYS IT'S FRONT FOOTAGE OF 100.

BUT THIS LOT MEASURES AT 93.58 AND THEY ARE PROPOSING A HOUSE THAT IS MUCH LARGER AND THEY'VE GOT THE ZONING REQUEST. THE NEIGHBORHOOD BUILT WALKWAY ÃÃSOME OF THE PREVIOUS PEOPLE WHO LIVED HERE LONG TIME AGO TOLD ME ABOUT THAT. THEY GOT TOGETHER AND PUT THE

WALKWAY. >> RIGHT. THANKS VERY MUCH.

[02:20:01]

>> IF YOU TAKE A LOOK AT THIS CHART ÃÃTHIS EATS THE BIGGEST HOUSE ON THIS MOST SLOT.

THANK YOU VERY MUCH FOR YOUR TIME. >> THANK YOU.

GO AHEAD SIR.F YOU'D LIKE TO,.TATE NAME FOR THE RECORD.

>> YES, STEVE PIOTROWSKI. WE OWNED THE LOT WITH THE HOUSE TO THE NORTH OF THE PROPOSED BUILDING. 3793 HIGHWAY 32008. JUST WANT TO SAY THAT I THINK WE ARE ALL IN AGREEMENT THAT WE ARE NOT OPPOSED TO BUILDING A HOUSE.

IT'S CAN INCREASE THE VALUE OF THE NEIGHBORHOOD AND IMPROVE TAXES AND THINGS LIKE IKE THAT.

MY NICE NEIGHBOR OVER HERE CAME OVER AND TALK TO ME ABOUT A WEEK OR SO AGO AND I DID SIGN ON THE BULKHEAD BECAUSE IT DOES CONNECT TO OURS AND JUST A QUICK THING ON ON THAT.

IT MAKES A HUGE DIFFERENCE FOR THE EROSION CONTROL ÃÃTHE PREVIOUS OWNERS, WHEN WE BOUGHT THIS HOUSE FROM THEM, THEY HAD ACTUALLY CONNECT THROUGH THE OTHER PRIVATE WALKWAY ON THE NORTH SIDE TO THE HOUSE TO THE NORTH. SO WHAT THEY ARE PROPOSING TO DO IS INCREASE THE SAFETY OF THAT DUNE AND EVERYTHING ELSE. AND THE OTHER THING THAT THEY'RE DOING RIGHT NOW IS THAT THEY'RE DOING I THINK THE EPA OR THE ARMY CORPS OF ENGINEERS ARE DOING A REFURBISHMENT RIGHT NOW. SO THE PEOPLE THAT BOUGHT THE LOT, THEY'RE GONNA GET THAT SAND BAC ONCE THE BULKHEAD IS PUT BACK HERE.

I'M ASSUMING BECAUSE THEY'RE DOING IT TO OURS. BECAUSE THEY DIDN'T ERODE AWAY IT WAS DUE TO A FEW OF THE HURRICANES THAT CAME BY IN THE LAST COUPLE OF YEARS.

BUT A LOT OF IT WAS THE NOR'EASTER'S THAT CAME THROUGH AND DID WASH IT AWAY JUST LIKE I BELIEVE HE WAS SAYING. THAT YOU NOT ÃÃIT'S AN AREA THAT THERE'S A LOT MORE EROSION THAN OTHER PARTS OF THE BEACH. MY BIGGEST CONCERN IS THAT WITH THEM IS REALLY THE SETBACK.

EALLY THE SIZE OF THE HOUSE AND THEY COME TO AN AGREEMENT JUST TO REDUCE THE SIZE A LITTLE BIT SO THEY CAN STILL BUILD IT.HE POOL UNDERSTAND THEIR CONCERN FOR THAT.

AND MAYBE A LOT THEM TO HAVE A ÃÃONE OF THE NEIGHBORS WAS SAYING DIDN'T WANT THE KIDS OR PEOPLE TO BE ABLE TO CLIMB UP THE FENCE IN THE POOL. SO MAYBE THAT'S A HAPPY MEDIUM.

ANOTHER THING FOR MYSELF MY WIFE'S SELF IS THAT OUR HOUSE IS REALLY 20 FEET DEEP BY 32 FEET WIDE. THERE'S IS BIGGER, WHICH I REALLY DON'T HAVE TOO BIG OF A PROBLEM WITH IT, BUT IT'S REALLY WITH THE HOUSE OR THE DEATH OF THE HOUSE AND THE BEACH. THERE HOUSE LOOKING AT OURS IS .35 FURTHER THAN OURS.

RIGHT NOW WE THE BEAUTIFUL VIEW SITTING THROUGH THE LIVING ROOM LOOKING OUT.

I GET ALL THE VIEWS IN THE WORLD.UT ONE HOUSE COMES ÃÃ I BELIEVE WE LOSE THAT VIEW.

BUT IT'S GOING TO GO FIVE FEET FURTHER OUT. SO IT DOES AFFECT OUR PERSONAL SPACE AND WE ARE ON OUR DECK. T'S CAN ENCROACH ON THAT SPACE COMING OUT AS WE WERE FIVE FOOT WIDE DECK RIGHT WHERE THE VIEW IS THERE. SO I JUST WANT TO SAY I APPRECIATE THE TIME AND HOPEFULLY THE BUILDERS ÃÃIT'S A BEAUTIFUL HOUSE.

THEY CAN JUST COME TO A YOU NOT ÃÃA LITTLE COMPROMISE BECAUSE IT WILL HELP THE COMMUNITY.

BUT I KNOW DURING THE CONSTRUCTION AND ALL THAT KIND OF STUFF, THERE IS DANGERS ON THE ROADS AND HIGHWAYS AND THERE'S A HOUSE BEING BUILT RIGHT DOWN THE STREET A COUPLE BLOCKS DOWN AND IT'S WITHIN THE PARAMETERS OF THE SIDE OF THE PROPERTY.

SO THAT'S REALLY IT. THANK YOU. >> THANK YOU.

>> THANK YOU FOR YOUR TIME. >> IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK? OKAY. YES SIR? COME ON UP.

>> GOOD AFTERNOON. I AM CAN TRAILER FOR THREE OR 2/22 STREET.

SOME KIND OF A LITTLE BIT PARALLEL TO IT. I THINK THE THING THAT I WOULD LIKE TO ADDRESS THE MOST, WHICH ALSO ÃÃTHAT'S THE SAFETY. REALLY TO GO BACK AND LOOK AT SOME THESE VIDEOS THAT SHE PROVIDED. I'VE BEEN LIVING THERE SINCE 97 AND I'VE SEEN THIS JUST GET WORSE AND WORSE AS THE YEARS GO BY.ND I THINK WE ALL KNOW THAT THE NORTHEAST AREA HAS JUST INUNDATED WITH A LOT OF REAL RENTAL PROPERTIES AND NOW THE CONGESTION OF PEOPLE CROSSING LETTER A1 A AND IT'S GETTING OUT OF CONTROL AND THE BIKE PATH ITSELF IS GREAT. BUT I SEE LITERALLY BIKERS BROADSIDE CARS COMING IN THE DRIVEWAYS OF THE PROPERTY ONTO THE EAST. SO MY MAIN CONCERN IS I REALLY HAVE NO DOG IN THIS FIGHT AS FAR AS ÃÃTHEY BUILT BEAUTIFUL HOMES.

