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[Call meeting to order ]

[00:00:30]

GOING TO CALL THE MEETING TO ORDER. IF YOU WOULD NOT MIND STANDING SO WE CAN TO THE PLEDGE OF ALLEGIANCE.

>> ÊI PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.Î

PUBLIC NOTICE STATEMENT. >> THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN CONCURRENCE WITH FLORIDA LAW.

THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON ITEMS RELEVANT TO OUR JURISDICTION AND WILL BE GIVEN TIME TO COMMENT DURING THE HEARING. THE PUBLIC SHALL SPEAK AT A TIME ON EACH ITEM AND FOR A LENGTH OF TIME DESIGNATED BY THE CHAIRMAN, WHICH SHALL BE THREE MINUTES. SPEAKER SHOULD IDENTIFY THEMSELVES, THEY REPRESENT, AND STATE THEIR ADDRESS FOR THE RECORD. IF IT IS NOT SWORN WE MAY WAY AND DETERMINE THE TRUTHFULNESS OF THE TESTIMONY. IF ANYONE DECIDES TO APPEAL THE DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED HERE TODAY, SUCH PERSON WHEN THEY TO RECORD OF THE PROCEEDINGS AND THEY NEED TO MAKE SURE THAT A VERTEBRATE HIM RECORD OF THE TESTIMONY IS -- AND THAT IS WHAT IT SHOULD BE BASED ON. ANY PHYSICAL DOCUMENTARY INFORMATION LIKE DIAGRAMS, CHARTS, PHOTOGRAPHS ARE WRITTEN STATEMENT SHALL BE PROVIDED TO THE CLERK FOR INCLUSION INTO THE RECORD. THE RECORD WILL BE AVAILABLE FOR OTHER BOARD AGENCY COMMITTEE OR THE COUNTY AND REVIEW OF APPEAL RELATED TO THEM. AGENCY MEMBERS ARE REMINDED THAT AT THE BEGINNING OF OF EACH ITEM THEY SHOULD STATE IF THEY HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM . IS SUCH COMMUNICATION HAS OCCURRED AGENCY MEMBERS

[PZA Meeting Minutes for Agency Approval: 03/21/2024 ]

SHOULD IDENTIFY THE PERSONS INVOLVED IN THE MATERIAL OF CONTENT. DISABILITY CLAUSE. WE WILL BE RESPECTFUL TO ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL AVOID PERSONAL

ATTACKS. >> THANK YOU MR. PETER.

MEMBERS, WE HAVE THE MEETING MINUTES FROM MARCH 21 UP FOR

APPROVAL. MAY I HAVE A MOTION? >> SO MOVED.

>> WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL IN

FAVOR SAY AYE. >> AYE.

>> THE ITEM PASSES. ONTO PUBLIC COMMENT. THIS IS THE TIME TO COME UP AND SPEAK ON ITEMS THAT ARE NOT ON THE AGENDA. ANY ITEMS THAT YOU WOULD LIKE TO SPEAK TO THAT ARE ON THE AGENDA WE WILL GO THROUGH THEM ONE BY ONE AS THEY COME UP IF YOU WERE HERE FOR THE MAJMOD 2023-03, MARSH LANDING GOLF COURSE LOTS.

[1. ZVAR 2023-36 Wear House Addition. ]

THAT MEETING HAS BEEN RESCHEDULED TO A DATE UNCERTAIN. SO WE WILL NOT BE HEARING THAT TODAY. IF THERE IS ANYBODY IN THE PUBLIC THAT WOULD LIKE TO SPEAK AT THIS TIME, PLEASE COME ON UP. SEEING NON-WE WILL GO AHEAD AND START WITH ITEM NUMBER ONE. MR. WHERE, WILL YOU COME UP.

DOES ANYBODY HAVE ANY X PARTAKE?

>> YES, MADAM CHAIR, I DID SPEAK WITH HIM.

>> OKAY. GO AHEAD. >> MY NAME IS JAMES WEAR. MY ADDRESS IS 315 11TH STREET. TODAY I AM HERE TO TALK ABOUT GETTING A VARIANCE SO THEY CAN SO THAT I CAN HAVE AN EXCEPTION ON THE BACK OF MY HOUSE. SO, WHY AM I APPLYING FOR A VARIANCE? THE HOUSE WAS BUILT IN 1986 AND IT WAS BUILT NONCONFORMING. ORIGINALLY, MY HOUSE WAS SHOWN IS REGISTERED AS A CORNER LOT EVEN THOUGH THE LOT ADJACENT IS A SERVICE ROAD THAT WILL NEVER BE USED. MY NEIGHBOR HAS TOLD ME BEFORE THAT HE HAS NEVER KNOWN AS ANYONE USING IT AS A ROAD.

THAT ROAD IS CALLED PALM STREET. I WILL SHOW THAT ON THE MAP. I AM ASKING FOR A ONE FOOT REDUCED SETBACK IN THE

[00:05:06]

SETBACK IS CURRENTLY 14.75 AND I AM ASKING FOR ONE FOOT JUST IN CASE THERE IS ANY TYPE OF SURVEY DISCREPANCIES OR ANYTHING LIKE THAT THAT COULD POTENTIALLY RISK ME HAVING TO COME BACK HERE AGAIN AND SPEAK. SO, THIS IS AN AERIAL VIEW OF THE PROPERTY. AS YOU CAN SEE IN THIS SPOT HERE. THAT IS WHERE MY HOUSE IS LOCATED. AND, THERE IS PALM STREET.

THAT LINE IS WHERE I HAVE THE 15 FOOT SETBACK AND THAT LOT IS REGISTERED AS A CORNER LOT. HERE IS A SECOND VIEW AND THAT IS A LITTLE BIT CLOSER. AS YOU CAN SEE THIS WHOLE AREA IN HERE AND HERE , THIS IS THAT PALM STREET ROAD ANTI-HAVE ALREADY TALKED TO MY NEIGHBORS AND EVERYONE IS COOL WITH IT. IT IS NOT GOING TO DISRUPT ANYTHING AND IT COULD INCREASE PROPERTY VALUES BECAUSE WE WILL BE DOING LOTS OF IMPROVEMENT. AGAIN, HERE IS A ZONING MAP OF IT. THIS IS WHAT THE HOUSE LOOKS LIKE TODAY. HERE IS THE FRONT OF THE HOUSE. HERE IS THE BACK OF THE HOUSE. PALM STREET IS RIGHT HERE. WHAT I AM GOING TO BE DOING IS TAKING THE SAME HOUSE LINES AND EXTENDING IT THIS WAY BY ABOUT 2 FEET. IF I WERE TO GO ALONG WITH THE CURRENT SETBACK PLANS TODAY I WOULD HAVE TO GET MY HOUSE INSIDE ABOUT ONE FOOT AND IT WOULD NOT ALIGN WITH THE AESTHETIC OF THE HOME. IF I AM GOING TO BE SPENDING QUITE A BIT OF MONEY TO REMODEL THE HOME I MIGHT AS WELL HAVE IT THE WAY I WANT IT TO LOOK. THIS IS AN ARCHITECTURAL DRAWING OF WHAT MY FUTURE LAND-USE WOULD BE OF THE HOME AND AS YOU CAN SEE HERE, THIS WILL BE THE ADDITION. I PLAN ON EVENTUALLY PUTTING IN A BACK DECK OVER HERE. THERE IS CURRENTLY A GRANDFATHERED IN ENCLOSURE THERE . TODAY, WHAT WE ARE TALKING ABOUT IS THIS AREA RIGHT HERE. HERE IS SOME ELEVATIONS OF THE HOME. ALL OF THIS AREA IS THE CURRENT HOME. AND IN GREEN IS THE ADDITION. THE BACK PORCH PLANS ARE NOT UPDATED BECAUSE DEPENDING ON THE AGREEMENT TODAY THEY MIGHT HAVE TO BE REVISED AND THAT REQUIRE SOME ENGINEERING BUT I DON'T THINK THAT IS GOING TO IMPACT ANYTHING THAT WE WILL TALK

ABOUT. ANY QUESTIONS? US >> ANY QUESTIONS?

>> I DID DRIVE OUT THERE AND HAVE A LOOK AROUND. I DON'T THINK ANYBODY WAS HOME AT THE TIME AND I WAS PICTURING WHAT YOU ARE TRYING TO DO. WE HAVE GOTTEN A COUPLE OF COMMUNICATIONS NOT FROM DIRECT NEIGHBORS BUT MAYBE THAT LIVE A COUPLE OF STREETS AWAY THAT ARE WORRIED ABOUT DRAINAGE ISSUES.

THE PART THAT YOU ARE EXTENDING, IS THIS NEW FOUNDATION THAT WILL BE LAID OR IS THIS GOING OVER A DIFFERENT

SURFACE? >> IT IS A NEW FOUNDATION.

>> OKAY. I REALLY DON'T HAVE A LOT. THANK YOU.

>> NO PROBLEM. I THINK THIS WILL PROBABLY BE YOUR EASIEST

PRESENTATION TODAY. >> DON'T SAY THAT.

