[Call meeting to order] [00:00:09] >>> THE ST. JOHN'S COUNTY PLANNING ZONING AGENCY WILL NOW COME TO ORDER. WOULD YOU WLEEZ MROOEZ STAND AND JOIN US FOR THE PLEDGE OF ALLE ALLEGIANCE. THANK YOU. AND MS.-- WOULD YOU PLEASE READ THE PUBLIC NOTICE STATEMENT. >> I WOULD BE HONOURED CHAIR. THIS IS A PROPERLY NOTICED PUBLIC HEARING NELLED CONCURRENCE WITH REQUIREMENTS OF FLORIDA LAW. THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO THE AGENCY'S AREA OF JURISDICTION. AND BE GIVEN AN OPPORTUNITY TO OFFER COMMENT AT A DESIGNATED TIME DURING THE HEARING. WHICH WILL SPEAK AT A TIME DURING THE MEETING ON EACH ITEM AND FOR A LONG OF TIME AS DESIGNATED BY THE CHAIRMAN WHICH SHALL BE THREE MINUTES. SPEAKERS SHOULD IDENTIFY THEMSELVES WHO THEY REPRESENT AND THEN STATE THEIR ADDRESS FOR THE RECORD. SPEAKERS MAY OFFER SWORN TESTIMONY. IF THEY DO NOT THE FACT THAT THE TESTIMONY IS NOT SWORN MAYBE CONSIDERED BY THE AGENCY IN DETERMINING THE WEIGHT AND TRUTHFULNESS OF THEIR TESTIMONY. IF THEY DECIDE TO A DECISION WITH RESPECT TO ANY MATTER-- THEY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. TESTIMONY AND EVIDENCE UPON WHICH IS T APPEAL IS TO BE BASED. ANY PHYSICAL OR DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING SUCH AS DIAGRAMS, CHARTS, PHOTOGRAPHS OR WITNESS STATEMENTS SHALL BE PROVIDED TO THE CLERK FOR INCLUSION IN THE RECORD. FOR THE COUNTY. IN REVIEW OF APPEAL RELATED TO THEM. EACH ITEM THEY SHOULD STATE WHETHER THEY HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON. IF THE COMMUNICATION HAS OCCURRED. INVOLVED IN THAT COMMUNICATION. CIVILITY CLAUSE. WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES AND WE WILL AVOID PERSONAL ATTACKS. >> THANK YOU. [PZA Meeting Minutes for Agency Approval: 06/04/2026] NEXT WE HAVE MINUTES FROM THE JUNE 4TH TO 2026 MEETING. AND I DO APPRECIATE STAFF GETTING THE MINUTES OUT SO QUICKLY. IT DIDN'T USED TO BE THAT WAY. BUT WE REALLY GET THEM OUT FAST. WE HAVE TO APPROVE OR AMEND THOSE PARTICULAR MINUTES. SO IS THERE ANY COMMENT ON THAT? OR A MOTION? >> MOTION TO APPROVE? >> SECOND. >> OKAY. WE WILL DO A VOICE VOTE ON THAT. ALL IN FAVOUR? >> ALL: AYE. >> OPPOSED? THAT MOTION APPEARS TO PASS UNANIMOUSLY. BEFORE WE GET TO PUBLIC COMMENT, WE HAVE HAD A REQUEST TO MOVE ITEM NUMBER FIVE THE ASPEN WALL VARIANCE ON BROWARD STREET OFF OF 206 BRIDGE. THEY WANT TO MOVE UP BECAUSE APPARENTLY THE APPLICANT MELINDA LIBBY NEEDS TO LEAVE FOR THE AIRPORT OR SOMETHING LIKE THAT. SO IS THERE ANY OBJECTION TO MOVING THAT ONE UP TO NUMBER ONE? OKAY. ALL RIGHT SO WE WILL MOVE THAT [Public Comments] ONE UP. NOW WE'RE READY FOR PUBLIC COMMENT. AND WE WELCOME YOUR COMMENTS. SO YOU HAVE THREE MINUTES. IF YOU SPEAK NOW ON ANY PARTICULAR ITEM THAT'S ON THE AGENDA, YOU WILL NOT GET AN OPPORTUNITY TO SPEAK ONCE THAT AGENDA ITEM IS HEARD. SO IF YOU WANT TO SPEAK TO AN ITEM RIGHT NOW, GREAT. IF NOT, FINE. SO ANYONE HERE FOR PUBLIC COMMENT? SO COME FORWARD. GO TO ANY OF THE MICROPHONES, THERE ARE THREE. AND LET US HEAR WHAT YOU HAVE TO SAY. NAME AND ADDRESS FOR THE RECORD, SFLEEZ. >> GOOD AFTERNOON. O CONOR 4260 MYRTLE STREET ST. AUGUSTINE DISTRICT FIVE. AS SOME OF YOU MAY KNOW I'VE BEEN TO NBA OF THE PCA MEETINGS AND HAVE GIVEN PUBLIC COMMENT ON THE ISSUES OF VARIANCES AND REZONING. THESE REQUESTS ARE ALMOST ALWAYS GRANTED DUE TO THE HARDSHIP ON THE DEVELOPER. REGARDLESS OF WHAT LOCAL RESIDENTS STATE OR WRITE ABOUT THE DAMAGES BEING DOWN OUR NEIGHBOURHOOD. -- BEACH AND NORTH BEACH. THE RECENT DEVASTATING HOUSE FIRE IN PURPOSE POINT. [00:05:01] LOCAL DEVELOPERS JD DAVIS ALLSOP AND MANY OF THE LLCS THAT FORM UNDER