BUT I AM CONCERNED ABOUT THEIR SAFETY BECAUSE 23RD STREET IS THE FIRST ACCESS STREET INTO THE NORTH BEACH COMMUNITY. SO WE GET A LOT OF TRAFFIC THERE AND YOU SAW THE PICTURES OF THE PEOPLE TRYING TO CROSS THEIR AND OUTLET TO MENTION ALSO THAT 97 A GROUP OF US NEIGHBORS ÃÃMOST OF WHICH ARE PROBABLY NOT EVEN THERE ANYMORE.

[02:25:04]

WE ACTUALLY FUNDED THE CROSS OVER. SO MY INITIAL CONCERN COMING HERE WAS THAT I WAS JUST TRYING TO GET INFORMATION IF THAT CROSSOVER IS STILL GOING TO BE LEFT THERE ÃÃWAS GOING TO BE MOVED ÃÃI'M PRETTY SURE IT STAYS THE WAY IT IS, WHICH IS FINE. BUT LIVING ON 23RD STREET ÃÃ WHICH IS A DEAD END ÃTHIS RIVER CROSSOVER ALSO. SO YOU'VE GOT TWO CROSSOVERS PLUS YOU HAVE THE PUBLIC PARKING AREA JUST DOWN THE WAY ÃÃWHICH HAS THE CROSSOVER DOWN THE STREET, WHICH IS GREAT. JUST THE CONGESTION ALONE IS SOMETHING THAT WE REALLY NEED TO TAKE INTO CONSIDERATION.F WE ARE MOVING THE PROPERTY CLOSER TO THE HIGHWAY ÃÃIT'S JUST GOING TO MAKE IT EVEN WORSE AND WORSE. SO I JUST REALLY WANT PEOPLE TO REALLY CLEARLY UNDERSTAND AND REALLY TAKE INTO CONSIDERATION THAT ANY YOU NOT ÃÃ ADJUSTMENTS TO MOVING THE HOUSE CLOSER TO THE HIGHWAY AND THE POOL.

I WAS A LITTLE BIT CONCERNED ABOUT THE POOL. WE'VE GOT THE EROSION AS IT IS.

WE'VE GOT WATER ENCROACHING HIGHWAY FROM THAT PROPERTY YOU KNOW? NOT FREQUENTLY, BUT IT IS HAPPENING. BUT AGAIN ÃÃI JUST WANTED TO POINT OUT THAT I THINK WE REALLY NEED TO BE CONCERNED ABOUT PUBLIC SAFETY HERE.

ECAUSE YOU KNOW ÃÃWE ARE JUST GETTING MORE AND MORE INUNDATED WITH PEOPLE COMING IN AND I'M JUST REALLY AFRAID THAT BECAUSE OF 23RD AND HOUSE SITTING CLEARLY RIGHT AT 23RD STREET ÃÃAND PEOPLE ENTERING THAT PROPERTY TRYING TO EXIT THE NEIGHBORHOOD THIS IS CAN

GET WORSE AND WORSE. THANK YOU. >> THANK YOU SIR.

IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK? SAME NONE ÃÃMISS ELINOR

SMITH? >> OKAY, WE CAN HAVE THE POWERPOINT BACKUP ÃÃI'M GONNA TALK ABOUT LEGAL STUFF AND THEN CORA CAN TALK ABOUT CONSTRUCTION STUFF.UST BY WAY OF ON WILL GO ALL THE WAY BACK TO THE BEGINNING BECAUSE I NEED TO BE CLEAR.

THIS IS A LEGALLY PLATTED BUILDABLE LOT. AS A RESIDENTIAL SEE USE OUR HISTORIES ONLY FROM A LEGAL PERSPECTIVE THESE PEOPLE HAVE A RIGHT TO CONSTRUCT A HOME ON THIS BLOCK. I UNDERSTAND THAT PEOPLE ARE CONCERNED BECAUSE THEY HAVE A VIEW OVER THE LOT NOW BECAUSE THEY DON'T HAVE A HOUSE RIGHT NOW, BUT UNDER FLORIDA LAW THERE'S NO SUCH THING AS A [INDISCERNIBLE] SO I RESPECT AND NOBODY'S TALKING ABOUT TAKING AWAY THE VIEW OVER THE PUBLIC RIGHT-OF-WAY OVER THE 23RD STREET ÃÃTHIS GENTLEMAN IS PAYING TO ENHANCE OR BY BUILDING THE SEAWALL OVER THERE.WITH RESPECT TO A ZONING VARIANCE ÃÃAGAIN ÃÃ THE CRITERIA TO HAVE NOTHING TO DO WITH TRAFFIC ACCIDENTS AND WITH DRAINAGE. WHETHER OR NOT IT'S AN AIR B&B OR NOT. NONE OF THAT IS RELEVANT TO WHAT WE ARE DOING TODAY.

ALL WE ARE TALKING ABOUT LITERALLY IS THE FRONT YARD SETBACK ÃÃA SECOND FRONT YARD SETBACK, ZONING VARIANCE. THAT'S IT. THE CODE DEALS WITH DRAINAGE AND SO ÃÃIT WILL HAVE TO COMPLY WITH ANY REGULATIONS RELATED TO DRAINAGE.

AND AGAIN ÃÃTHERE IS NO SUCH THING AS A VIEW EASEMENT. EITHER ACROSS OUR PROPERTY OR DIAGONALLY ACROSS THE PROPERTY IF YOU WILL. I DO APPRECIATE THE FACT THAT AND I'M SORRY I'M GONNA SAY HER NAME INCORRECTLY MR. TROTSKY. HE APPRECIATES THE CONNECTION OF THE SEAWALL TO PROTECT HIS PROPERTY AS WELL AND THE COUNTY'S PROPERTY.

SO WITH THAT ÃÃI WILL LET CORA TALK ABOUT THE CONSTRUCTION RELATED ISSUE.

>> TO HELP WITH THE PUBLIC COMMENTS ÃÃTHIS HOUSE IS 3638 SQUARE FEET.

BY NO MEANS IS THAT THE BIGGEST HOUSE IN THE NEIGHBORHOOD. IT'S PROBABLY TODAY'S STANDARDS ÃÃAN AVERAGE SIZE. AND IT'S 4991 SQUARE FEET. TOTAL ON THE ROOF.