]. >> WHAT YOU ARE ADDING AROUND THE HOUSE IS THAT SOMETHING YOU WILL HAVE TO COME BACK FOR A

VARIANCE LATER? >> I DO NOT NEED A VARIANCE FOR THAT. I AM JUST TALKING ABOUT THE BACK OF THE HOUSE. THIS IS WHAT I AM APPLYING FOR THE VARIANCE ON AND EVERYTHING ELSE I AM NOT GOING TO NEED A VARIANCE. EVERYTHING ELSE WILL

BE UP TO ZONING. >> DOES ANYBODY ELSE 70

QUESTIONS? >> I DO. YOU SAID ALL OF YOUR NEIGHBORS ARE COOL WITH IT BUT I HAVE SOMETHING FROM A CATHERINE AT 307 12TH STREET.

>> OKAY. >> TO MEMBER HAVING A

CONVERSATION WITH HER? >> I AM NOT SURE WHICH ONE SHE IS. WHEN I SAY MY NEIGHBORS I MEAN MY DIRECT NEIGHBORS THAT THAT ARE BESIDE ME. THOSE WITHIN ABOUT A 300 FOOT RADIUS.

[00:10:03]

FROM MY UNDERSTANDING IT WILL NOT IMPEDE ON ANYONE AND IT

WILL NOT IMPACT USE. >> ANY OTHER QUESTIONS? ANY OTHER PEOPLE IN THE AUDIENCE TO SPEAK ABOUT THIS? OKAY, SEEING NONE, WE GO BACK TO THE PRESENTATIONS.

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE VARIANCE 2023-22 BASED ON THE FINDINGS AND CONDITIONS.

[2. ZVAR 2023-35 Harper AFU Variance. ]

>> IS THERE A SECOND? >> WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? SEEING NONE, LET'S REGISTER A VOTE. THAT MOTION PASSES.

>> THANK YOU. >> ONTO ITEM NUMBER TWO.

DOES ANY AGENCY MEMBER HAVE ANY X PARTAKE? MR. MATOVINA.

>> I SPOKE WITH MR. WESTER YESTERDAY.

>> I HAD A CALL WITH MR. WESTER THIS MORNING AND WE HAD

CONVERSATION. >> I NEVER DID ACTUALLY CONNECT WITH HIM. IT WAS A LITTLE LATE.

>> WELCOME, MR. WESTER. I AM HERE REPRESENTING THE HARPER FAMILY. JOHN HARPER IS HERE WITH HIS DAUGHTERS AND THE GENERAL CONTRACTOR IS HERE. I WILL HAVE HIM COME UP AFTER THE PRESENTATION JUST TO SAY A COUPLE OF SENTIMENTS AND INTRODUCE HIMSELF. THIS IS A ZONING VARIANCE REQUEST TO ALLOW AN EXISTING DETACHED GARAGE TO REMAIN .8 FEET FROM THE PROPERTY LINE AS WELL AS A REQUEST FOR CONSTRUCTION OF AN ACCESSORY FAMILY UNIT. HERE ARE THE LOCATIONS ON SOUTH ROSCOE. ON THE INTERCOASTAL WATERWAY IN PALM VALLEY. HERE IS THE AREA. THIS IS A LAYERED AERIAL. YOU CAN SEE ALL OF THE PROPERTY AND THE HOMESTEAD CONTEXT WITH REGARD TO THE MAIN STRUCTURE AND THE FAMILY HOMESTEAD OPERATING AS AN ACCESSORY FAMILY UNIT CURRENTLY. AND, THIS SURVEY GOT ORIENTED THE WRONG WAY. THE LINE WAS SUPPOSED TO BE GOING THROUGH THE MIDDLE OF THE PROPERTY. THIS LINE IS ACTUALLY MEANT TO BE RIGHT HERE . THIS PAGE GOT TURNED WHEN IT WAS TRANSMITTED TO THE COUNTY FOR SOME REASON. HERE IS THE ORIENTATION. THAT SAME PROPERTY LINE THAT I SHOWED AS THE MIDLINE OF THE TWO LEGAL PLOTTED LOTS. THERE IS A MIDLINE THAT GOES THROUGH THE PROPERTY. YOU CAN SEE THE MAIN HOUSE AND THE PROPOSAL FOR THE ACCESSORY FAMILY UNIT. WE ARE TALKING 14 INCHES TOO CLOSE TO THE PROPERTY LINE WITH ITS CONSTRUCTED STATE. WAS BROUGHT TO OUR ATTENTION THAT IT WAS TOO CLOSE AND WE DID THE MEASUREMENTS AND IT IS. THE PROPOSAL AGAIN, KEEP IN MIND, THERE IS A HOUSE THERE RIGHT NOW AND THIS IS AN EXPANSION OF THAT HOUSE AS A FAMILY UNIT.

THIS IS A CLOSER DIAGRAM OF THE SETBACKS FOR THE GARAGE AND THE PROPOSED ACCESSORY UNIT AND THEN ALL OF THE THINGS THAT GO WITH IT. THE LIVABLE SPACE IS ROUGHLY 3500 SQUARE FEET ON THE PROPOSED FAMILY UNIT. WE MEET ALL OF THE SERVICE RATIOS FOR THE PROPERTY AND WE ARE NOT ASKING FOR WAIVERS OR DEVIATION. THE LANDSCAPE AND VEGETATION WILL REMAIN THE SAME AS PART OF THIS. HERE IS THE PROPERTY FROM ROSCOE. IT HAS REALLY NICE CURB APPEAL AND A SINGLE DRIVEWAY INTO THE PROPERTY. THIS IS THE MAIN HOUSE IN THE BACK AND HERE IS THE EXISTING FAMILY UNIT ON THE FRONT OF ONE OF THE OTHER PLOTTED LOTS. WE HAVE TWO LEGAL PLOTTED LOTS AND THAT LINE TRAVERSES THE MIDDLE. GOES RIGHT THROUGH ABOUT 20% OF THE STRUCTURE CUT IT HANGS OVER ONE OF THE PLOTTED LOTS.

IT WAS PURCHASED THAT WAY. HERE IS A PROPOSED ARCHITECTURAL ELEVATION FOR THE FAMILY UNIT SO IN CONTEXT WITH THE CHARACTER OF THE PROPERTY AND THE HOUSE OUT THERE AS WELL AS THE RESIDENTIAL FEEL ALONG ROSCOE. THE ACCESSORY FAMILY UNIT HAS 3411 SQUARE FOOT OF SPACE. IT IS FOR GRANDCHILDREN FAMILY. IT IS COMPRISED OF TWO PLOTS. LET'S

[00:15:01]

31 AND LOT 32. THE MAIN SINGLE HOME LOT IS BUILT OVER THE PROPERTY LINE AND THAT IS WHERE YOU SAW THE RED LINE GOING THROUGH IT. THIS IS AN AGGREGATE CONDITION AND THAT CAUSES IT TO BE THE PRIMARY HOME OF THE PROPERTY. THE MAIN HOME IS -- AND LOT 32 IS WHERE THE ACCESSORY FAMILY UNIT IS IN THE CURRENT THE EXISTING HOME ON LOT 32 CANNOT BE THE PRIMARY HOUSE ACED ON THIS EXTRAORDINARY CONDITION OF THE LOT HANGING OVER BY 20% OF THE LOT. THOSE HAVE NOT BEEN RE-PLOTTED TO BE ONE PROPERTY SO THEY STILL EXIST INTO THEIR OWN AND THEORETICALLY THOSE LOTS CAN CARRY EACH HOME. THE CURRENT AF YOU AFU IS OCCUPIED AND ORIENTED CAUSES A HARDSHIP TO BUILD A NEW FAMILY UNIT FOR A FAMILY MEMBER.

ENFORCEMENT CAUSES UNDUE HARDSHIP TO THE APPLICANT ABILITY TO UTILIZE THE AREA. THE ORIENTATION OF THE AFU FOR THE USE AND ENJOYMENT ON THE LAND THAT IS LARGE ENOUGH TO ACCOMMODATE THE STRUCTURE. THE DETACHED GARAGE IS 14 INCHES CLOSEST TO THE SIDE YARD AND IT WAS BUILT, PERMITTED, AND INSPECTED TOO CLOSE TO THE PROPERTY LINE. IT'S IT'S ABOUT 1.8 FEET FROM THE PROPERTY LINE INSTEAD OF 3 FEET BECAUSE IT IS AN ACCESSORY STRUCTURE. IT HAS EXISTED MANY YEARS WITHOUT ANY IMPACT OR NUISANCE. THE VARIANCES, IF GRANTED, WILL NOT CAUSE NEGATIVE IMPACT TO THE HEALTH, SAFETY, WELFARE OR OTHER ADJACENT PROPERTIES ON STRUCTURES AND IT SHOULD BE KNOWN THAT THERE IS NO OPPOSITION TO THIS AND THERE HAS BEEN NO CALLS. THE RESIDENTS HAVE BEEN GREAT NEIGHBORS AND THEY LIVE AS A FAMILY UNIT ON THE HOMESTEAD NOW. THEY ARE OUTGROWING THEIR ABILITY TO SERVE THE PROPERTY SO I WOULD LIKE TO GET MR. HARPER TO COME UP AND INTRODUCE HIMSELF AND DESCRIBE THE FAMILY SITUATION. HE DID PURCHASE THE PROPERTY AND CLOSE ON IT IN 2018. THEY ADDED TO THE FAMILY UNIT AS YOU SEE IT. MR. HARPER. HE IS JUST GOING TO TAKE A COUPLE MOMENTS TO INTRODUCE HIMSELF.