THEIR ORGANIZATIONS ARE SYSTEMATICALLY CHANGING OUR FAMILY NEIGHBOURHOOD. THAT HAS HOME SETBACKS A QUIET 25 FEET INTO AN ARIZONA-LIKE TERRITORY. WHAT ARE THE HARDSHIPS TO THE RESIDENTS? LOSS OF FAMILY RESIDENTS. ALMOST EVERY HOUSE IS SOLD OR BECOMES A SHORT-TERM RENTAL OR IS DEMOLISHED AND BECOME TWOS HOUSES WHICH ARE NOW BEING REFERRED TO AS JODY BILL. THE STREAM ON THE ALREADY OUTDATED WATER AND SEWER SYSTEM AND RELIANCE ON SEPTIC SYSTEMS. THE NEW HOMES PUT UP BY THESE DEVELOPERS ARE SOLD AT EXORBITANT PRICES CLOSE TO OVER A MILLION DOLLARS, AND WHO BUYS THEM? THE LLCS FOR SHORT-TERM RENTALS. THE TRAGIC FIRE IN PORE POISE POINT JUST THE OTHER DAY AND THE FIRE DEPARTMENT OFFICERS AND LOCAL NEWS COVERAGE STRETCHED THE FOLLOWING ISSUES WITH FIGHTING FIRE. WHICH NOT ONLY TOTALLY DESTROYED THE HOME BUT DAMAGED BOTH ADJOINING HOMES. NUMBER ONE THESE HOMES WERE OLD WOODEN STRUCTURE. FIRE HYDRANTS BLOCKS AWAY. NOT THE REQUIRED MINIMUM OF 600 FEET AWAY. TOO FAR AWAY THE FIRES HAD TO USE PUMPERS AS WELL AS STRETCH FIRE HOSES MORE THAN A BLOCK. IN ORDER TO REQUEST ADDITIONAL FIRE HYDRANTS, THE WATER-- NEED TO BE AT LEAST 6 INCHES. MANY MANY MY AREA ARE ONLY 4 INCHES. MAKING THE LOCATIONS INELIGIBLE FOR INSTALLATIONS. WELL I'LL JUST SHOW YOU I'M RUNNING OUT OF TIME SO I JUST WANT TO SHOW PICTURES. THIS IS WHAT SHORT TERM RENTAL LOOKS LIKE. THAT'S A TYPICAL DAY. HERE'S THE BEFORE HOUSE. WHICH WAS SOLD AND THAT'S THE AFTER HOUSE. WHAT'S THE OUR NEIGHBOURHOOD IS BECOMING. THANK YOU. >> THANK YOU. YOU'RE UP, SIR. >> IS IT ALREADY ON? >> IT'S ON. >> OKAY, THANK YOU. GOOD AFTERNOON MY NAME IS DOUGLAS HENDERSON AND I'M 6649 BROWARD STREET AND I'M HERE TO SPEAK ON BEHALF OF MYSELF. THE CO-OWNERS OF 6649 WHICH IS MY SIFTER AND MY BROTHER-IN-LAW. AND AS CO-OWNERS OF THE PROPERTY ADJACENT TO THE ASPEN WALL PROPERTY, WE OPPOSE THE GRANTING OF A VARIANCE FOR THE FOLLOWING REASONS. THE VARIANCE REQUEST IS NOT A TRIVIAL NOR MINIMAL AMOUNT. IT IS A FULL 60% REDUCTION AND A REQUIRED SETBACK. IT IS ONE THING BUT AN ADDITIONAL 15 FEET IS EXCESSIVE TO THE AMOUNT OF IMPERVIOUS STRUCTURE ON THE PROPERTY WILL CAUSE A MAJOR ISSUE WITH FLOODING TO ADJACENT PROPERTIES. ALL IN PARTICULAR DURING HURRICANES. OFF TO THE NEXT PROPERTIES. THREE, THIS ADDITION IS IN KEEPING WITH THE CURRENT NEIGHBOURHOOD CHARACTER PARTICULARLY RECENT CONSTRUCTION OF THE STREET. FOUR, THE ADDITIONAL EFFECT OF SITE VIEWS OF SEVERAL PROPERTIES INCLUDING MINE. CREATED BY SOLID ELEVATED STRUCTURE FROM FRONT TO BACK. AS BOTH THE HOUSE AND INTENDED STRUCTURE OR ELEVATED ON CONCRETE ALREADY AND NOT GROUND LEVEL. THE ADDITION WILL NEGATIVELY AFFECT THE PRIVACY, ENJOYMENT AND USE OF OUR BACKYARD BY HAVING A STRUCTURE WHICH TOWERS ABOVE THE MAJORITY OF OUR YARD. THANK YOU. >> THANK YOU. SOMEONE MIGHT HAVE A QUESTION OF YOU. I DON'T KNOW MR. GREEN? DID YOU HAVE A QUESTION? >> I THINK DR. HENDERSON'S REFERRING TO ITEM NUMBER FIVE. IS THAT RIGHT? >> SIR? >> I THINK IT'S ITEM NUMBER FIVE YOU ARE REFERRING TO? >> WHEN YOU SAY ITEM NUMBER FIVE. >> ASPEN WALL? >> YES, SIR. >> OKAY. I JUST WANT TO CLARIFY. >> YEAH THE ONE THAT I THOUGHT THIS WAS THE FIRST. THIS IS THE ONE. >> IT IS NOT. THIS IS GENERAL PUBLIC COMMENT. SO UNFORTUNATELY SINCE YOU SPOKE JURISDICTION WON'T GET AN OPPORTUNITY TO SPEAK WHEN THAT ITEM IS HEARD. I THOUGHT I MADE THAT CLEAR. I'M SOREY. >> NO, I'M SOREY. >> THAT'S ALL RIGHT. >> SO IN OTHER WORDS WHAT I DID WON'T BE TAKEEN? >> WELL WE HEARD IT. WE HEARD YOU. >> OKAY. >> I DON'T KNOW WHAT WAS GOING ON. I'M SOREY. >> THAT'S FINE. YOU'RE FINE. YES, SIR. YOU'RE UP. >> YES, SIR MY NAME IS