CERTAINLY BY THAT STANDARD ÃÃ IT'S DEFINITELY NOT THE LARGEST BECAUSE UNDER ROOF SQUARE FOOTAGE HAS A HUGE IMPACT, BUT FOR THAT SIZE ÃÃIT'S MOSTLY INSIDE SQUARE FOOTAGE.

WITH THAT ÃÃTHE LOT IS 99 FEET WIDE. THE HOUSE IS 72 FEET WIDE.

[02:30:02]

BUT AT 22 FEET DEEP, THAT'S WHAT YOU GET FOR THAT SIZE OF HOUSE.

THIS HOUSE IS INTENDED TO BE A SECOND HOME FOR A FAMILY. SOME OF HIS FAMILY MEMBERS HAVE OCEAN RUN HOUSES IN THE NORTHEAST. THIS IS HIS HERE AND HE IS CONNECTIVITY TO OUR AREA. SO IT'S REALLY A HOUSE REALLY MEANT FOR HIM AND HIS FAMILY.

OTH THE MEDIA AND EXTENDED. RIGHT? >> THINKS THE LAST COMMENT ÃÃ A LADY MENTIONED LOSING ACCESS TO THE BEACH ACTUALLY. THIS WILL GIVE ACCESS TO THE BEACH BY ACTUALLY RETAINING PUBLIC BEACH ON THE PUBLIC RIGHT-OF-WAY.

AND REPLACING THE STAIRCASE OF THE SEAWALL THERE. >> AND ALSO THE OTHER POINT ABOUT THE DROP OFF ZONE. REALLY THAT'S WHAT WE SAW IN THE PICTURES THERE IS THE DROP OFF ZONE. BECAUSE WAS A VACANT LOT THERE AND AS WE ALL KNOW ÃÃVACANT LOTS GET ABUSED. IF YOU GO FORWARD FOR LOTS AWAY ÃÃTHAT'S WHERE THE OTHER HOUSES UNDER CONSTRUCTION AND I DOUBT THAT THERE'S A LOT OF OTHER PEOPLE PARKING IN FRONT OF THAT HOUSE THAT'S UNDER CONSTRUCTION. SO THIS ACTUALLY MAY EASE UP THAT TRAFFIC AND PEOPLE PARKING IN FRONT OF IT IF THERE IS A HOUSE THERE.

SO YOU MIGHT NOT HAVE QUITE AS MUCH. BECAUSE I DON'T SEE QUITE THIS AMOUNT OF PARKING ANYWHERE ELSE GENERALLY. MOST PEOPLE PARK ON THE WEST

SIDE OF N A 20 PARK ON THE EAST SIDE. >> YOU HAVE A QUESTION?

>> I DO. ELLEN ÃÃYOU STATED THAT THIS IS A LEGALLY BUILDABLE LOT.

NO ONE IS DISPUTING THAT. NOBODY'S DISPUTING THAT IT'S LEGALLY BUILDABLE THE OWNER HAS A RIGHT TO BUILD A HOUSE THERE. I THINK WHAT WE ARE DISCUSSING IS YOUR ASKING FOR TWO SETBACK HEARINGS THIS YEAR. THAT'S WHAT WE ARE DISCUSSING. THAT YOU DON'T HAVE AND ARE LEGALLY NOT JUST GRANTED OUT OF THIN AIR. SO æ

>> UNDERSTAND THAT. MY POINT IS THAT MEMBERS OF THE PUBLIC PRODUCT ÃÃTHAT ARE NOT RELEVANT TO THE ANALYSIS OF NOT ZONING VARIANCES. SO I WAS JUST COMING TO THE CONCLUSION THAT SOME OF THOSE THINGS ARE NOT RELEVANT BECAUSE THIS IS A LEGALLY BUILDABLE

LOT. THAT'S ALL MY POINT WAS. >> GOOD POINT.

WELL TAKEN.NDERSTOOD. I STILL DON'T THINK THAT YOU HAVE THREE FRONT YARDS.

GIVEN THAT ONE IS LONG GONE AND WASHED INTO THE OCEAN. COUNTY STAFF SAID THERE WAS A ROAD THERE AT ONE TIME. MY WIFE WAS BORN HERE. I DON'T THINK SHE REMEMBERS THAT. IT BEING LIKE THAT. SO WHEN WAS THE ROAD THERE?

>> I DID SAY THERE WAS A ROAD. IT'S A PLATTED RIGHT-OF-WAY. >> A PLATTED ÃÃOKAY, THIS MAY BE DIFFERENT THAN A ROAD. SO LET ME ASK ABOUT THE 50 FOOT ASPECT AGAIN ÃÃBECAUSE I DID LOOK THAT UP. AND THIS IS OUT OF THE COASTAL CONSTRUCTION CONTROL SETBACK.

SECTION ÃÃ161 IN FLORIDA STATUTES AND AND NOT YOU ARE FAMILIAR WITH IT.

THIS IS A LINE OF JURISDICTION ESTABLISHED PURSUANT TO PROVISIONS OF SECTION 261.052 FLORIDA STATUTES ÃÃWHICH CONSTRUCTION IS PROHIBITED AND WE'VE GOT 50 FEET AT THE LINE OF MIHAI WATER AND AREA OF COASTAL LOCATION INVOLVING MEXICO INVOLVING THE ATLANTIC COAST SHORELINE. SO CAN YOU ADDRESS THAT AND DID YOU ALL ESTABLISH THE MAIN HIGH WATER LINE? AND IS THIS WITHIN 50 FEET OF THAT?

>> DOCTOR HILLS AND BACK ÃÃI MYSELF, DO NOT HAVE THE DETAILS ON THIS PARTICULAR WATER LINE TO TO YOUR QUESTION. BUT MISS JOHNSTON HAS TOLD YOU WHAT SHE CAN TELL YOU AGAIN THAT THEY ARE WORKING WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, WHICH HAS REGULATORY JURISDICTION OVER THAT SECTION OF THE STEP CHANGE.

SO IF DEP ALLOWS THE SEAWALL TO BE CONSTRUCED AND AGREES THAT THIS IS AN APPROPRIATE LOCATION ÃTHEN I BELIEVE SHE'S FINE WITH THAT

LAW. >> BUT THEY ARE NOT INVOLVED WITH THE VARIANCES.

>> BUT THE VARIANCE WOULD NOT HAVE AN IMPACT ON THE 50 FEET. THAT 50 FEET I BELIEVE IS FROM THE REAR. THE EAST SIDE OF THE PROPERTY. WHERE THAT TAKES EFFECT I BELIEVE. NOT 100 PERCENT POSITIVE, BECAUSE I'VE NOT BEEN ASKED THIS QUESTION IN A LONG TIME. I BELIEVE THAT MY PLAT MAP DOES HAVE THE HIGH WATERMARK ON IT.