>> MY NAME IS JOHN HARPER. WE BOUGHT THIS HOME IN NOVEMBER 2018 AND MY WIFE AND I, BARBARA, WE MOVED INTO THE MAIN HOUSE AND MY DAUGHTER AND TWO GRANDSONS MOVED INTO WHAT IS CALLED THE COTTAGE AND IT IS 1200 SQUARE FEET. MY DAUGHTER NEEDED AT LEAST ANOTHER BATHROOM TO LIVE WITH THESE BOYS SO WE ADDED ON AFTER BEING PERMITTED A BEDROOM AND A BATH AND THAT BROUGHT IT TO ABOUT 1500 SQUARE FEET. THEY HAVE DETERMINE THEY WANT TO LIVE THERE THE REST OF THEIR TIME AND WE ARE THRILLED TO HAVE THEM ON THE PROPERTY. WE STARTED TWO YEARS AGO THIS MONTH TRYING TO PUT TOGETHER THIS PROJECT AND BUILD A PLACE THEY COULD LIVE IN LONG-TERM.

HER SISTER HAS A HOME OUTSIDE OF THE UNITED STATES AND VISITS US REGULARLY. THIS HOME LIVABLE SPACE THAT WE ARE TRYING TO BUILD WOULD ACCOMMODATE HER AND HER HUSBAND ALSO WHEN THEY VISIT. ALSO MY SON WHO IS IN A MANDARIN AND HIS DAUGHTER COME AND SPEND MANY WEEKENDS. MANY TIMES THERE ARE A LOT OF US ON THIS PROPERTY AND THAT IS WHY WE ARE TRYING TO MAKE THE SPACE LIVABLE TO ACCOMMODATE ALL OF THE FAMILY MEMBERS. WE JUST THINK IT IS WONDERFUL THAT WE HAVE ALL OF THOSE PEOPLE TOGETHER ALL OF THE TIME.

>> WE WILL BE AVAILABLE TO ANSWER QUESTIONS. THE HARDSHIP IS REALLY THE FACT THAT THE CARE AND CAPACITY OF THE LAND ALLOWS FOR THE STRUCTURES IN THEIR LEGAL PLOTTED LOTS. MORN PORTLY, THE ORIENTATION AND THE SUITABILITY OF THE CUSTOMARY LOCATION OF THE REQUEST FOR THE INCREASE AND SIZE OF THE ACCESSORY FAMILY UNIT IS THE SAME STATE THAT IT WAS AND CURRENTLY EXISTS. AS FAR AS THE CURB APPEAL AND VISUAL IMPACT, THE IMPACT TO NEIGHBOR, THAT DOES NOT EXIST BECAUSE THE HOMESTEAD, AS SEEN FROM THE PICTURES, WILL STAY IN ITS EXISTING STATE AND ORIENTATION WITH THE DRIVEWAY. THE IMPERVIOUS SURVEY RATIOS AND THE TREES WILL NOT BE IMPACTED.

WE UNDERSTAND THAT 2000 SQUARE FEET IS THE MAXIMUM ALLOWABLE AND WE ARE GOING UP TO 3400. AND THEN PULLING IN THE DETACHED GARAGE. THAT WILL SERVE AS A STORAGE SPACE AND A GYM. YOU WILL SEE NUMBERS OF 4000 PLUS FEET OF THE AFU BUT

[00:20:04]

THAT IS NOT THE TRUE LIVING QUARTER AREA. WE APPRECIATE YOUR CONSIDERATION FOR APPROVAL AND WE STAND BY TO ANSWER ANY QUESTIONS. I HAVE OTHER AERIAL PICTURES IF WE NEED TO DIVE INTO THE LOT LINE AND WHERE THEY SIT ACED ON THE PREVIOUS CONDITION, 12-15 YEARS AGO AND ITS CURRENT CONDITIN.

>> THANK YOU. >> MADAM CHAIR I DID A SITE VISIT. THIS IS MY EX PARTAKE. YOU SAY THAT THERE IS NO OBJECTION BUT DO YOU HAVE SUPPORT OF THESE NEIGHBORS? HAVE DISCUSSIONS BEEN HAD WITH THEM?

>> THERE ARE NO OTHE NEIGHBORS. THERE HAVE BEEN DISCUSSIONS BUT WE DON'T HAVE LETTERS TO PROVIDE YOU OR

ANYTHING LIKE THAT. >> NOT KNOWING THE SITUATION, BUT AS YOU HAVE EXPLAINED IT, TO ME, YOUR EXPLANATION THAT ESSENTIALLY IS THE SAME VIEW AS YOU WILL SEE BUT BUT HOUSE IS THREE TIMES BIGGER. IT IS PRETTY MASSIVE IF YOU COMPARE IT TO THE OTHER HOUSES ON THE BLOCK. 25 FEET BACK FROM THE PROPERTY LINE AND THE SETBACK IS 25 FEET AND THE GARAGE IS THE THING THAT IS FACING TOWARDS THE STREET. THAT, TO ME, IF YOU COULD LOOK AT THE OVERHEAD PICTURE THAT YOU HAVE,

THE PROPERTY APPRAISER SITE. >> LET ME GO BACK TO THE

AERIAL. >> YOU HAVE THIS SMALL HOUSE THAT IS PROBABLY 50 OR 60 FEET BACK FROM THE ROAD AND THAT WILL BE BROUGHT UP WITHIN 25 FEET AND THAT IS A PRETTY LARGE STRUCTURE YOU ARE ASKING FOR. SO, THAT WAS MY BIGGEST THING I WAS LIKE, I WONDER WHAT THE NEIGHBORS THINK OF THIS. IT IS GOING TO LOOK REALLY DIFFERENT. IF THEY ARE OKAY WITH IT, --

>> WE MEET THE REQUIREMENT AND WE DO HAVE TO BE BOUND BY THE STANDARDS FOR SETBACK. INCLUDING THE FRONT YARD, SIDE YARD, AND THE LIKE AND WE MEET THOSE. WE ARE 25 FEET FROM THE ROSCOE RIGHT-OF-WAY. THE HOUSE IS STILL IN ITS CUSTOMARY ORIENTATION. THE BETTERMENTS ARE THE HOSTESS PULLOUT BECAUSE IT WILL FOLLOW THE CURVE OF THIS EXISTING DRIVEWAY. TO PULL OUT A LITTLE BIT RIGHT HERE AND COME AWAY FROM THE PROPERTY LINE A LITTLE BIT BUT THAT IT WILL CURVE TO THE GARAGE. THERE IS A CLUSTER OF TREES AND VEGETATION IN THIS AREA RIGHT HERE. WHILE IT IS BIGGER IT DOES ACCOMMODATE A FAMILY THAT HAS THE NEED BUT MORE IMPORTANTLY, IT IS AN ACCESSORY FAMILY UNIT. TH FAMILY HAS GROWN AND THEY DO HAVE A NEED FOR THIS. THE CARE AND CAPACITY OF THIS PLATTED LOT, IT TECHNICALLY COULD CARRY THAT HOUSE ON THE LAND ITSELF.

AS IT SITS RIGHT NOW, IF IT DID NOT HAVE THIS PROPERTY HERE -- IF THIS HOUSE WAS NOT HANGING OVER THE MID LOT LINE, AS IT WAS PURCHASED AND MOVED INTO. I THINK WITH THAT YOU KIND OF ASSESSED THE THEORETICAL MAXIMUMS AND THEORETICAL ORIENTATION OF HOW THAT HOUSES AND THE IMPACT AND IF THERE IS A NUISANCE TO THE HEALTH, SAFETY, AND WHERE WELFARE. THERE ARE NONE AND THAT IS JUDGED BY THE FACT THAT THE PROPERTY IS YOU SEE IT TODAY WILL GENERALLY LOOK THE SAME IN THE FUTURE BUT THE BUILDING WILL GROW IN SIZE.

BECAUSE OF ITS CUSTOMARY LOCATION AND THEY ARE GOOD NEIGHBORS WITH EVERYBODY, I DO BELIEVE THAT THE IMPACTS ARE NULL AND VOID FOR THIS AND JUDGING BY THE FACT THAT WE COULD PUT THAT PROPERTY THERE, JUST WITH ITS OWN LEGAL PLATTED LOT, TO JUST BE ON 32. IT IS AN INCREASE.

>> IT IS. >> THERE IS NO PRECEDENT IN THIS CASE BECAUSE PRESIDENT -- ANY PROPERTY THAT IS APPLIED FOR FOR ANY KIND OF VARIANCE HAS TO BE REVIEWED ON ITS OWN MERITS. IN THE APPLICATION WITH ANY OF THE TESTIMONY AND EXHIBITS AND LEGAL COMPETENT EVIDENCE PROVIDED. THIS DOES NOT SERVE AS PRESIDENT AND EVERYBODY IS GOING TO START

DOING THAT ACROSS THE AREA. >> GRANTED, NOT EVERYBODY HAS SUCH A MASSIVE FAMILY BUT I UNDERSTAND AND I LOVE THAT.

MAY I ASK A QUESTION OF MISS BISHOP ?

>> ABSOLUTELY. >> WHEN REQUESTING THEY VARIANCE IS AT THE LIVING SPACE OR THE SQUARE FOOTAGE OF THE ACCESSORY FAMILY UNIT. YOU KEPT GOING BACK TO 3500.

>> WE COUNT THE TOTAL SQUARE FOOTAGE.