NICK SIE VECHLT RT--. >> ADDRESS? PLEASE? >> 57-- ROAD. IN AR-- FLORIDA. [00:10:01] I'M HERE TODAY TO REQUEST A WAIVER OF THE TIME LIMITS FOR VARIANCE REQUEST FOR 6951 CHARLES STREET. WE WERE PREVIOUSLY HERE REQUESTING A VARIANCE THERE. AND WE WERE DENIED OUR APPEAL BASED ON A WALL DEEMED TO BE NOT CODE COMPLIANT. BUT SINCE THE APPEAL, THE COUNTY HAS COME DOWN TO THE SITE AND THEY DEEMED THAT IT WAS CODE COMPLIANT. I HAVE BEEN ISSUED A PERMIT FROM MIKE ROBBINSEN AND PATRICK-- THEY VISITED THE SITE. SO WE ARE ASKING FOR A VARIANCE FOR THE SECONDARY SETBACK. SINCE WE HAD THAT APPEAL FOR THE WALL THERE'S A ONE YEAR TIME LIMIT. BUT WE'RE REQUESTING A WAIVER OF THAT TIME LIMIT TO BE ABLE TO PRESENT THAT VARIANCE REQUEST FOR 6951. AND I GUESS THE THING WOULD BE FOR GOOD CAUSE. YOU'RE ALLOWED TO REQUEST THAT WAIVER. AFTER THAT ONE YEAR TIME. AND I BELIEVE THAT THE GOOD CAUSE WOULD BE FOR THEM DENYING THE VARIANCE FOR NOT BEING CODE COMPLIANT. BUT WE WERE ACTUALLY CODE COMPLIANT AFTER UPON FURTHER REVIEW FROM THE COUNTY. SO WE JUST WANT A CHANCE TO BE HEARD ON OUR VARIANCE FOR THE SECONDARY SETBACK. IF THAT MAKES SENSE. >> OKAY. I DO REMEMBER THE ITEM VERY WELL. IT WAS PROBABLY SIX MONTHS AGO. FIVE MONTHS? >> YEAH. THERE WAS SOME QUESTION ABOUT THE BLOCKED WALL AND THE CODE COMPLIANCE AND WE HAD-- AND AFTER YOU KNOW-- A LITTLE BIT OF BACK AND FORTH AND THEY CAME DOWN TO OUR SITE AND READ THE CODE AND DEEMED IT WAS CODE COMPLIANT WHAT WE WERE DOING. SO OUR CONCERN WAS THE GARAGE BUT SINCE THEY HAD TIED THEM TOGETHER WE FELT THAT WE WOULD JUST LIKE THE CHANCE TO JUST PRESENT JUST THE SECONDARY SETBACK ALONE ON ITS OWN MERIT. WITHOUT HAVING TO WAIT A WHOLE ANOTHER YEAR TO PRESENT IT. >> I HEAR. WHICH WOULD BE ABOUT SIX MONTHS. I DO REMEMBER THE ITEM WELL. THERE WAS THE GARAGE VERY CLOSE TO THE NORTHEASTERN CORNER OF THE PROPERTY. >> CORRECT A SECONDARY SETBACK INSTEAD OF BEING 7 FOOT IT WAS 15 FOOT BECAUSE OF THE VACATED ROAD. >> ALL RIGHT GREAT. SO LET ME ASK THIS. THE WOMAN THAT LIVES JUST SOUTH OF YOU. IMMEDIATELY TO THE SOUTH. I KNOW YOU'VE FILLED IN ON YOUR LOT. SO THE WALL IS NOT THAT MUCH-- IT'S LESS HIGH FROM THAT FILL THAN EIGHT FEET. >> CORRECT TO FOLO DRAINAGE FOR THE FILL. >> BUT ON HER SIDE, OF THE WALL. THERE'S NO FILL. AND SHE'S LOOKING AT AN 8 FOOT WALL, RIGHT? >> YEAH-- BUT IF YOU WANT TO THINK ABOUT WHERE WE SHOW-- SO A LOT OF HOMES OLDER HOMES ARE LOW GRADE LEVEL. TO WHERE THEY FLOOD. SO WHEN YOU BRING IN FILL SO YOU CAN ACTUALLY AFFORD THE INSURANCE AND YOUR HOME'S NOT GOING TO FLOOD, IF YOU BRING IN FILL, THE ACTUAL CORRECT MOVE IS TO-- A VERY HIGH EXPENSE TOTOUS PUT A BLOCKED WALL UP TO PUSH THE DRAINAGE FORWARD AND BACKWARDS AND NOT ONTO HER WALL. IF WE WERE TO PUT FILL IN AND HAVE NO WALL AT ALL AND IT RAINS IT'S GOING TO GO ALL INTO HER YARD. SO NOW WE'RE DIRECTING THE WATER FORWARD AND BACKWARD WITH THE WALL PER CODE AND HOW IT WAS ENGINEERED TO DO TO GO TO THE DRAINS. SO AS IT MIGHT NOT BE AS THETIC AS SHE WOULD LIKE. IT'S ACTUALLY VERY FUNCTIONAL. AND THE REASON WE HAVE TO FILL IS BECAUSE THE LOT NEXT TO US IS AT THAT LEVEL. SO THEY WOULD BE DRAINING-- SO WE'RE FILLING TO THAT NINE FOOT LEVEL WHERE SHE'S MAYBE AT 7 FOOT DOWN THERE. SO THERE'S THAT TWO FOOT DIFFERENCE. BUT ON THAT DIFFERENCE IT'S COVERED BY THE EDGE OF THE WALL WHICH IS DIRECTING THE WATER TO THE DRAINAGE. >> OKAY, GOOD POINT. WE HAVE SOME QUESTIONS OF YOU MR. LEVENOWSKY. >> THIS IS MORE FOR STAFF. IN REGARDS TO THE COUNTY COMMISSIONERS DENYING IT AS WELL AS US DENYING IT, WHICH INCLUDE THE GARAGE AND THE WALL, IS IT GOING TO HAVE TO COME BACKTOUS GOEN