BUT IT'S SO TIGHT THAT I CANNOT SEE IT. >> I CANNOT READ IT EITHER.

>> SO I DON'T HAVE THE ANSWER FOR YOU TODAY. BUT IF THAT CREATED AN ISSUE Ã ÃTHEN NO HOME WOULD BE BUILT ALONG THE COAST IN THE AREA. BECAUSE THEY ALL FALL RIGHT IN

[02:35:01]

LINE. >> AS LONG AS THE LAW WAS CONSISTENTLY FOLLOWED, I WOULD

PROBABLY AGREE WITH YOU. >> EVEN ONE FOR THE FOUR LOTS ARE THREE LOTS AWAY WOULD NOT BE UNDER CONSTRUCTION TODAY. > I WOULD PROBABLY AGREE WITH YOU.

SO THE WATER LINE HAS NOT BEEN ESTABLISHED AT LEAST Y'ALL DIDN'T DO IT.

>> I THINK IT PROBABLY IS THERE, BUT I JUST DON'T REMEMBER WHAT IT IS.

>> I WISH I AGREED TO THAT. >> SO DOLLAR BILLS AND BACK ÃÃ I WOULD SAY THE KNEE-HIGH WATER LINE AND A PORTION OF THE FLORIDA STATUTES THAT YOU'RE TALKING ABOUT IS NOT RELEVANT TO THE TWO ZONING VARIANCES THAT WE ARE TALKING ABOUT BEFORE THIS BOARD.

I MEAN LITERALLY WE HAVE TALKED ABOUT THE FRONT YARD SETBACK BEING REDUCED.

THE TRUE FRONT YARD SETBACK THE MAIN ONE. REDUCED BY 10 FEET AND THEN WE'RE TALKING ABOUT THE SECOND SIDE YARD SETBACK BEING REDUCED TO SWIMMING POOL.

SO THOSE ARE THE TWO THINGS THAT ARE ON THE FLOOR. >> THE REASON I'M BRINGING THIS UP PRIMARILY IS BECAUSE THIS ROAD ON THE EAST SIDE OF THE PROPERTY.

>> NOTE ÃÃTHERE IS A LEGAL DIFFERENCE BETWEEN A ROAD AND A RIGHT-OF-WAY.

THERE ARE RIGHTS-OF-WAY THAT ARE RUNNING THROUGH SWAMPS IN THE STATE OF FLORIDA.

THERE ARE RIGHTS-OF-WAY THAT RUN THROUGH ONTO THE BEACH. I MEAN ÃÃYOU ACTUALLY, THE POINT WHERE THERE IS A GREEN STAIRCASE THAT GOES DOWN, THAT'S A RIGHT-OF-WAY THAT

LITERALLY GOES DOWN INTO THE BEACH. >> RIGHT.

>> SO DOESN'T NECESSARILY MEAN THAT THERE'S A ROAD THERE. IT DOESN'T NECESSARILY MEAN THAT THERE'S NOT A EVER BEEN A ROAD THERE. AND SO AS MS. FRAZIER TOLD YOU ÃÃWHETHER THERE'S EVER BEEN A ROAD THERE OR NOT IS IRRELEVANT BUT THAT'S WITH THE COUNTY USES TO DETERMINE HOW MANY YARDS AND WHAT TYPES OF YARDS WE HAVE TO SEE ZONING VARIANCES.

>> FOR THE COUNTY, THAT'S 1/3 FRONT YARD. THE TERM QUESTIONING.

>> WE ARE NOT THE ONES WHO DESIGNATED THAT. GIVEN EXPERT STAFF.

MISS JOHNSTON AND HER TEAM HAVE BEEN WORKING WITH THIS STAFF FOR COUPLE OF MONTHS TO WORK THROUGH THE ISSUES THAT WE WERE TALKING ABOUT TODAY. AND THEY HAVE DONE WHAT THEY WERE INSTRUCTED TO DO WITH COMMENTS FROM THE STAFF. SO HERE WE ARE.

>> YOU ALL BELIEVE THERE'S 1/3 FRONT YARD ON THE EAST SIDE OF THE PROPERTY?

>> I WOULD TELL YOU THAT I WAS TOLD THAT WHEN I SAT IN THE COUNTY OFFICES.> AND THE COUNTY WILL VERIFY THAT THERE IS 1/3 POINT YARD? AND IS IT OUT ON THE BEACH?

IS IT ON THIS PROPERTY? >> IT WOULD BE OUT ON THE BEACH SOMEWHERE.

>> OKAY. >> BUT A YARD IS A SETBACK. IT'S JUST A MEASUREMENT FROM THE PROPERTY LINE. IT'S NOT AN ACTUAL LIKE ÃÃ THOSE TERMS ARE USED INTERCHANGEABLY. SO REALLY ÃÃWE WERE TALKING ABOUT THREE FRONT YARDS FROM

THE IMPENDING PROPERTY LINES WHICH PREVENTS SETBACKS. >> I THINK I UNDERSTAND.

OKAY. [LAUGHTER] GOOD. [LAUGHTER]

>> LET ME ASK YOU THIS. ON YOUR SCHEMATICS AND YOUR ELEVATIONS PROPERTY ÃÃI DON'T SEE ANY BEACH DUNE ÃÃCONSUMED THERE. LOOKING AT THE AERIAL PHOTOS AND THE PHOTOS ON THE END GOAL AND ZILLAH AND OTHER THINGS THAT WERE SHOWN ÃÃTHERE'S A BEACH DUNE RIGHT THERE. THAT'S ONE OF THE SIX. ACTUAL COMMUNITIES WITHIN ST.

JOHN'S COUNTY IS DESIGNATED. SO WHERE'S YOUR 10 PERCENT CONSERVATION THERE?T LOOKS LIKE THAT'S COMPLETELY OBLITERATED. THE CURRENT AND ONLY REMAINING

ONE I WOULD CALL AN ACTUAL BEACH DUNE IS GONE. >> DOCTOR HILLS AND BACK, I'M GONNA GO BACK TO THE LAND DEVELOPMENT CODE. THE ZONING VARIANCES WE ARE SEEKING ARE FRONT, SECOND, AND MAIN FRONT SETBACKS. EVERYTHING ELSE DRAINAGE AND SIGNIFICANT NATURAL COMMUNITIES AND HABITAT ÃÃYOU NAME IT. IT HAS TO COMPLY WITH THE CODE.