>> SO, IT IS ALMOST 3 TIMES WHAT IS THERE RIGHT NOW, AFTER THE ADDITION. IT IS A BIG ASK BUT IT IS AN UNUSUAL CIRCUMSTANCE AND I DO UNDERSTAND THAT.

>> IT IS AN EXTREME EVERY CIRCUMSTANCE AND AN AFU IS ALLOWABLE IF YOU MEET CODE REQUIREMENTS BUT THE FAMILY HAS OUTGROWN CODE REQUIREMENTS ON THE FACT THAT THERE IS A HARDSHIP, THEY COULD BUILD A STRUCTURE RIGHT THERE IF THE HOUSE DID NOT HANG OVER 25 FEET BUT IT DOES.

[00:25:05]

>> IT DOES. AND THERE IS NO WAY TO REORIENT THINGS?

>> IT'S NOT SO MUCH THE ORIENTATION. CUSTOMARY LOCATION IS THE MOST SUITABLE LOCATION FOR THIS HOUSE. FOR THE CARE AND CAPACITY OF THE LAND AND THE FACT THAT THE CUSTOMARY LOCATION IS BETTER WHEN PEOPLE DRIVE BY. IT IS NOT SOMETHING BRAND-NEW THAT IS GOING TO STICK OUT AND DOES NOT NORMALLY THERE. REORIENTING IT -- WE ARE ASKING FOR AN INCREASE IN SQUARE FOOTAGE. OVER 2000 SQUARE FOOT FOR AN AFU. NO MATTER WHERE YOU PUT IT.

>> THAT IS SOMETHING THAT WILL BE SEEN. THERE IS NO WAY YOU CAN PUT THREE TIMES THE SIZE OF A HOUSE AND NOT HAVE IT BE

AN IMPACT THAT, OKAY. >> IT WILL NOT BE A MEGA-MANSION LIKE YOU SEE ON THE WATER. AS YOU CAN SEE BY THE THE ELEVATIONS , IT IS VERY COMMENSURATE WITH THE AREA. IT WILL BE IN AND UNDER THE TREES AND IT WILL BE BEAUTIFUL. THIS IS THE FRONT AND YOU CAN SEE THE GARAGE ANGLED TO MEET THE

LOOP AND THIS IS THE REAR. >> OKAY. THANK YOU.

>> YOU ARE WELCOME . >> MR. GREEN.

>> JUST A FOLLOW-UP QUESTION. THESE ARE TWO SEPARATE LOSSES

FAR AS LOT COVERAGE GOES? >> IT WOULD HAVE TO MEET CODE.

I HAVE NOT REVIEWED THESE BUT IF YOU WERE BUILDING -- THERE WERE TWO SEPARATE LOTT SAID YOU WERE BUILDING A DWELLING LOT ON EACH UNIT IT WOULD BE CODE.

>> OKAY. I JUST WANTED TO CLARIFY. MY QUESTION IS, YOU ARE BASICALLY RAISING THE OLD BUILDING AND PUTTING A WHOLE

NEW STRUCTURE? >> YES.

>> AND IT WILL MEET ALL OF THE SETBACKS?

>> IT DOES. >> AND YOU WANT TO BRING THE EXISTING GARAGE IN COMPLIANCE WITH THE VARIANCE?

>> YES, SIR. IT IS 14 INCHES TOO CLOSE TO THE PROPERTY LINE.

COVERAGE ISSUE. IT MEETS THE REQUIREMENTS IN THE GARAGE IS

THE SETBACK ISSUE? >> THAT IS CORRECT. IT IS INCREASING THE ACCESSORY FAMILY UNIT BECAUSE IT SAYS YOU CAN'T GO MORE THAN 2000 SQUARE FEET . THAT IS TO MAKE IT SUBORDINATE TO A PRIMARY STRUCTURE AND THAT WILL REMAIN

. >> OKAY. I JUST WANTED TO MAKE CLEAR. THAT IS ALL. THANK YOU.

>> MR. MATOVINA. >> WHAT WOULD KEEP THEM FROM TAKING A PORTION OF THE SOUTHERLY LOT AND MATCHING AROUND THE HOUSE TO THE WATER? SO THAT THE HOUSE STILL MEETS THE SETBACK ? AND NOW THEY WOULD HAVE ONE HOUSE ON ONE LIGHT AND -- LOT AND ANOTHER HOUSE ON ANOTHER LOT.

>> THESE ARE EXISTED PLATTED LOTS OF RECORD SO THEY MAY HAVE SOME ISSUES TO DEAL WITH THE EXISTING PLAT AND HOW THEY ARE

BEING RECONFIGURED. >> THANK YOU.

>> MISS SPIEGEL. >> I HAVE A QUESTION ON SEPTIC

AND WELL. >> THE EACH HAVE THEIR OWN.

THERE IS CAPACITY FOR THIS LARGE OF A HOUSE?

>> YES. EACH HAS ITS OWN SEPTIC TO SERVE ITS OWN HOUSE.

>> OKAY. >>

>> THIS MAY BE A QUESTION FOR LEGAL. YOU PRESENTED AN ARCHITECTURAL RENDERING. IT IS A ONE-STORY HOUSE. I WOULD MUCH RATHER SEE THAT THAN A WHAT IT TWO-STORY CAN ACCOMPLISH WITH THE SAME SQUARE FOOTAGE. HOW DO WE KEEP IT A ONE-STORY HOUSE? VERSUS, WE COULD END UP WITH A THREE-STORY HOUSE AND I MEAN, FOR SQUARE FOOTAGE, DO YOU SEE WHAT MY QUESTION IS? I DON'T KNOW IF I'M MAKING MYSELF

CLEAR? >> I DO NOT KNOW THAT YOU WOULD HAVE AN ISSUE WITH THE CONDITION THAT IT BE A ONE-STORY HOUSE. I THINK THERE IS A HEIGHT LIMIT.

>> THERE IS A WE ARE AWARE OF THAT.

>> DO YOU UNDERSTAND WHAT I AM ASKING?

>> YES. WE ARE NOT GOING TO END UP WITH A THREE-STORY

HOUSE. >> NO WE ARE NOT.

>> IT IS NOT A THREE-STORY HOUSE WITH THE SAME FOOTPRINT

>> THAT IS RIGHT. WE ARE UNDER THE REQUIREMENT. WE MEET ALL OF THE CODE REQUIREMENTS WITH THE SETBACK IN THE HEIGHT. IT CANNOT BE UNDER 35 FEET AND WE ARE UNDER THAT. ABOVE THE GARAGE THERE IS A SECOND STORY. THERE ARE OTHER AREAS, BECAUSE THERE IS A TALLER ROOFLINE BUT IT WILL NOT BE A THREE-STORY HOUSE. BUT, IT DOES MEET THE --. IT DOES NEED TO BE

[00:30:05]

SUBORDINATE LOOKING AT IT ABSENTLY IS.

>> I UNDERSTAND HE WANTED TO LOOK SIMILAR TO WHAT HE HAS

ALREADY GOT. >> THE OWNERS ARE COGNIZANT.

THEY HAVE SPENT TWO YEARS DESIGNING THIS HOUSE FOR THIS HOMESTEAD AND THERE HAS BEEN A LOT PUT INTO IT. THEY WANT TO MAKE SURE THAT THE HOUSE IS NOT TURNING ITS BACK TO ROSCOE. SO THE ARCHITECTURE IS NOT GOING TO BE THE BACK OF A HOUSE OR THE BACK OF A MEGA-MANSION. THEY PUT A LOT OF THOUGHT INTO

THAT. >> I JUST WANT THAT ON THE

RECORD. >> MISS BISHOP, DO YOU HAPPEN TO KNOW IF THERE ARE SIMILAR REQUESTS ON ROSCOE? I KNOW THERE ARE A TON OF LOTS IN SIMILAR SIZE THAT ARE COMBINED AND EITHER HAVE GARAGES OR -- UPFRONT. HAS THIS KIND OF REQUEST COME HERE BEFORE THAT YOU KNOW OF?

>> I DO NOT KNOW THE NUMBER OF VARIANCES OR AFUS THAT ARE LOCATED ON ROSCOE BUT I THINK THIS MIGHT BE ONE OF THE

LARGEST THAT WE HAVE SEEN. >> OKAY. ANY OTHER QUESTIONS FROM AGENCY MEMBERS? SEEING NONE, IS THERE ANYONE IN THE AUDIENCE OR TO SPEAK ON ITEM NUMBER TWO. IF NOT, WE ARE BACK TO THE AGENCY FOR A MOTION. MR. GREEN.

>> I WILL TAKE A STAB AT IT. YOU HAVE GOT TO LOOK AT HE HAS GOT TWO LOTS IN REALISTIC TERMS . I AM GOING TO MAKE A MOTION TO APPROVE ZVAR 2023-35 HARPER AFU VARIANCE, BASED UPON FIVE FINDINGS OF FACT AND SEVEN CONDITIONS AS PROVIDED IN

THE STAFF REPORT. >> WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND?

>> I WILL SECOND. >> A SECOND BY MR. PIERRE. ANY DISCUSSION? NO QUESTIONS BUT, AT FIRST GLANCE, THE ASK SEEMS A BIT EXCESSIVE. BUT, WITH YOUR ARGUMENT, ALTHOUGH I THINK IT IS KIND OF A STRETCH BUT HAVING THE FAMILY COME UP HERE AND EXPLAIN THE REASONING BEHIND IT KIND OF HELPS ME GET THERE A BIT BETTER. I DON'T HAVE A REAL ISSUE WITH IT.