COVER BOTH OF THEM? >> YES, SIR. OSO JACOB SMITH WITH GROWTH MANAGEMENT. SO THE JUST TO GIVE A BIG PICTURE OF WHAT WE'RE TALKING ABOUT. ZONING BY THE PZA. THE LAND DEVELOPMENT CODE SAYS YOU CAN'T COME BACK AND ASK FOR A VARIANCE FOR ONE YEAR. AND UNLESS YOU ASK THE BOARD AND DEMONSTRATE GOOD CAUSE. AT THAT POINT, THE APPLICANT WOULD HAVE TO SUBMIT A WHOLE NEW APPLICATION. AND SO AS HE'S DESCRIBED, STAFF HAS WORKED WITH THE PROPERTY OWNER AND WE'VE BEEN OUT THERE AND WE FEEL CONFIDENT THAT THEY CAN DEMONSTRATE COMPLIANCE FOR THE WALL. SO THEY WOULD BE CHANGING THEIR APPLICATION AS YOU LAST SAW IT TO JUST INCLUDE THE GARAGE. AND HOWEVER THEY WANT TO DESIGN THAT. BUT IT HAS TO COME BACK AND IT HAS TO BE SUBMITTED AS A NEW APPLICATION. YOU WILL NOT BE HEARING THE PRIOR APPLICATION. IT WILL BE A FRESH NEW START AND WE WON'T BE DOING IT TODAY. THEY'LL HAVE TO GO THROUGH A WHOLE PROCESS OF SUBMITTING AND [00:15:03] SO FORTH. >> BUT AS FAR AS THE WALL IS CONCERNED. SINCE IT WAS DENIED BY BOTH PLANNING AND ZONING. SO RIGHT NOW ON RECORD IT'S DENIEDED. >> THAT'S RIGHT. BUT IT DOESN'T STOP YOU FROM RE-HEARING IT. BUT THE WALL ULTIMATELY THEY WERE ABLE TO DEMONSTRATE COMPLIANCE WITH THE CODE. SO IT DOES NOT NEED A VARIANCE OR WAIVER FOR THE WALL. THEY'VE BEEN ABLE TO DEMONSTRATE THROUGH THE SITE ENGINEERING THAT THEY MEET THE STAND TORD ALLOW THE EIGHT FEET. >> OKAY. THANK YOU. >> MR. OLSEN? OKAY. YEAH. QUICK QUESTION I GUESS THE STAFF. WHY ARE WE REFERRING TO A GARAGE? I DON'T SEE A GARAGE IN ITEM FIVE? >> THIS IS A REQUEST FOR-- TO MOVE THIS ITEM UP. >> IS THIS BROWARD STREET? >> NO. >> OH. WHICH ONE. >> IT'S CHARLES STREET. IT'S NOT ON THE AGENDA. WE'RE STILL ON PUBLIC HEARING. . >> I'M JUST REQUESTING TO BE ABLE TO BE HEARD AGAIN WITH A NEW APPEAL CASE WITHIN A YEAR. JUST A REQUEST TO BE SEEN AGAIN. A WAIVER OF THE GOOD CAUSE I FEEL LIKE FOR WAIVING THAT ONE YEAR CLAUSE TO NOT BE HEARD. >> THANK YOU. CLARIFY. MR. GREEN? >> YEAH. MORE QUESTION FOR MR. JAKE. SEEN WHAT THE APPLICATION. I MEAN YOU ALL BEEN IN CONTACT ON WHAT'S-- AND IS IT DIFFERENT ENOUGH IN YOUR FEELING--. >> I DON'T HAVE A PROBLEM WITH IT. BUT I JUST WANT TO MAKE SURE IT MEETS THE STAFF CRY DWREER. AS NEW APPLICANT OR ARE WE JUST SEEING THE SAME CAKE WITH A DIFFERENT FROSTING? >> WELL YOU ULTIMATELY ARE GOING TO SEE SOMETHING DIFFERENT BECAUSE YOU NEVER SAW THE APPLICATION FULLY AS THEY ORIGINALLY SUBMITTED. THEY ORIGINALLY SUBMITTED JUST FOR THE GARAGE, THE OUTBUILDING SETBACK RELIEF PRYER TO GOING THROUGH WITH THAT PUBLIC HEARING, WALL WAS BROUGHT TO OUR AZPENGS THAT CREATED A CASCADE AFFECT WHERE THE WALL WAS ADDED TO THE VARIANCE REQUEST. AND SO YOU ALWAYS VIEWED THAT VARIANCE REQUEST WITH BOTH A GARAGE AND A WALL AND NEVER WITH JUST A GARAGE. SO IT WILL BE DIFFERENT THAN WHAT YOU'VE SEEN BEFORE. AND AGAIN I'M NOT GOING TO MAKE THE OPINION WHETHER GOOD CAUSE OR NOT BUT IT IS A DIFFERENT APPLICATION THAN YOU'VE VIEWED BEFORE. >> SO JUST TO BE CLEAR. IT'S A TOTAL DIFFERENT APPLICATION TRYING TO BE WITHIN THE CODE OF WHAT WE FEEL IS BEEN TOLD IS COMPLIANT. WE'D JUST LIKE TO BE HEARD TO SHOW THAT NEW APPLICATION. >> IS THERE ANYONE ELSE HERE THAT WANTS TO SPEAK DIRECTLY TO THIS PARTICULAR ITEM ON CHARLES STREET? SEEING NONE, WE ARE BACK INTO THE AGENCY AND THE BOARD FOR A DISCUSSION AND A POSSIBLE MOTION TO ALLOW THIS TO BE MOVED UP. >> I'LL PUT A MOTION ON THE FLOOR FOR DISCUSSION. IF IT GETS SECONDED, IT GETS SECONDED. IF NOT, WE MOVE ON. AND YOU KNOW-- AS WE ARE UP HERE TO TRY TO THEY WERE RESIDENTS OF ST. JOHN'S COUNTY. AND I FEEL THAT THIS IS ZPIFRNT IT'S SOMETHING THAT