AND SO ÃÃI THINK THAT WITH DUE RESPECT TO THE PEOPLE THAT ARE BEHIND US ON THE AGENDA ÃÃ WE CAN TALK ABOUT WHATEVER WE TALK ABOUT. BUT I WOULD LIKE TO GET TO THE

POINTS THAT ARE RELEVANT TO THE ZONING VARIANCE APPLICATION. >> THOSE ARE THINGS THAT WILL Ã

ÃI APOLOGIZE. >> I THOUGHT THAT WAS RELEVANT. >> THOSE ARE THE ITEMS THAT WE

WILL BE WORKING WITH DEP WHEN WE APPROACHED THE HOUSE. >> BUT IN MY OPINION I'M JUST GONNA STATE THIS NOW. I THINK TRYING TO PUT TOO MUCH ON THIS LOT.

AND ONE OF YOUR SETBACK VARIANCES IS NOT WARRANTED. I HAVE VOTED FOR OTHERS.

THE OTHER 15 FOOT FROM A 1A, BUT THE OTHER ONE OUTSIDE OF THE PROPERTY WOULD BE THE POOL OR FOR THE POOL AND ONLY FOR THE POOL. I CANNOT SUPPORT THAT PARTICULAR ONE. IF YOU ARE JUST ASKING FOR A 15 FOOT SETBACK FROM THE ROAD AS I SAID ÃÃI FOUND THE RECORD VOTING FOR THIS BEFORE AND I WOULD BE DULY BOUND TO BUT FOR

[02:40:02]

THIS ONE AS WELL. BUT NOT ON THE SECOND ONE. SO THANK YOU.

>> THANK YOU. >> YOU HAVE A QUESTION? >> THESE ARE TWO SEPARATE

VARIANCES WHERE WE HAD TWO SEPARATE MOTIONS. >> IT'S ALL CONTINGENT TO ONE.

>> THAT'S CORRECT. >> IF YOU DISAGREE WITH ONE AND AGREE WITH THE OTHER.

>> WE ARE BACK INTO THE ÃÃ MOTION. MR. MATT AMINAH?

>> A MOTION TO EXHUME Ã18 ÃÃ RESIDENTS

[8. ZVAR 2023-20 Smith Driveway Gatehouse.]

>> MY GOING FIRST? I JUST HAD A GREAT CONVERSATION HE BE HERE AND HERE HE IS.

>> I CALLED JAMES WHITE HOUSE YESTERDAY TO SPEAK WITH HIM AND HE CALLED ME AND I THOUGHT HE WAS ILL OR SOMETHING. A COUPLE QUESTIONS ABOUT THE PROPOSAL.HANKS.

>> ANYBODY ELSE? >> I SPOKE TO MR. WHITE HOUSE THIS MORNING ON THE PHONE TO

PRESS MY VIEWS ON THE VARIANCES. >> GO AHEAD.

>> YES-MAN. GOOD AFTERNOON CHAIRWOMAN. EIGHT CEMENT MURDERS, JAMES WHITE HOUSE, 104 CEDAR GROVE MAIN STREET HERE IN ST. JOHN'S COUNTY FLORIDA.

I AM RECOGNIZED AS CITY COUNCIL LOCAL GOVERNMENT LAW. AS YOUR AGENDA AND STAFF REPORT TELLS YOU, I'M HERE ON BEHALF OF MS. ANDY SMITH, WHO IS A HIGHLY REGARDED LAWYER IN THIS AREA OF OUR COMMUNITY IN ST. JOHN'S. WHAT PART OF ST. JOHN'S COUNTY.

THE LOCATION OF THIS PROPERTY IS IT 51 ROAD AS YOU SEE FROM YOUR STAFF REPORT.

IT IS OFF OF ROSCOE. JUST NORTH OF FOR THE PALM VALLEY BRIDGE IS IN THE PALM VALLEY OUTDOOR. BAR AND GRILL. AND IT'S OFF OF ROAD, WHICH IS SORT OF TALK BACK HERE ON ROSCOE. ÃÃTHE STAFF REPORT SHOWS HOW ROAD IS COMING OFF OF ROSCOE. THIS IS ACTUALLY A DOUBLE LOT AS NOTED IN THE STAFF REPORT.

THIS IS WITHIN THE RESIDENTIAL LETTER A LAND USE A FUTURE LAND USE CATEGORY AND IT'S WITHIN THE RS THREE ZONING. YOU COULD SEE THIS IS THE AREA AS WELL AND YOU CAN SEE HOW THIS AREA OF ROAD IS KIND OF TOUGH BACK HERE OFF OF ROSCOE AND SECLUDED AND THIS IS THE LOT THAT WE ARE TALKING ABOUT ON 51 ROAD. THIS WAS BEFORE THIS AGENCY ABOUT TWO YEARS AGO. I THINK IN SEPTEMBER OF 2021. AND ABOUT AFTER THE TIME YEAR PERIOD PAST THE LAND OWNER WAS UNABLE TO HAVE THESE FENCE AND GATE HOUSES THAT WERE APPROVED BY THE AGENCY PREVIOUSLY CONSTRUCTED THE TIME PERIOD RAN OUT SO SHE HAD TO REAPPLY FOR AND THAT'S WHEN SHE CALLED ME AND I GOT INVOLVED TO HELP. AS I SAID ÃÃTHIS IS A PREVIOUSLY APPROVED VARIANCE WERE ALLOWED TO THE ZERO FOOT FRONT SETBACK FOR THE FENCE AND GATE HOUSE AND IT'S ALSO A SEPARATE VARIANCE TO ALLOW THE SIX FOOT FENCE INSTEAD OF THE FOUR FOOT FENCE. AS YOU SEE FROM YOUR STAFF REPORT ÃÃSTAFF REVIEW IN THE AREA FOUND THAT THERE ARE NUMEROUS SIX FOOT FENCING BEING UTILIZED ALONG THIS SECTION OF ROAD ON THE FRONT PROPERTY LINE WITH GATES TYPICALLY BEING PRESENT.

THE PROPERTY ADJACENT TO THE SOUTH APPEARS TO HAVE A SIX FOOT FENCE ALONG THE FRONT PROPERTY LINE. THE ONE TO THE NORTH DOESN'T Ã ÃBUT THE TWO TO THE NORTH WAS GRANTED A VARIANCE FOR SIX FOOT FENCE NOT TOO LONG AGO 31 ROAD BY THIS AGENCY.