GOING DOWN ROSCOE THERE ARE LARGE AFUS, MAYBE NOT THE SIZE, OR GARAGES THAT ARE VERY PREVALENT ON THAT ROAD SO I DON'T THINK IT IS OUT OF CHARACTER. I DO NOT HAVE AN ISSUE. I JUST WANTED TO SHARE MY OPINION. ANYBODY ELSE?

>> I JUST DO WANT TO SAY THAT THIS IS A HARD ONE. I HAVE GONE BACK AND FORTH A LOT ON THIS. I THINK IN THE INTEREST OF FAMILY UNITY AND I LOVE THAT. I WISH I HAD A BIG PLACE WHERE MIKE KIDS COULD COME AND STAY AND LIVE. I WILL SUPPORT IT

[3. NZVAR 2023-22 Welton Pool & Spa Signage. ]

JUST FOR THAT REASON. I THINK IT IS A BIG ASK AND I DON'T KNOW IF THERE WILL BE PUSHBACK BUT THAT IS OUTSIDE OF OUR

PURVIEW AT THIS POINT. >> ANY FURTHER DISCUSSION? LET'S REGISTER THE VOTE. THAT MOTION PASSES, 4-2. THANK YOU.

ONTO ITEM NUMBER THREE. MR. WELTON. DOES ANYONE HAVE

EXPERT TAKE? >> YES. I DID DO A SITE VISIT

AND A DRIVE-BY. >> OKAY. GO AHEAD. YOU HAVE THE

FLOOR. >> GOOD AFTERNOON. I AM AMBER WELTON AND MY HUSBAND IS NOAH WELTON AND WE OWN WELTON POOL AND SPA SIGNAGE AND WE ARE HERE FOR A VARIANCE TO REQUEST AN INCREASE FOR THE SIZE RESTRICTIONS ON OUR BUILDING.

JUST TO SHOW YOU WHAT WE ARE PROPOSING HERE, THIS IS CHANNEL LETTERS SIGNAGE ON THE NEW BUILDING THAT WE PURCHASED LAST SEPTEMBER AND CURRENTLY THIS PROPERTY HAS A PSD ZONING, WHICH IS KIND OF RARE FROM WHAT WE UNDERSTAND AND THIS ZONING HAS A MORE STRINGENT SIGNAGE ALLOWANCE AND THEN WHAT NORMAL ZONING WOULD ALLOW FOR THIS KIND OF PROPERTY. IT IS LOCATED DIRECTLY ON U.S. ONE SOUTH AND THAT HAS A PRETTY FAST SPEED LIMIT ALONG THAT FRONTAGE.

[00:35:04]

THERE IS SOME RESIDENTIAL AROUND US BUT THERE IS COMMERCIAL BEHIND US AND, SO, THIS WILL SHOW THE PSD ZONING THAT WE ARE LOCATED IN AND THE ZONING MAP AROUND US. THERE IS SOME COMMERCIAL GENERAL AND SOME PUD ZONING AROUND US.

MIXED-USE FOR THE FUTURE LAND-USE. JUST POINTING OUT THAT IT IS A FOUR LANE ROAD IN FRONT OF US ON U.S. ONE SO THE SPEED LIMIT IS PRETTY FAST AND THE ZONING, WITH THE PSD, ONLY ALLOWS US 50 SQUARE FEET TOTAL SIGNAGE ON THE BUILDING.

CURRENT ZONING WOULD ALLOW UP TO 200 SQUARE FEET AND WE ARE PROPOSING TO HAVE A TOTAL OF 130 SQUARE FOOT OF SIGNAGE ALONG THE BUILDING SO THAT WE CAN GET PROPER VIEWING FROM THAT HIGH-SPEED TRAFFIC ALONG U.S. 1 SO WE DON'T CAUSE ANY STOP AND GO OR SAFETY ISSUES OR ANYTHING LIKE THAT. SO, PRETTY STRAIGHTFORWARD WHAT WE ARE ASKING. OUR PROPOSED SIGNAGE EXCEEDS THE LIMIT IMPOSED BY CURRENT ZONING AND IT WOULD RESTRICT THIS TO 10 SQUARE FEET PER SIGN OR SECTION, NOT EXCEEDING 50 SQUARE FEET AND THE CURRENT ZONING DESIGNATION AND THE LAND DEVELOPMENT CODE BUSINESSES ARE PREVENTED UP TO 150 SQUARE FEET HER SON NOT TO EXCEED 200 SQUARE FEET. BASED ON OUR BUILDING SIZE AND SQUARE FOOTAGE, 150 FEET WOULD NORMALLY BE ALLOWED AND WE ARE PROPOSING TO HAVE THAT 130 SQUARE FOOT OF SIGNAGE. AGAIN, THIS IS THE RENDERING OF WHAT WE ARE PROPOSING. WE THINK IT WOULD POSITIVELY CONTRIBUTE TO THE VISUAL LOOK OF THE BUILDING ITSELF AND IT WOULD NOT CAUSE A NUISANCE OR ANY OBJECTIONS TO THE SURROUNDING PROPERTY OWNERS THAT WE ARE AWARE OF. WE FEEL LIKE IT WOULD BE A GREAT ADVANTAGE TO OUR BUSINESS AS FAR AS VISIBILITY

AND RECOGNITION. >> THANK YOU. DOES ANYBODY

HAVE QUESTIONS? >> THIS IS MORE FOR LEGAL.

AT ONE TIME I HAD A FAMILY MEMBER ON THIS PROPERTY. MI OKAY TO VOTE ON IT? I HAD NO FINANCIAL BENEFIT ?

>> IS THE FAMILY MOMENT -- MEMBER A PREVIOUS OWNER OR DID

THEY SELL THIS TO WELTON? >> THE LAST OWNERS WERE JOE

GREEN AND CHAD RAVEN. >> I THINK OUT OF ABUNDANCE OF CAUTION YOU SHOULD RECUSE YOURSELF.

>> OKAY. >> MISS SPIEGEL.

>> YOU DID A VERY GOOD JOB ON YOUR PRESENTATION. I DRIVE BY THIS A LOT AND YOU HAVE SOME ADVERTISING UP THERE NOW,

DON'T YOU? >> WE DO. WE HAVE THE PROPER FORM SIGN OUT FOR THAT AND THAT WILL JUST BE TEMPORARY.

>> WE HAVE A BIG GIANT RUBBER DUCKY TO PROMOTE THE OPENING OF THE STORE AND THE SALE FOR A NEW PRODUCT THAT IS A TEMPORARY THING AND WE JUST WANTED TO HIGHLIGHT THE BUILDING BECAUSE PEOPLE HAVE COMMENTED THAT THEY HAVE NOT BEEN ABLE TO FIND IS SO EASILY BECAUSE THEY PASS BY US. THAT IS ANOTHER REASON WE ARE HOPING TO HAVE THE SIGNAGE SO IT IS EASILY RECOGNIZED WHERE WE ARE LOCATED. RUPERT THE RUBBER DUCKY IS GOING TO BE DONE BY THE END OF THIS MONTH AFTER THE GRAND OPENING AND ALL OF THAT IS COMPLETED.

>> I APPRECIATE YOUR SENSE OF HUMOR. IT IS DELIGHTFUL AND

CUTE. >> IT PUTS A SMILE ON YOUR FACE. HE'S PROBABLY 18 FOOT TALL. MY QUESTION WAS, IS THAT GOING TO BE OUR PERMITTED FIXTURE BECAUSE THAT SEEMS LIKE PRETTY SIGNIFICANT SIGNAGE BUT I DO APPRECIATE YOUR DESIRE TO GET PEOPLE TO NOTICE YOU. THAT WAS MY QUESTION.

>> ANY OTHER QUESTIONS? SEEING NONE, IS THERE ANYONE HERE TO SPEAK ON ITEM NUMBER THREE? OKAY. BACK TO THE AGENCY FOR A

MOTION. MR. MATOVINA. >> I WILL MAKE A MOTION TO APPROVE NZVAR 2023-22 WELTON POOL AND SPA SIGNAGE BASED UPON EIGHT FINDINGS OF FACT AND FIVE CONDITIONS AS PROVIDED IN

[4. MINMOD 2023-22 Turner Pool. ]

[00:40:05]

THE STAFF REPORT. >> SECOND.

>> WE HAVE A MOTION AND A SECOND BITE MR. PETER. ANY FURTHER DISCUSSION? SEEING NONE, LET'S REGISTER THE VOTE.

CONGRATULATIONS, THAT PASSES. ONTO ITEM NUMBER FOUR. MR. HOLLENBACH. DOES ANYBODY HAVE ANY X PARTAKE?