IT SEEMS LIKE NEEDS TO BE AT LEAST FOR US TO LOOK AT. SO ON THAT, I DON'T MIND WAIVING THE ONE YEAR WAIT PERIOD. ALTHOUGH YOU'RE PROBABLY A COUPLE MONTHS BEFORE YOU GET IN HERE. BUT I DON'T HAVE A PROBLEM REVISITING IT, I GUESS. >> OKAY. ANY OTHER DISCUSSION M MR. LEVENOWSKY? >> JACOB, IS THIS GOING TO BE RE-ADVERTISED AND EVERYTHING AND NOTIFIED OF THE SURROUNDING HOMEOWNERS? >> YES, SIR. LIT START AS A BRAND NEW APPLICATION. WHICH INCLUDES NEWSPAPER NOTICE AND MAILING OF ADJACENT PROPERTY OWNERS AND A SIGN ON SITE. >> OKAY. JUST AMONG THE BOARD. I DON'T HAVE A PROBLEM REHEARING IT. I DON'T KNOW THAT ANYTHING HAS REALLY CHANGED AS FAR AS THE GARAGE GOES BUT WE'LL SEE. AND I THINK EVERYBODY SHOULD HAVE A CHANCE. WALL WAS PRETTY JARRING BUT IF IT PROVES COMPLIANCE. I WOULD SECOND YOUR MOTION IF YOU MADE A MOTION. WHICH YOU DIDN'T. >> OKAY DO WE WANT A FORMAL VOTE? OR A VOICE VOTE? DO WE HAVE A CONSENSUS? >> IF YOU HAVE CONSENSUS THAT IS ESSENTIALLY A FULL VOTE. SO THAT WOULD BE OKAY. BUT ALSO ESSENTIALLY A VOTE. UNANIMOUS VOTE. >> DO WE HAVE CONSENSUS? MR. OLSEN? >> THE APPLICANT THAT WAS [00:20:13] DENIED WANTS TO COME BACK PRIOR TO THE 12 MONTH PERIOD. IS THAT WHAT WE'RE TALKING ABOUT? AND WHAT IS COMING BACK TO US? >> SO A NEW APPLICATION FOR THE GARAGE. SOLELY THE GARAGE. NOTHING TO DO WITH THE WALL. >> IS IT THE SAME GARAGE? >> NO, SIR. >> IT WILL BE A MODIFIED FOR THE GARAGE. OKAY I CAN SUPPOR THAT. >> SNEV. >> OKAY. >> WHATEVER YOUR SMOEGS. OKAY. IF WE CAN HELP OUT. A RESIDENT OF ST. JOHN'S COUNTY I'M IN FAVOUR OF IT. >> OKAY. LET'S DO A VOICE VOTE THON. NAUL FAVOUR SAY AYE. >> AYE. >> OPPOSED. >> AYE. >> PASSES FIVE TO ONE. >> THANK YOU, SIR. >> ALL RIGHT. ANYONE ELSE FOR GENERAL PUBLIC COMMENT ON ANYTHING THAT IS NOT [5. ZVAR 2026-19 Aspinwall Variance. A request for a Zoning Variance to Section 6.01.03.C.3 & 2.02.04.B.16.E of the Land Development Code to allow for a second Front Yard setback of ten (10) feet in lieu of the required twenty-five (25) feet for a Through Lot located in Residential, Single-Family (RS-3) zoning to accommodate an Accessory Family Unit (AFU). The subject property is specifically located at 6665 Broward Street.] ON THE REGULAR AGENDA? SEEING THEN NONE WE'RE GOING TO GO AHEAD AND TAKE ITEM NUMBER FIVE THE ASPEN WALL ZONING VARIANCE ON BROWARD STREET UNDER CONSIDERATION. SO IF MELINDA LIBBY WAS GOING TO BE HERE. BUT APPARENTLY IT'S YOU. >> IT'S ME. >> OKAY. LET US HEAR WHAT YOU HAVE TO SAY. EX EXPAR--. >> YES I VISITED THE SITE. AND I ALSO TALKED TO STAFF. IN REGARDS TO THE PROJECT. AND I GOT ONE E-MAIL FROM STAFF. >> MS. SPIEGAL. >> YES JUST GOT AN E-MAIL TODAY. I DID A SITE VISIT AND A HAD A NICE CONVERSATION AND A TOUR WITH TRACY ASPENWALL. >> MR. OLSEN? >> VISITED THE SITE. AND HAVE I GUESS A LETTER OF CONCERN ABOUT IT. SO THAT'S IT. >> MR. GREEN? >> VERY FAMILIAR WITH THE SITE. AND HAD AN EARLIER CONVERSATION WITH DR. HENDERSON ON IT. >> UH-- I HAVE ALSO VISITED THE SITE. AND I HAVE A GOOD FRIEND THAT USED TO LIVE ON BROWARD STREET JUST TO THE NORTH OF THIS PROPERTY. ON THE BEACH SIDE. THE FLOOR IS YOURS. >> THANK YOU. MY NAME IS BRUCE LITTY I LIVE AT 460 TRADE WIND LANE. TIME CONSTRUCTION FIELD MANAGER FOR SPARROW CONSTRUCTION. WHAT WE HAVE IS A AFU THAT WE ARE TRYING TO BUILD FOR THE ASPENWALLS. AND WE'RE REQUESTING THE ZONING VARIANCE TO SECTION C-01 HCH 03-3-3 AND 2.204.B.16.E LAND DEVELOPMENT CODE TO ALLOW A SECOND FRONT YARD SETBACK OF TEN FEET IN LIEU OF THE REQUIRED 25 FEET TO ACCOMMODATE A 600 SQUARE FOOT ACCESSORY FAMILY UNIT WITH AFU LOCATED IN THE RESIDENTIAL SINGLE FAMILY RS3 ZONING