AGAIN FROM THE STAFF REPORT ÃÃ AS STATED IN THE APPLICATION SUMMARY, THE ZONING VARIANCE REQUEST CAME BEFORE THE PLANNING AGENCY ON SEPTEMBER 21 OF 21 IS APPROVED FOR THE REASON. THE REASON FOR THE REQUEST IS FOR THE ATTIC DOCUMENTING IN THE ONE-YEAR TIMEFRAME THAT THESE ORDERS TYPICALLY CARRY. DURING THE PRESENTATION AT SEPTEMBER 2021, THAT THERE WAS A DISCUSSION HOW IT WOULD BE UTILIZED FOR SECURITY FOR THEIR QUESTIONS FOR AGENCY MEMBERS REGARDING PROPOSALS IN THE NEARBY AREA FOR THE STAFF ANSWERED THEY HAVE HIGH PROPOSALS IN THE PAST AND ASKED THAT FENCE VARIANCE THAT HAD

[02:45:04]

BEEN ROOTED PREVIOUSLY. HERE ARE SOME PICTURES THE ONE LOT TO THE NORTH WE HAVE THE SIX FOOT FENCE THAT WAS IN PILLARS IN GATE THAT WERE APPROVED PREVIOUSLY AT 31.

THIS IS THE PROPERTY TO THE SOUTH AS YOU CAN SEE THE SIX FOOT FENCE HERE WITH PILLARS AND I GATE AND AGAIN THIS IS THE PROPERTY. THIS IS THE PART WE ARE TALKING ABOUT HERE AND AGAIN ÃÃTHIS IS HERE RIGHT HERE BECAUSE TWO PICTURES TO THE SOUTH THAT I SHOW YOU. JUST A COPY OF THE ORDER IN YOUR PACKET OF THE PCA REPORT APPROVING THIS. THE FACT BUT THEN THAT THE AGENCY TIME FOUND THERE WAS SUBSTANTIAL EVIDENCE TO SUPPORT THE HARDSHIP THAT IT IS NOT PUBLIC INTEREST AND NOT A CONFLICT SURROUNDING THE DEVELOPMENT. MET THE CRITERIA OF OUR CODE AND NOT A CONFLICT WITH THE FUTURE LAND USE AND THE CONDITIONS THAT ARE CONTAINED WITHIN YOUR STAFF REPORT FOR THIS PARTICULAR ONE OF THE SAME CONDITIONS APPROVED THEM.

MRS. SMITH, AS I SAID, MRS. SMITH BECAME BEFORE THE COMMITTEE FOR SECURITY REASONS.

UNFORTUNATELY IN WORKING WITH DESIGN AND CONTRACTING TEAM, THEY WERE NOT ABLE TO GET THE SUPPLIES AND HAVE THE CONTRACTOR GET THIS DONE AT A REASONABLE AMOUNT OF TIME BOTH TO LACK OF SUPPLIES AND CONTRACTOR TIMES AND PERSONAL ISSUES THAT SHE WENT THROUGH.

BUT AT THIS TIME SHE'S BACK TO ASK YOU FOR THE SAME REQUEST. SHE HAS THAT OUTLINED FOR SECURITY REQUESTS WITHIN YOUR STAFF REPORT IN THE LETTER. AS YOU SEE FROM THE STAFF REPORT, THIS IS VERY LARGE DEEP LOT IN THIS AREA HERE IN THE FRONT IS THE AREA THAT WAS OVER FOOTBALL FIELD LONG AND I THINK THE STAFF ACTUALLY DELINEATED THAT BY THIS AT 320 SOMETHING STAFF REPORT AND SO HERE IT IS RIGHT HERE. 325 FEET WITHIN THE STAFF REPORT TO THE FRONT PROPERTY LINE HERE AND AS I SAID A LOT OF THESE PROPERTIES ALONG HERE HAVE FENCES ON THE PROPERTY LINE IN FRONT AND THAT'S WHAT YOU'D LIKE TO DO.

JUST LIKE I SAID THIS IS EXACTLY THE SAME AS THE LAST REQUEST BECAME BEFORE YOU GUYS.

WHILE BACK. TO HAVE THIS THE FRONT PROPERTY LINE HERE.

JUST A LITTLE BIT MORE OF A CLOSE UP. THIS LINE HERE INDICATES 25 FEET WERE TO BE MOVED BACK TO BUT THEN WITH ALL THE OTHER FENCE LINES THAT ARE ALL LONG HERE THE SIX FOOT FENCES. IN SOME PURSUANCE OF AN UNUSUAL DEPTH AND REMOTE WATER WAY LOCATION IN MS. SMITH'S PROPERTY RESIDENTS HAVE BEEN PUSHED BACK ON THIS PROPERTY WITH ALL THE OTHER PROPERTIES THAT HAS BEEN OUTLINED IN HER LETTER SUBMITTED TO THE AGENCY AS PART OF THE RECORD. IT'S IN FACT THIS UNUSUAL DEPTH OR ALLOTMENT THAT'S CREATED THE SECURITY CONCERN IN FRONT AND LOCATION OF THIS LOT. THE UNUSUAL SHAPE OF HER PROPERTY IN CONJUNCTION WITH THE WATER WAY LOCATION AND PREVIOUS EXPERIENCE WITH SECURITY EXPERIENCE THAT IS REASONABLE VARIANCE BASED ON THE EVIDENCE PRESENTED.ODAY ARE EXPERTS STAFF EVALUATION FIND YOUR CONSIDERATION AND APPROVAL NOT GET READY FOR ANY

QUESTIONS, THANK YOU. >> IT WILL BE IN LINE WITH THE OTHER.

>> YES MA'AM. >> I DID NOT DRIVE OUT THERE TO LOOK AT IT, BUT I DID GO ON GOOGLE EARTH AND DRIVE UP AND DOWN THE STREET. IT'S AMAZING WHAT YOU CAN DO ON GOOGLE EARTH AND I THINK THERE WERE FOUR OTHER FENCES AND GATES LIKE THAT ON ROAD.

THIS GOING NORTH. ALWAYS THE ONE TO THE SOUTH. THE MASK IN THE SPREAD HOW FAR OFF OF THE ROAD ÃÃAND THEY ARE ASKING FOR ZERO FOOT ZERO Ã ÃTHAT'S A SETBACK RELATING TO THE 25 FOOT SETBACK. ALONG WITH THE OTHER FENCES. HOW CLOSE ARE THIS OTHER FENCES AND WILL THIS PARTICULAR GATE EIGHT HOUSE AND FENCE TO THE ROAD? BECAUSE I COULD FIGURE IN THE DIAGRAM IF IT WAS THERE. SO I JUST WANT TO KNOW HOW FAR

OFF THE ROAD THIS IS. >> IS EIGHT FEET? >> JUST READING THIS HERE.

THESE ARE 12 FOOT DISTANCES. SO MAYBE THAT'S YOU SEE IT'S COFFEE ON THAT.

IT LOOKS LIKE AGAIN I WILL CUT-AND-PASTE THIS.HIS WAS ON A SCALE DIAGRAM OR WHATEVER AND SO I WOULD AGREE THAT THIS IS AT LEAST 12 FEET BECAUSE IT'S AT LEAST THE SAME AS THAT IN THIS IS THE EDGE. TO THE EDGE OF PAVEMENT? IT'S AT LEAST 12 FEET OFF AND AS THE CHAIRWOMAN ÃÃEVEN WITH ALL THE OTHER GATES THAT YOU SAW GOING NORTH AS WELL.