>> YES. I DID A SITE VISIT. I GOT AN EMAIL FROM A NEIGHBOR AND I DID BRIEFLY EASE WEEK WITH MR. TURNER ON THE WAY TO THE SITE COMMUNITY AND I'VE HAD A SMALL CONVERSATION WITH

THE NANNY. >> HELLO. I WORK FOR EPIC POOLS AND I AM PAUL CRUDEST. I AM REPRESENTING THE FAMILY FOR THIS VARIANCE. THIS MINOR MODIFICATION IS FOR RELIEF IN THE SIDE YARD SETBACK OF THE PROPERTY ADDRESSES 504 SOUTH HARBOR LIGHTS DRIVE. THESE JUST GO OVER THE PROPOSED SITE SETBACKS FOR THE PLAN. THE WATER EDGE WOULD BE AT 5.6 AND THE NEIGHBORS WOULD BE AT 3.6. THE POOL EQUIPMENT HAS A FIVE FOOT SETBACK. THE REAR SETBACKS, THERE ARE NONE ENDED BUTTS UP TO IT, AS YOU CAN SEE FROM THIS PLOTTED DIAGRAM AND YOU CAN SEE THAT THEY HAVE THE VEGETATIVE NATURAL BUFFER AND A WET ONE. EVERYTHING STOPS RIGHT WHERE THE HOUSE STOPS.

THERE IS A LOT OF THIS ALONG THE STREET INCLUDING SOME SIDE SWIMMING POOLS. YOU CAN SEE THAT 508 AND 404 , THEY DON'T GO AS FAR BACK AND THEY ARE A BIT MORE TOWARDS THE SIDE.

THIS IS THE PLANNED USE ELEVATED ZONING MAP. THE FUTURE LAND-USE. AND THEN, WE ARE JUST ASKING FOR RELIEF FROM THE SIDE YARD SETBACK FROM 10 TO FIVE DUE TO THE CONSERVATION EASEMENT IS IN THE REAR OF THE PROPERTY. THIS WOULD ALLOW US TO HAVE A POTENTIAL SWIMMING POOL ON THE SIDE YARD. I THINK WE HAVE HAD A COUPLE OF LETTERS FROM NEIGHBORS, THE HOA, THEY HAVE GOTTEN BEHIND US. THIS IS A SMALL COMMUNITY WITH JUST TWO OR THREE STREETS AND IT IS A PRETTY TIGHTKNIT GROUP. IT IS A BEAUTIFUL AREA AND EVERYBODY TAKES CARE OF THEIR HOMES AND LANDSCAPING. WE ARE JUST ASKING TO BEAUTIFY IT A BIT MORE.

>> MISS SPIEGEL. >> THIS IS ONE THAT YOU JUST HAVE TO SEE. IT IS HARD TO GET THE IDEA. I AM REALLY GLAD I WENT OUT THERE BECAUSE THE HOUSE NEXT DOOR HAS THE SAME CONFIGURATION. I WAS A LITTLE CONCERNED WITH THE CONSERVATION AREA RIGHT UP AGAINST THE PROPERTY LINE BUT REALLY IT IS NOT WET OR MARSHLAND AND EVERYBODY HAS A LONG WALKWAY TO THE WATERS EDGE. I DON'T HAVE A PROBLEM AT ALL WITH THIS. I THOUGHT IT LOOKED REALLY GOOD.

>> IT IS JUST THE WAY IT IS PLOTTED. IT IS HIGH AND DRY FROM THE BACK OF THE HOUSE. MANICURED GRASS AND IT LOOKS PRETTY HIGH AND DRY BUT WE DON'T WANT TO GO INTO ANY EASEMENTS OR BUFFERS IF WE CAN AVOID IT.

>> ANY OTHER QUESTIONS? SEEING NONE, DOES ANYONE IN THE AUDIENCE WANT TO SPEAK ON ITEM NUMBER FOUR? BACK TO THE AGENCY FOR A MOTION. MR. MATOVINA.

>> MOTION TO APPROVE MINMOD 2023-22 TURNER POOL, BASED UPON SIX FINDINGS OF FACT AND SEVEN CONDITIONS AS PROVIDED IN THE

STAFF REPORT. >> WE HAVE A MOTION FOR

[5. REZ 2023-30 Mai Office Complex. ]

APPROVAL. IS THERE A SECOND? >> SECOND.

>> THANK YOU. ANY DISCUSSION? SEEING NONE, LET'S REGISTER THE VOTE. THAT MOTION PASSES. THANK YOU.

>> THANK YOU. NEXT WE HAVE ITEM NUMBER FIVE. MISS TAYLOR.

DOES ANYBODY HAVE X PARTAKE? >> YES , MADAM CHAIR, I HAD A

[00:45:05]

SITE VISIT. >> THE LOCATION OF THIS PROPERTY IS ON THE EAST SIDE OF MULCHER HE RODE MULCHER HE -- IT IS IN THAT GENERAL AREA AND YOU CAN SEE THE SOUTH OVER HERE. JUST TO GIVE YOU A CLOSER LOOK AT THE EAST SIDE, IT IS SOUTH OF THE WALMART AND THERE IS A SELF STORAGE THERE.

ALONG THE OLD MOULTRIE ROAD THERE IS A NUMBER OF OTHER PROPERTIES. THERE IS THE WHITEHALL ONE THAT HAS BEEN THERE FOR A LONG TIME. THERE IS SOME TOWNHOUSE DEVELOPMENTS AND THE SINGLE-FAMILY DEVELOPMENT AS WELL BUT THEY ARE ALL SETBACK . THERE IS A SOCIAL SECURITY OFFICE AND THAT IS ALSO A MEDICAL OFFICE. JUST TO GET A BIT CLOSER YOU CAN SEE THOSE BETTER. IT IS IN A MIXED AREA. THAT IS THE CASE ALL THE WAY TO ST. AUGUSTINE SOUTH. ZONING IS A BIT MIXED IN HERE. WE ARE RIGHT HERE THE WALMART IS A PUD YOU HAVE CI AND CW. AND A FAIR AMOUNT OF OFFICE AND COMMERCIAL PROPERTY. SO WE ARE TRYING TO FIT INTO THE SAME --. THIS IS A CLOSER LOOK AT IT. IT IS 1.65 ACRES TOTAL AND IT IS JUST NORTH OF LEWIS POINT ROAD AND WE ARE ASKING FOR A COMMERCIAL NEIGHBORHOOD AND HE WOULD LIKE TO BUILD AN OFFICE THERE AT 8600 SQUARE FEET. IT DOES CONSIST OF TWO PARCELS AND WE WERE GOING TO DO ONE PARCEL AT A TIME BUT IT FELT LIKE IT WAS BETTER TO JUST PUT THEM ALTOGETHER. BECAUSE THE OWNERSHIP AND TYPES OF THINGS. AGAIN, IT IS THE WHOLE TRACT THAT WE ARE LOOKING AT SINCE HE OWNS ALL OF IT. THE FUTURE LAND-USE IS MIXED USE AND THAT EXTENDS INTO THE AREA. AGAIN, THAT IS ALONG THE MIXED USE ON OLD MOULTRIE ROAD . IT HAS LOTS OF MIXED USES. NOT SHOPPING CENTERS BUT MORE LIKE OFFICES ON SMALLER LOTS. IMMEDIATELY ADJACENT, THE ZONING AND LAND-USE IS HERE WITH MIXED-USE AND PUD TO THE NORTH. THAT IS THE WALMART TO THE EAST AND THE CI AND CW.

THEN MIXED-USE AND OR AND OP AS WELL AS A PUD. JUST TO LIST THE ZONING USE CATEGORIES. UNDER COMMERCIAL NEIGHBORHOOD IS RESIDENTIAL ONLY AS AN ACCESSORY.

NEIGHBORHOOD BUSINESS AND COMMERCIAL AND NEIGHBORHOOD PUBLIC SERVICE. I HAVE INCLUDED THESE BUT I JUST KIND OF PUT THESE AS A PLACE IN HERE IF WE WANT TO READ THROUGH THEM AT SOME POINT OR IF SOMEBODY HAS A QUESTION. BASICALLY YOU CAN LOOK AT THOSE USES OF SAY THAT THEY ARE APPROPRIATE. THEY ARE SMALL-SCALE TYPE USES IN THE OFFICE AND PROFESSIONAL AS WELL. THIS IS THE OVERALL SITE SO, THE TOTAL OF THE .78 ACRES IN THE COMPLEX AND THERE IS ABOUT 4.44 ACRES THAT WILL BE USED. HE DOES REQUIRE ABOUT 4.0 ACRES. HE HAS PERMITS FOR THAT AND MITIGATION. THE SOUTH PARCEL IS A LITTLE BIT LARGER AND THERE IS NOTHING INTENDED TO BE ON THAT AT THIS POINT.