SUBJECT PROPERTY SPECIFICALLY LOCATED AT A 6665 BROWARD STREET WHICH IS THE FRONT ENTRY OF THE LOT. WE'RE BASICALLY ASSERTING THAT WE ARE SEEKING A SECOND FRONT YARD SETBACK RELIEVE TO THE NARROWNESS OF THE LOT. 50 FEET WIDE. WE BUILT THEIR HOUSE THE ASPENWALLS HOUSE WITH A C.O. ON 218 OF 25. AND THEY DECIDED THEY WOULD LIKE TO MOVE FORWARD WITH AN AFU TO THE REAR LOT WHICH IS BASICALLY GOING TO FUNCTION AS AN-- A POOL HOUSE BASICALLY ON THE REAR OF THE LOT. WE APPLIED FOR THE PERMIT AND PUT IN THE RETAINER WALL. GRANTED THE PERLT. BUILT RETAINING WALL. GOT THE CERTIFICATE OF COMPLETION ON 217 OF 26 WE ALSO HAVE A D.O.T. LETTER AS WE WERE WORKING OFF OF THE EASEMENT THAT D.O.T. BASICALLY OWNS AND RUNS ON A1A BECAUSE THAT'S THE ONLY ACCESS ALLOWED TO THAT LOT FOR CONSTRUCTION. ITE TWOM ON THE INFORMATION WE HAVE HERE. LET'S SEE--. [00:25:11] THIS IS FROM PAUL HARVETY SENIOR FIELD REPRESENTATIVE BASICALLY STATING THAT THERE IS NO REASONABLE ACCESS FROM A1A BECAUSE OF THE STANDARDS OF A1A AND THE FACT WE HAVE BUILT A RETAINER WALL THERE AND SUBSEQUENTLY WE HAVE A HOUSE WE BUILT PREVIOUSLY. SO THAT IS PART OF THE HARDSHIP. WE DON'T HAVE ENOUGH ROOM TO GO AROUND NOIG PUT THE HOUSE ANY PLACE ELSE FOR THE ASPENWALLS. IT MET ALL REQUIREMENTS WITH OUR SITE PLAN WHEN WE PUT THE RETAINER WALL IN. WE WERE NOT INFORMED OF THE PROBLEM WITH THE SETBACK AT THAT TIME. WE LATER FOUND OUT WHEN WE APPLIED FOR THE PERMIT OF THE AFU THAT THERE WAS A 25 FOOT SECOND FRONT SETBACK AND THEREFORE WE DIDN'T HAVE ROOM TO PUT THE HOUSE ON TOP OF THE RETAINER WALL. THAT WE HAD ALREADY BUILT. SO WE ARE SEEKING RELIEF FROM THE SETBACK FROM 25 FEET TO TEN F FEET. >> OKAY, WE HAVE A FEW QUESTIONS? >> MR. OLSON? >> YES. I'M LOOKING FOR MORE COMPELLING INFORMATION ABOUT THE HARDSHIP. THERE ARE OTHER 50 FOOT LOTS IN THAT SUBDIVISION IN THAT AREA. LOOKS LIKE THE OWNER I BELIEVE HAS ACQUIRED THE LOT RECORDS SHOW COUPLE YEARS AGO WITH A SPECIFIC INTENT OF BUILDING A HOUSE ON THE SITE. KNEW THE CONSTRAINTS OF THE PROPERTY DIMENSIONS AT THAT TIME. WHAT IS THE UNIQUE HARDSHIP? >> WELL THE FACT THAT THE LOT IS ONLY 50 FEET WIDE THERE IS NO ROOM FOR BASICALLY TO GET AROUND. COUNTY SAYS IT IS A THROUGH LOT. AND THAT BASICALLY THE DRIVEWAY CAN BE ON EITHER SIDE OF THE LOT. AND THUS IT HAS A SECOND FRONT WHICH IS 25 FEET. HOWEVER, THAT 25 FEET IS NOT SHOWN. BASICALLY IT DISAPPEARS WHEN YOU SELECT A FRONT. SO WE SELECTED THE FRONT AS BEING BROWARD. THAT CHANGES THE SETBACK ON THE REAR OF THE LOT TO A TEN FOOT SETBACK. WHICH IS THE MINIMUM ALLOWABLE FOR THE RS3 ZONING. IT'S SET AT 25. BUT A MINIMUM ALLOWABLE IS TEN. AND WE ON OUR ORIGINAL SITE PLAN FROM THE HOUSE BUILD, OUR FRONT SETBACK IS 25. SIDES ARE EIGHT. AND THE REAR IS TEN. BUT NOW WHEN WE'VE GONE TO BUILD THE AFU, THE COUNTY CHANGED THE SETBACK TO 25. >> SUBSEQUENT-- THE COUNTY CHANGED THE SETBACK SUBSEQUENT TO--. >> MR. CHAIR, I'M GOING TO CHIME IN HERE. SO AS THE APPLICANT DESCRIBES, THIS IS A THROUGH LOT. IT'S GOT A ROAD ON BOTH SIDES. THE LAND DEVELOPMENT CODE SAYS ON THROUGH LOTS, WHICH IS LOTS THAT HAVE ROADS ON BOTH SIDES, ALL PORTIONERSED A JAYS TONIGHT STREET SHALL BE CONSIDERED AS A FRONT YARD FOR REGULATORY PURPOSES. NO ONE CHANGED ANY RULES. WHAT I ASSUME HAPPENED IS WHEN THE APPLICANT SUBMITTED FOR THEIR MAIN USE STRUCTURE AND HAD A TEN FOOT REAR LABEL ON THE BACK, THAT WAS NOWHERE NEAR WHAT THEY WEE BUILDING. IT WAS APPROVED AS BEING COMPLIANT SIMPLY BECAUSE THEIR SITE PLAN WAS COMPLIANT. AND THERE WAS PROBABLY ADMINISTRATIVE OVERSIGHT IN FORCING THEM TO CORRECT A LINE ON A PAGE THAT HAD NO CONSEQUENCE. OF