WE ARE NOT PUTTING IT CLOSER. >> A COUPLE OF YOUR PICTURES JUST SO I COULD SEE ON THE SCREEN. YOU GOING THE RIGHT WAY. YOUR GOOD.

>> IT LOOKS A PRETTY GOOD DISTANCE. THIS ÃÃTHESE ARE FROM GOOGLE EARTH TO I THINK I TOOK THEM I THINK. BUT YOU HAVE THIS PRETTY GOOD DISTANCE. SO THERE'S NO SITE TRYING THIS OR ANYTHING LIKE THAT CAUSING

[02:50:06]

PROBLEMS ON THIS ROAD. >> ALREADY SIR, THANK YOU. >> THANK YOU.

>> MR. GRAHAM? >> SO SETBACKS AND EVERYTHING IS EXACTLY THE SAME AS A CHOIR

APP, RIGHT?> APPROVED. >> ANY OTHER QUESTIONS? >> IS THERE ANYBODY IN THE

[Items 9 & 10. 9. ZVAR 2023-22 Sushi 99 St. Augustine. 10. SUPMAJ 2023-11 Sushi 99 St. Augustine.]

AUDIENCE WOULD LIKE TO SPEAK ON ITEM NUMBER EIGHT? OKAY.

WITH THAT, WE'RE BACK INTO THE AGENCY WITH A MOTION. MR. GREEN?> YES, LIKE TO APPROVE THE MOTION VARIANCE OF 2023 SMITH PROPERTY GATEHOUSE BASED ON SEVEN CONDITIONS AND

FINDINGS OF FACT IN THE FULL STAFF REPORT PER. >> MOTION OF APPROVAL TO BE A

SECOND? >> SECOND.>> THANK YOU DOCTOR ÃÃANY OTHER DECISIONS? WITH THAT, LET'S REGISTER TO VOTE. MOTION PASSES.

>> THANK YOU VERY MUCH. >> THANK YOU. >> GOOD LUCK GETTING THE BILL.

>> ITEM NUMBER I THINK WE'RE GOING TO TAKE ITEM NUMBER NINE AND 10 AT THE SAME TIME.

IS THAT CORRECT? DOES ANYBODY HAVE ANY EXPERTISE ON THE?

>> I DO AND I HAD A PHONE CONVERSATION WITH THE PASTOR [INDISCERNIBLE]

>> HELLO AND GOOD AFTERNOON. MY NAME IS CHOW AND I'M HERE REPRESENTING THE TEST TEST LOCATION LOCATED AT 270 PLAZA BOULEVARD. ONE AND TWO 2086.

AND WE ARE HERE ÃÃTHIS IS WHERE WE ARE LOCATED ON THE LOCATION MAP.

AND AS OUR 207. AND THEN OUR RESTAURANT IS SEEKING PERMISSION WITHIN A THOUSAND FEET ÃÃIN ORDER TO FACILITATE THE OFFERING OF ALCOHOLIC BEVERAGES.

IT WAS ONE OF THE ONLY BENEFITS OURSELVES BUT ALSO PROVIDE A BETTER DINING EXPERIENCE PER CUSTOMER. I THINK ALSO WILL HELP US TO GETTING MORE OURSELVES AND THEN LOOK AT TEST REVENUE STUFF. AND THIS IS THE ZONING MAP AND THEN I THINK WHERE IT'S LOCATED RIGHT THERE ÃÃTHE FRONT ONE RIGHT THERE. AND THEN I NEED TO MAKE A CORRECTION. FOR THE SIZE OF THE LOCATION IS 2800 SQUARE FEET PLUS THE PATIO OUTSIDE RIGHT THERE. OKAY? AND THEN WE WILL TRY TO TAKE THE RESPONSIBILITY FOR TREATING OURSELVES TO KNOW THE KNOWLEDGE OF THE ÃÃ

[INDISCERNIBLE] ANY QUESTIONS? >> ANYBODY HAVE ANY QUESTIONS? OKAY. SEEING NONE. ANYBODY IN THE AUDIENCE WOULD LIKE TO SPEAK ON ITEM NUMBER NINE AND 10? SEEING NONE ÃÃWE ARE BACK TO

THE AGENCY MOTION. >> YOU BEEN ENJOYING THE FREEDOM OF DOING IT, RIGHT?

>> ALL RIGHT. >> MR. VICE CHAIR? >> MOTION TO APPROVE ZBA ARE 2023Ö2. SUSHI ÃÃ99 SAINT AUGUSTINE BASED ON FIVE CONDITIONS AND

FIVE FINDINGS OF FACT PROVIDED IN THE STAFF REPORT. >> MOTION FOR APPROVAL, THE WAY THE SECOND? MOTION FOR APPROVAL ÃÃANY DISCUSSION COMMENTS?

YES? >> I JUST WANTED TO SAY THAT THIS IS IN THAT LARGE PUBLIC SHOPPING CENTER THAT ON 207 JUST SOUTH WEST OF WILDWOOD AND THEN A LOT OF SPACE TO FILL IN OVER THERE.F THIS RESTAURANT WAS PERHAPS DOWN AT THE OTHER END ÃÃSOUTHWEST INTO THAT ÃÃ IT MIGHT NOT BE WITHIN THOUSAND FEET OF THE CHURCH. I'M ALL FOR THIS ACTUALLY.

PUBLIX WOULD NOT OF BUILT THERE WITH ACCESSORY AND SUITES AVAILABLE FOR RENT AND THIS IS GREAT FOR THE COMMUNITY AND WE ARE ALL NOT SPECIFICALLY ON THIS REQUEST RESTAURANTS IN GENERAL AND I HAVE NO PROBLEM WITH THIS. SO THANKS.

>> THANK YOU. ANYONE ELSE? SHOULD WE REGISTER THE BOAT?

[11. MAJMOD 2023-17 New Twin Creeks Light Industrial Access.]

>> THANK YOU [INDISCERNIBLE] NUMBER NINE PASSES.

MR. MATT AVINA? >> 2023Ä1 ÃÃBASED UPON A FINDINGS OF THE 11 CONDITIONS

[02:55:05]

OF THAT IN THE STAFF REPORT. >> SUBMISSION FOR APPROVAL. WE HAVE A SECOND?

>> SECOND. >> ANY CONCESSIONS? GO AHEAD AND REGISTER YOUR VOTE. CONGRATULATIONS. ALL RIGHT.

LAST BUT NOT LEAST WE HAVE ITEM NUMBER 11. MR. RAVEN?

DOES ANYBODY HAVE ANY X PARTAKE? >> NO.