[00:50:02]

JUST THOUGHT TO BRING THIS IN A LITTLE BIT CLOSER TO SHOW YOU THE OUTLINE BECAUSE OF SETBACKS AND THINGS LIKE THAT. THIS IS A BIT SMALLER THAN WHAT WAS PERMITTED BY THE WATER MANAGEMENT DISTRICT. BUT, THAT IS KIND OF WHAT WE HAVE HERE. IN ORDER TO MEET THE BUFFERS , WE KIND OF HAD TO SHRINK THINGS A LITTLE BIT. THERE IS ONE THING TO POINT OUT AND THAT IS A RIGHT-OF-WAY RESERVATION ALONG OLD MOULTRIE ROAD SO THAT WILL BE DEDICATED TO THE COUNTY. THERE IS ALSO AN EASEMENT THAT HAS BEEN GRANTED TO THE COUNTY FOR MANAGE PURPOSES. OR, IT WILL BE WHEN THE CONSTRUCTION PLANS ARE APPROVED. THOSE ARE APPROVED AND WAITING FOR REZONING. I PUT IN THE WETLANDS AND DIE THOUGHT THERE MIGHT BE SOME QUESTIONS ON THAT. YOU CAN SEE IT WAS A WET SITE. JUST SOME PICTURES. IF YOU DID NOT HAVE A CHANCE, THAT IS LOOKING AT THE SITE. THERE IS THE ZONING SIGN AND THAT IS LOOKING NORTH. THAT IS FROM THE SAME POINT LOOKING SOUTH TOWARDS LEWIS POINT. THAT IS THE SOCIAL SECURITY OFFICES AND THE ENTRANCE ON THE SIDE OVER HERE TO THE SINGLE-FAMILY HIDEAWAY . THAT IS JUST CLOSER TO SHOW YOU THE SOCIAL SECURITY OFFICE AND --. THIS BUILDING, IT DOESN'T REALLY HAVE A NAME BUT THIS IS OLD MANCINO AND IT HAS BEEN THERE QUITE SOME TIME AND IT IS LOOKING AT WHAT THAT PART OF OLD MOULTRIE ROAD LOOKS LIKE. THAT IS HIS BUILDING AND IT IS ACTUALLY TWO DIFFERENT BUILDINGS THAT WERE RECENTLY SOLD. SOUTH OF THAT IS MEDICAL OFFICES. IT USED TO BE A SURGICAL CENTER AND IT IS NOW ISLAND DOCTORS. THAT IS THE OLD MOULTRIE VILLAGE TOWNHOMES. NORTH FROM THE SITE, LOOKING TOWARDS THE NORTH SIDE YOU CAN SEE THE LINE THERE. THAT IS THE WHITEHALL OFFICE AND COMMERCIAL DEVELOP MEANT THAT WE WERE DISCUSSING. AND JUST THE BACK OF WALMART AND THE ONLY REASON I DID THAT IS YOU CAN SEE THAT ALL OF THAT VISITATION REMAINS NO MATTER WHAT IS BEING BUILT ALONG THERE. SO, WE FEEL LIKE IT IS COMPATIBLE. IT IS AN ESTABLISHED MIXED-USE DISTRICT ALONG OLD MOULTRIE.

IT HAS THE SAME KIND OF USES AND ACTIVITIES. THE LAYOUT FOR THE OFFICE BUILDING IS PRETTY WELL SET BECAUSE IT IS THROUGH PERMITTING WITH THE DISTRICT AND THE COUNTY SO YOU CAN BE COMFORTABLE WITH THAT. RIGHT-OF-WAY IS BEING PROVIDED AS WELL AS A DRAINAGE EASEMENT TO THE COUNTY. IT MEETS ALL OF THE SETBACKS AND REQUIREMENTS FOR BUFFERING AND TO ALL OF THE AXIS FOR PARKING, LOADING, AND ALL OF THOSE. CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE PLAN. IT REALLY WILL NOT HAVE A BIG IMPACT ON THAT PARTICULAR NEIGHBORHOOD. IN THAT AREA. AGAIN, PLANS FOR FUTURE IMPROVEMENTS TO THE ROAD. THE CHANGES CONSISTENT WITH THAT AREA AND AGAIN, WITH THE LAND-USE . WITH THAT, I ASK FOR A RECOMMENDATION FOR APPROVAL AND I AM HAPPY TO

ANSWER ANY QUESTIONS. >> ANY QUESTIONS FROM AGENCY?

MISS SPIEGEL. >> I AGREE WITH COMPATIBLE, FOR SURE. THE WHOLE AREA, I GET IT. THIS WOULD BE A GOOD FIT.

BUT, ALL OF THE WETLANDS. I KEEP SEEING DIFFERENT NUMBERS ABOUT HOW MUCH OF THE WETLANDS WILL BE IMPACTED. WETLANDS, THEY SERVE A PURPOSE EVEN IF IT IS JUST IN THE MIDDLE OF A BUNCH OF STUFF. LIKE PARKING LOTS AND BUILDINGS. TO ME THAT IS REALLY THE ONLY CONCERN. AT SOME POINT THIS IS GOING TO ALL GET BUILT OUT AND IT WILL CAUSE TROUBLE. LOOK AT OLD WATSON ROAD. THERE IS TROUBLE BECAUSE OF DEVELOPMENT AND SO THAT MAKES ME CAUTIOUS. THERE IS A LOT OF WETLANDS THERE AND THERE

[00:55:01]

REALLY IS NOTHING ELSE. THEY ARE JUST KIND OF STUCK IN THE MIDDLE SO I DON'T KNOW WHAT PURPOSE THEY ARE SERVING AND WHAT WILL HAPPEN WHEN IT IS GONE SO THAT IS MY CONCERN.

>> IT IS ONLY FOR THE DEVELOPMENT PORTION THAT YOU SEE ON THE SITE PLANNED. SO THOSE ARE THE ONLY IMPACTS TO THE WETLANDS. ANY OF THAT IS TAKEN INTO ACCOUNT WHEN YOU DO THAT SO, AS YOU CAN SEE, THAT IS JUST THE TOP PIECE OF THE PROPERTY SO, WHEN I SAID THE .4 OR WHATEVER, THAT IS JUST TAKING THAT INTO ACCOUNT. THAT PARTICULAR AREA RIGHT THERE.

>> WHICH ARE APPLICANT CONSIDER A CONDITION THAT IS THE EXTENT OF THE DEVELOPMENT? THAT THE REST OF THE WETLANDS WILL NOT

BE IMPACTED? >> HE COULD BE BUT I DO WANT TO

SHOW YOU SOMETHING. >> OKAY. SO, THIS IS THE SITE PLAN THAT WAS APPROVED BY THE WATER MANAGEMENT DISTRICT SO THERE IS A BIT MORE THAT HE COULD DO THE ON WHAT YOU ARE SEEING AND THAT IS WHY I PUT THAT THERE COULD BE AN ACCESSORY THING. AT THIS POINT HE DOES NOT HAVE ANY PLANS FOR IT. WE CAN ASK IF THAT IS A CONSIDERATION THAT THE BOARD WANTS TO CONSIDER.

WITH NOT? >> THAT IS WHAT HE HAS THE PERMIT FOR AND THE MITIGATION FOR. BY THE TIME WE GOT GOING WITH THE BUFFERS ON THE THINGS THAT WE HAD TO DO, IT KIND OF SHRUNK IT DOWN. HE HAD A LARGER BUILDING PLANNED AND STUFF

LIKE THAT. >> ANY OTHER QUESTIONS? SEEING NONCOM IS THERE ANYONE IN THE AUDIENCE HER TO SPEAK ON ITEM NUMBER FIVE. SEEING AND WE ARE BACK TO THE AGENCY FOR A

MOTION. MR. MATOVINA. >> I WILL MAKE A MOTION TO

[6. COMPAMD 2024-01 HB 1379 Amendments- Transmittal.]

RECOMMEND APPROVAL OF REZ 2023-30 MAI OFFICE COMPLEX BASED ON FOUR FINDINGS OF FACT, AS PROVIDED IN THE STAFF

REPORT. >> WE HAVE A MOTION FOR APPROVAL. A SECOND BY MR. PETER. ANY DISCUSSION? SEEING NONE, PLEASE REGISTER THE VOTE. THAT MOTION PASSES. ONTO ITEM NUMBER SIX. DO I NEED TO DO EX PARTE?

>> GOOD AFTERNOON EVERYONE. I AM GORDON SMITH AND I AM THE ASSISTANT DIRECTOR OF ENGINEERING AT THE ST. JOHN'S UTILITY DEPARTMENT. THIS IS THE FIRST HEARING ON TWO POLICIES. WE WANT TO CHANGE THE COMP PLAN AND THAT WAS DRIVEN BY STATE REGULATIONS COME DOWN OUT OF TALLAHASSEE KNOWN AS HOUSE BILL 1379. LET ME GET MY -- READY.

THERE WE GO. I WENT TO THE LEFT THE CAUSE KAREN WAS HERE.

THIS IS THE TRANSMITTAL HEARING. THIS INCLUDES TWO NEW POLICIES TO THE COMP PLAN AMENDMENT. THIS IS A REQUIREMENT OF HOUSE BILL 1379 REQUIRING -- REQUIRING SEPTIC IMPROVEMENTS. PROTECTING THE ENVIRONMENT IS NOT NEW TO OUR COUNTY OR STATE. IN 2008 THERE WAS THE LOWER ST. JOHN'S BASIN MANAGEMENT ACTION PLAN TO PROTECT FROM POLLUTION GETTING INTO THE ST. JOHN'S RIVER. THEN THERE WAS SENATE BILL 1712 AND THEN THIS PAST SESSION THEY ADDED HOUSE BILL 1379 THAT WOULD REQUIRE MORE ACTION TO THE COMP PLAN AT THE LOCAL LEVEL. SEPTIC TANKS. WE HAVE 25,000 SEPTIC TANKS IN ST. JOHN'S COUNTY AND 17 OF THOSE ARE ON ONE ACRE OR LESS.