COURSE ONCE THEY COME IN AND TRY TO PUT A STRUCTURE THAT THERE THAT THERE IS CONSEQUENCE. THEY WERE NOTIFIED HEY YOUR SETBACK IS THIS. THUS THEY ARE HERE SEEKING RELIEF. >> WELL I MEAN, I GUESS CONTINUING MY QUESTION, IT'S OBVIOUSLY A CONCERNING SITE. THE REQUIRED SETBACKS CONSTRAIN WHAT YOU CAN BUILD ON THE SITE. AND THE OWNER PRESUMABLY KNEW WHAT HE WAS BUYING WHEN HE BOUGHT THE SITE IN LOOKS LIKE 2021 I BELIEVE THE RECORD SHOWS. SO WE HAVE THE PART OF THE [00:30:05] GUIDANCE FOR EVALUATING A H HARDSHIP IS TO NOT CONSIDER HARDSHIPS IF THE OWNER ACQUIRED THE HARDSHIP. THAT'S JUST THE WAY I'M READING THE MATERIAL. WE HAVE IN FRONT OF US. SO-- THANK YOU. FOR YOUR ANSWER. >> YES, SIR. >> MR. LABANOWSKI. >> IS THIS GOING TO BE FOR FAMILY ONLY? OR A RENTAL ZBLUNT. >> NO, SIR. >> TO BEING REASON I'M ASKING. WHERE ARE THEY GOING TO PARK? YOU HAVE TO PARKING WHERE THE UNIT ITSELF IS. SO YOU'LL HAVE TO PARK OFF OF BROWARD? >> THE RESIDENTS THAT LIVE THERE NOW, TRACY AND ROB ASPINWALL EACH HAVE ONE CAR EACH. AND THEIR SON LIVES WITH THEM WHO HAS A CAR ALSO. DRIVEWAY ACCOMMODATES ALL OF THOSE VEHICLES. THE SON WILL MORE THAN LIKELY WHO IS A FIRST RESPONDER FIREFIGHTER HERE IN ST. JOHN'S COUNTY, WILL BE LIVING WITH THEM FOR THE NEXT FEW YEARS UNTIL HE ESTABLISHES A HOME. BUT THAT IS GOING TO BE USED SPECIFICALLY AS THEIR POOL HOME FOR WHEN GUESTS COME TO VISIT FORKER A WEEKEND OR WHATEVER. SO THERE'S PARKING ADEQUATE ON THEIR DRIVEWAY FOR FOUR VEHICLES. >> OKAY JUST WANTED TO MAKE SURE IT DIDN'T TURN INTO A RENTAL UNIT. AND YOU'RE GOING TO HAVE MULTIPLE CARS THERE TRYING TO FIND A PLACE TO PARK. >> NOWHERE. THEY ARE NOT FANS OF AIRBNBS. SO-- YES, SIR. >> ALL RIGHT, THANK YOU. >> MR. SPIEGEL. >> THANK YOU, CHAIR. OKAY I HAVE A COUPLE QUESTIONS. THIS IS GOING TO BE A 600 SQUARE FOOT ACCESSORY FAMILY UNIT? IS THAT WHAT I SNUNS SO THAT'S PRETTY SMALL. >> IT'S VERY SMALL. >> THAT'S REALLY SMALL. AND HOW TELL WILL THIS BE? >> IT'S GOING TO BE 14 FEET. A MONO ROOF. IN OTHER WORDS THE FRONT OF THE BUILDING FACING THE POOL WILL BE 14 AND IT WILL HAVE A 12'5" PITCH SO DOWN TO THE BACK IT WILL BE 9 ½ OR 10 FEET. >> AND HOW TALL WOULD THE FENCE BE? >> A 6 FOOT FENCE SAME AS THE CURRENT HOUSE ALSO. >> OKAY. SO IT DOESN'T SEEM LIKE A LOT OF OBSTRUCTION IN SIGHT LINE BECAUSE OF THAT. >> NO, MA'AM. >> AND CUT OFF THE SECOND FRONT YARD? THERE'S NO INGRESS OR DEGREES OUT? >> RIGHT. WE ARE-- RIGHT NOW I THINK 18 INCHES OFF OF THE PROPERTY LINE FROM THE REAR PROPERTY LINE. WITH THE RETAINER WALL. >> OKAY. AND-- I DID A LITTLE CALCULATION AND IF YOU HAD YOUR 160 FOOT DEEP LOT BY 50 FEET WIDE AND HAD TO HAVE 50 FEET OF SETBACK, THAT'S A 31% REDMUKZ YOUR ABILITY TO UTILIZE YOUR SITE. THIS BRINGS YOU DOWN TO ABOUT 20%. REQUESTING JUST A SMALL VARIANCE FROM THAT. ALL RIGHT SO IT'S VERY-- NO LONGER A THROUGH LOT. BECAUSE THERE'S NO ROAD. YOU HAVE BLOCKED OFF THE ROAD COMPLETELY. ALL RIGHT WELL THOSE WERE MY QUESTIONS. SO I GUESS WE'LL HEAR PUBLIC COMMENT. THANK YOU. >> THANK YOU. >> MR. MATOVINA? >> CAN YOU BLOW THAT UP A LITTLE BIT? IT'S REALLY HARD TO SEE. CAN YOU MAKE THAT BIGGER? >> UM, LET'S SEE. NO? I DON'T SEE ANY WAY. >> ONE OF THE STAFF SHOULD BE ABLE TO ENLARGE THAT. >> EVEN HAD--. >> THEY'LL BE ABLE TO ZOOM ON THE OVERHEAD FROM THE STAFF REPORT. IF YOU'VE GOT IT. YOU CAN PUT IT ON THE OVERHEAD THAT'D BE A BIG HELP. >> LET'S SEE. I BELIEVE THIS IS THE ONE. RIGHT THERE ON THE X MARKS THE SPOT. WELL. >> WELL THIS DOESN'T SHOW THE BUILDING. AS FAR AS I CAN TELL. SHOWS THE POOL. THIS IS THEIR EXISTING. [00:35:09] >> MR. LABANOWSKY'S GOT AN IPAD THAT'S SHOWING