>> I DROVE BY THE SITE REALLY TRIED TO FIND WHAT THEY ARE TALKING ABOUT AND I WAS SORT OF UNSUCCESSFUL PAIRED WITH STAFF SORT OF GUIDED ME THROUGH WHERE IT WAS.

SOME REALLY LOOKING FORWARD TO HEARING THIS. >> THANK YOU.

>> 901 SEVEN PARK DRIVE SOUTH IN JACKSON FLORIDA. OWNERS BETWEEN CREEKS OF ASSOCIATED OF CREEKS ASSOCIATED. I'M NOT SURE HOW TO USE THE CLICKER TO GET THE PRESENTATION ON. THE MAP HERE IS A LOCATION MAP THAT SHOWS THE LOCATION RIGHT IN AND WRITE OUT TURN ACCESS TO 10 WITHIN BETWEEN CREEKS PUD THE SITE IS LOCATED ON 210 WEST OF THE ÃÃOVERPASS. NEXT IS AN AERIAL IMAGE OF THE PROPERTY RELATING TO PROPERTY OWNERSHIP. WITHIN THE PARCEL ATTACHED HERE IS FUTURE LAND USE AND RESIGNATION OF THE PROPERTY. AND HERE IS THE ZONING PROPERTY LOCATED WITHIN PUD ÃÃ2006 BY ST. JOHN'S COUNTY. THERE IS A CURRENT ÃÃBETWEEN CREEKS AND A CURRENT DI I'VE MAP RELATING PUD IDENTIFIED THEIR IN THAT CIRCLE.

THERE'S A CONCEPTUAL SITE PLAN ON THE PROJECT AND THE PROJECT IS CURRENTLY APPROVED TO BUILD THIS SECOND ROADWAY HERE WITHIN THE PARCEL REQUESTING THE EXTENSION OF THE ROADWAY RIGHT IN AND WRITE OUT ACCESS COUNTY ROAD 210 OF THAT LOCATION. THE PROPOSED MODIFICATION IS IN ACCORDANCE WITH THE COMP PLAN AND PUD ORDINANCE WITHOUT REDUCING THE NUMBER OF REQUIRED PARKING SPACES AND DOES NOT RELOCATE THE USES OF ONE PARCEL PHASE TO ANOTHER.

IT DOES NOT REDUCE THE AMOUNT OF OPEN SPACE FOR RECREATIONAL AREA AND DOES NOT INCREASE THE MAXIMUM STRUCTURE HEIGHT. IT DOES NOT INCREASE ANY REQUIRED YARD AND SETBACKS BUILDING SETBACKS DOES NOT INCREASE THE LAND USE AND DOES NOT INCREASE THE TRAFFIC GENERATION WITH PUD. WITH THAT ÃÃI WISH THE BOARD TO CONSIDER OVERRULING OF THE

PUD MODIFICATION. >> QUESTIONS?

[INDISCERNIBLE] >> OKAY SO SO OUT THERE IN THE ENTRYWAY THAT'S UNDER

CONSTRUCTION NOW IS OFF OF 210? IS THAT CORRECT? >> THAT IS CORRECT.> I DID SEE THAT IN THE ROADWAY INTO THAT BACKS INTO THE BACK END OF THIS?

>> YES. IT'S THE ACCESS POINT LOCATED ON ALTERNATE TO 10 RIGHT HERE.

>> OKAY SO ÃÃTHE THING THAT I HAVE THE HARD TIME ÃÃAND DID NOT SEE AN ORDINANCE SIGN ANYWHERE. THAT'S KIND OF WHAT I WAS LOOKING FOR.

WHERE'S THE ORDINANCE SIGN? WHERE EXACTLY DOES IT? ON 210?

IT'S BEFORE VALLEY RIDGE ROAD? >> YES, IT'S BEFORE U.S. ONE. THE CURRENT SIGNAL HERE IS LOCATED AT COUNTY ROAD 210 AND COUNTY ROAD 210 AND PROPOSED ACCESS POINT IS LOCATED HERE ON THE BRIDGE TO TAMPA AND U.S. ONE IS LOCATED ÃÃSO WE ARE WEST OF U.S. ONE.

>> SO THIS IS LIGHT INDUSTRIAL? IS THIS GOING TO BE BIG TRUCKS, LITTLE TRUCKS?

A LOT OF TRAFFIC? >> YES. >> IT'S KIND OF A TRAFFICKING

AREA. >> WE ARE NOT PROPOSING TO GENERATE NEW TRAFFIC TRIPS.

IT'S FLEX INDUSTRIAL SO IT'S USE OF INDUSTRIAL PAIRED WE DO NOT HAVE A PROPOSED USER.

THE PARCEL IS LOCATED DIRECTLY ADJACENT æ >> I DID NOT REALLY SEE A PROBLEM, BUT I DID TO THOSE QUESTIONS. SO THANK YOU VERY MUCH.

[03:00:01]

I APPRECIATE IT. >> ANY OTHER QUESTIONS? >> TO STRONG ÃÃTHERE'S A PILE

ON THEIR SUMMER TO PROHIBIT ON THE LEFT-HAND. >> WE CAN GO THROUGH THE APPROVAL PROCESS WITH THE REGARDS TO TRAFFIC SAFETY AND PROHIBITING A LEFT TURN LANE AREA ON THIS ROAD RIGHT NOW AND A DIVIDED MEDIUM RIGHT THERE. IT WILL COMPLY WITHIN THE RIGHT AND WRITE UT CRITERIA. [INDISCERNIBLE]

THAT'S ALL WE GOT. >> OKAY.

[INDISCERNIBLE] [LAUGHTER]

>> IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS ITEM?

[Staff Reports]

SEEING NONE ÃÃWE MOVED BACK INTO THE AGENCY PROVISION. >> MOTION TO RECOMMEND APPROVAL OF MAJOR MARTIN 2023Ä7 BETWEEN NEW TWIN CREEKS INDUSTRIAL ACCESS AS PROVIDED WITH THE

SCOUT REPORT. >> WE HAVE A MOTION OF APPROVAL.

WE HAVE A SECOND? >> I SECOND. >> HEART MR. GREEN.

ANY DISCUSSIONS? SEEING NONE, LET'S REGISTER TO VOTE.

MOTION PASSES. THANK YOU. OKAY.

IS THERE ANY STAFF REPORT? >> YES, I JUST WANTED TO TAKE A MINUTE TO LET YOU KNOW THAT THE PLANNING DIVISION HAS HIRED TWO PRINCIPAL PLANNERS AND I JUST WANTED TO INTRODUCE KEISHA TO MY MEDIA RIGHT, RIGHT? AS WELL AS CYNTHIA ME.OU'LL SEE THEM IN THE BOX IN THE FUTURE HELPING TREE AT THE MEETINGS.

* This transcript was compiled from uncorrected Closed Captioning.