IF THERE ARE SOME OLD PLATS OUT THERE , OR GRAVITY SEWER SYSTEMS THAT ARE NOT CLOSE BY, THEY PUT THESE CONVENTIONAL

[01:00:03]

SEPTIC TANKS IN. THIS WOULD BILL ADDRESSES HOW WE WILL ADDRESS THAT IN THE FUTURE. THEY WOULD LIKE US TO HAVE THE BILL AND EVERYTHING PASSED BY JULY 1 2024. I WANT TO GO OVER SOME QUICK TIMELINES FIRST. THE FIRST, THIS HEARING WILL GO TO THE BOARD AT THE NEXT BCC MEETING. THIS WILL COME BACK FOR AN ADOPTION MEETING THEN MAY 16, THIS WILL COME BACK TO THIS BOARD ON MAY 16 FOR ADOPTION OF THE POLICIES AND THEN ONTO THE BCC AND THAT WILL MAKE US COMPLY WITH STATE REGULATIONS HAVING THIS AMENDMENT DONE BY JUNE 1.

THIS IS REALLY REQUIRING THE COUNTY TO LOOK AT THE FEASIBILITY OF THE SEPTIC TANK SYSTEMS THROUGHOUT THE COUNTY.

THE FIRST STEP IS TO IDENTIFY THE PARCELS AND SEE HOW CLOSE THEY ARE TO OUR CENTRALIZED SERVER SYSTEMS. AND TO LOOK AT THE FEASIBILITY OF THOSE DEVELOPMENTS THAT ARE 50 LOTS OR MORE SO THAT WE CAN SEE IF IT IS FEASIBLE TO EXTEND SEWER TO THOSE FACILITIES. IF IT IS 10 OR 15 MILES AWAY, THAT WOULD NOT BE FEASIBLE. BUT WE HAVE TO DEVELOP A PLAN. THE SECOND CARPET PART IS LOOKING AT THE MAP OF THE AREA. LOOKING AT THE ST. JOHN'S AREA, IF YOU ARE WEST OF 95 THERE IS A LETTER THE MAP AREA THAT IF YOU ARE PUTTING IN A NEW DEVELOPMENT YOU HAVE TO MEET CERTAIN REQUIREMENTS AS. I PUT THIS TEXT THERE AND THIS IS THE ACTUAL TEXT. THE FIRST PART OF THE POLICY THAT WE ARE ADDING IS THE COUNTY SHALL CONSIDER THE FEASIBILITY OF SEWER WITHIN A -- AREA AND THAT IS LOOKING AT DEVELOPMENTS THAT WE HAVE IF IT IS LESS THAN ONE ACRE.

WHAT IS THE FEASIBILITY OF PROVIDING CENTRALIZED SEWAGE? WE HAVE TO LOOK AT THIS PLAN AND THE CAPITAL PLAN TO SEE IF THESE PROJECTS COMPLY. NEXT , WE HAVE TO LOOK AT THE FIVE-YEAR CAPITAL PLAN TO MEET THE TMDLS. SO WE HAVE TO LOOK AT FEASIBILITY TO COMPLY WITH THOSE DEVELOPMENTS. THAT IS REALLY WHAT WE ARE HERE FOR TODAY. FOR THE COUNTY TO DEVELOP FEASIBILITY PROJECTS FOR EXISTING AND FUTURE PROJECTS AND TO MEET POLLUTION REDUCTION LAWS. WE NEED TO IDENTIFY THE AREAS AND LOOK AT HOW WE WILL ADDRESS THAT. SO WE PROPOSE THE APPROVAL OF THESE POLICIES.

>> ARE THERE ANY QUESTIONS? >> I DID SPEAK WITH MR. BED LETTER ON THIS AND IT IS MY UNDERSTANDING THAT IF IT IS IN A PRE-EXISTING NEIGHBORHOOD OR DEVELOPMENT IT WOULD BE THE RESPONSIBILITY OF THE OWNER TO GET RID OF THEIR STEP TOO AND THEN CONNECT TO THE MAINLINE AND THEN THE COUNTY WOULD TAKE

CARE OF THE EXTENSION. >> IF YOU HAVE AN EXISTING SEPTIC TANK AND YOUR LOT IS LESS THAN ONE ACRE, THIS DOES NOT APPLY TO YOU. IF YOU ARE DOING NEW CONSTRUCTION, AND IT IS IN A BMAP AREA, YOU HAVE TO LOOK AT THESE REQUIREMENTS.

THEY HAVE ENHANCED NUTRIENT PRODUCTION AND AS YOU APPLY FOR THAT, THEY WILL HAVE MORE STRINGENT REQUIREMENTS TO DO NEW SYSTEMS. BUT THE EXISTING HOMEOWNERS, AS LONG AS EVERYTHING IS WORKING THERE IS NO IMPACT. I DO WANT TO POINT OUT IF YOU ARE BUILDING A HOUSE OUTSIDE OF THE BMAP AREA , MAYBE CLOSER TO THE COAST , I WOULD ENCOURAGE YOU TO CHECK WITH DENNIS TO SEE WHAT THE FUTURE PLANS ARE. THE SEPTIC TANK SYSTEMS ARE EXPENSIVE SO, IF IT IS CLOSE BY OR WE HAVE A PROGRAM IN THE AREA ALREADY, YOU MIGHT WANT TO WORK WITH US TO SEE IF YOU CAN CONNECT TO THE SEWER.

>> DID YOU SAY YOU HAVE A MAP WITH THAT?

>> YOU CAN SEE ON THE RIGHT-HAND SIDE IT IS THE CROSSHATCH AREA. IT IS WEST OF 95 ENDED DOES CREEP UP TO

[01:05:02]

ROSCOE BOULEVARD. THE NORTHERN PART OF THAT AREA IS IN THE BMAP AREA. IF YOU ARE IN THAT AREA CHECK WITH US AND FIGURE OUT WHERE YOU FALL THERE. THE SEPTIC TANK PERMIT IS PERMITTED THROUGH THE HEALTH DEPARTMENT AND THE STATE AND WE DON'T THINK THE UTILITY DEPARTMENT WILL GET INTO THAT.

BUT WE ENCOURAGE YOU TO CHECK WITH US TO SEE WHAT FUTURE PLANS WILL BE. THIS IS A FEASIBILITY REPORT TO LOOK AT AND IDENTIFY THE AREAS AND WHAT IS THE COST.

>> THAT IS GOOD FOR PUBLIC CONSUMPTION. THANK YOU.

>> MR. MATOVINA. >> GORDON, I AM NOT AWARE OF ANYTHING IN THE COMP PLAN AND REALLY WE RELY ON THE DEPARTMENT OF HEALTH WITH DETERMINING WHEN THOSE CAN BE

PERMITTED. IS THAT CORRECT >> THAT IS CORRECT.

>> AND THIS IS NOT ATTEMPTING TO IMPOSE ADDITIONAL RESTRICTIONS? WE WILL STILL BE FOLLOWING THE CURRENT ?

>> THAT IS CORRECT. >> MR. GREEN.

>> IF YOU LOOK AT THE MAP YOU CAN SEE , YOU HAVE FARMS AND IS THAT GOING TO AFFECT ANY MAYBE OF THE COMMERCIAL PART OF FARMING OR SOME OF THE COMMERCIAL DISTRICT WITHIN

THIS AREA? >> IT DEPENDS ON THE SIZE OF THE PROPERTY. IT DEPENDS ON THE RECHARGE AREA. WHEN YOU GET ONE ACRE OR BELOW, THAT IS WHEN YOU NEED TO LOOK AT THIS BUT IF YOU HAVE A FIVE ACRE TRACT, SEPTIC TANKS WILL BE ALLOWED OUTSIDE OF THE BMAP AREA. INSIDE YOU WOULD NEED TO

HAVE A DIFFERENT SYSTEM. >> SO YOU NEED TO HAVE A DIFFERENT SYSTEM IF YOU ARE WITHIN THE BMAP?

>> YES. IF YOU FALL BELOW ONE ACRE.

>> MY CONCERN IS SOME OF THE COMMERCIAL ROLE TYPE COMMERCIAL PROJECTS THAT WE HAVE. YOU DON'T HAVE SHOWERS OR ANY OF THAT TYPE OF STUFF BUT YET, THEY EMPLOY MAYBE HALF

A DOZEN PEOPLE. >> ANY OTHER QUESTIONS. SEEING NONE, IS ANYBODY IN THE AUDIENCE OR TO SPEAK ON ITEM NUMBER SIX? I GO TO AGENCY FOR MOTION. MR. MATOVINA.

>> MOTION TO RECOMMEND APPROVAL OF TRANSMITTAL OF COMPAMD 2024-01, TO ADD NEW POLICIES D.1.3.6 AND D.1.4.9 TO ADDRESS THE REQUIREMENTS OF HOUSE BILL 1379, SUBJECT TO THREE FINDINGS OF FACT, AS PROVIDED IN THE STAFF REPORT.

[7. Appointment to the Affordable Housing Advisory Committee. ]

APPROVAL AND A SECOND. ANY FURTHER DISCUSSION? SEEING NONE LET'S REGISTER THE VOTE. THE MOTION PASSES. THANK YOU.

ONTO ITEM NUMBER SEVEN. SO, RIGHT NOW, ELVIS IS THE AHAC LIAISON FROM PZA. HE WOULD LIKE TO BE REPLACED. IS THERE ANYONE ON THE BOARD THAT WOULD LIKE TO DO THIS? DO I NEED TO

DO THIS IN A CERTAIN WAY? >> THERE IS NO BEST WAY TO DO THIS. WE CAN DO A MOTION, A SECOND, AND BE APPOINTED.

* This transcript was compiled from uncorrected Closed Captioning.