THIS. SO-- PASS THAT DOWN THERE. OKAY I REALLY WANTED TO SEE THE WHOLE LOT AT ONE TIME, BLOWN UP. I MEAN THIS JUST SHOWS THE PARTICULAR BUILDING. >> YEAH SO CLOSE IT UP SOME MORE. SO IT SHOWS. >> I WANT TO SEE THE WHOLE LOT. >> THERE YOU GO. >> OKAY SO THE WHOLE THING DRAINS TO A1A. SO THE PERSON PARKS IN THE DRIVEWAY AND WALKS AROUND. ON THE SIDEWALK OR SOMETHING? TO GET TO THE STRUCTURE? >> OTHER WAY. >> OKAY SO THE DRIVEWAY IS OUT HERE. >> YEP. >> AND THEN ON THIS SIDE OF THE HOUSE AND THIS SIDE OF THE HOUSE. AND THERE'S A WALKWAY. COMES AROUND TO THE POOL. THERE IS CURRENTLY A GATE AT THIS RED LINE. WHICH IS THE FENCE. WHICH WILL ACCESS THIS AREA. AND THERE WILL BE ON THE RETAINER WALL, THERE WILL BE ANOTHER 6 FOOT PRIVACY FENCE. WHICH ACTUALLY WILL BE NINE INCHES LOWER THAN THE EXISTING FENCE BECAUSE WHEN WE MET ROADS AND BRIDGES ABOUT THE RETAINER WALL, THEY LIMITED THE HEIGHT OF THAT WALL DUE TO THE RESIDENT NEXT DOOR. THERE'S A CODE WITH THE GARAGE AND THE HOUSE NEXT DOOR. SO WE ACTUALLY HAVE A STEP DOWN ON THAT RETAINER WALL TO BUILD THE AFU ON. >> AND WHAT IS THE-- IS THAT AREA NATURAL WHERE IT'S GOING? OR IS IT RIGHT NOW OR IS IT FILLED? >> I'M SORRY. >> IS THAT AREA NATURAL WHERE THE STRUCTURE-- NEW STRUCTURE IS GOING OR IS IT FILLED? >> IT ALREADY HAS A RETAINER WALL. AROUND THAT. YES THAT GREEN LINE IS THE ACTUAL RETAINER WALL THAT IS A COURSE OF CONCRETE FULL AND FILLED WITH DIRT. >> SO THE RETAINING WALL ON THE A1A SIDE IS THAT GRAYED ON THE OUTSIDE PRESUMABLY AND IS HOUSEHOLD? >> I'M SORRY I COULDN'T HEAR YOU. >> THE RETAINING WALL IS AT GRADE PRESUMABLY ON THE OUTSIDE ON THE A1A SIDE? AND IS-- HOW TALL IS THE WALL THERE? >> IT'S A COURSE OF CONCRETE TALL. IT'S ABOUT 5'9" TALL. >> OKAY SO THEN YOU'RE GOING TO HAVE A 6 FOOT FENCE ON TOP OF THERE. 12 FEET TALL. >> 11 FEET YES, SIR SOMEWHERE AROUND 10 OR 11. >> AND I ATSUNAMI GRADE WILL BE SET ROUGHLY AT THE TOP OF THE WALL. >> IT WILL BE CLOSE TO THAT YES, SIR. DEPENDING ON HOW MUCH FILL WE HAVE AND PAVERS AND THAT TYPE OF THING. >> HIGHER OR LOWER? >> HIGHER. IT WILL BE LOWER THAN THE WALL. BECAUSE WHEN WE PUT THE PAVERS AND EVERYTHING IN THERE FOR MAKING EVERYTHING LEVEL AND MEETING THE MINIMUM REQUIREMENT OF FINISH FLOOR, IT SHOULD ALL BE ABOUT THE SAME HEIGHT AS THE WALL IS NOW. >> OKAY. THANK YOU. >> YES, SIR, THANK YOU. >> MR. GREEN? >> SO-- THERE'S A LOT OF IMPEV USE SURFACE. WHERE IS ALL THE WATER FROM THE HOUSES DUE TO CONSTRUCTION AROUND THE POOL. WHERE IS IT ALL GOING? >> WELL WE HAD TO FOLLOW THE COUNTY DRAINAGE PLAN WHICH IS I BELIEVE PLAN C. WE COULDN'T HAVE OUR-- WE HAD EVERY FOUR FEET. WE HAVE WEEPS BASICALLY FOUR INCH PVC PIPES THAT GO THROUGH THE CONCRETE WALL. AND THOSE ARE BELOW GRADE. YOU DON'T SEE ANY OF THOSE. [00:40:02] SO ANY WALL, ANY WATER COMING DOWN OFF THE GUTTERS. EVERYTHING LIKE THAT GOES INSIDE THE RETAINER WALL. AND THEN IS EXITED OUT THROUGH PERK. PERCOLATION INTO THE GROUND WATER THAT'S THERE. THERE'S NO WATER SPILLING OVER THE RETAINER WALLS. AS EVIDENCED BY THE CURRENT HOUSE WHICH OCCUPIES THE MAJOR PART OF THAT LOT. >> OKAY. >> IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK TO THIS ITEM? WELL, YOU KNOW, THE FACT THAT YOU SPOKE EARLIER, BUT YOU WERE UNAWARE THAT THINGS WERE PROCEEDING AS THEY WERE, I THINK I'M GOING TO USE MY DISCRETION AND LET YOU SPEAK FOR TWO MINUTES MORE AFTER YOU'VE HEARD THIS. SO COME ON UP FOR TWO MINUTES PLEASE. AS YOU CAN SEE FROM THE MEETING THERE ARE A LOT OF CONFUSING ASPECTS OF THINGS THAT GO ON. >> AND CAN I ASK A QUESTION? >> SURE MR. GREEN, PLEASE. >> DR. HENDERSON, WILL YOU SHOW US WHERE YOU LIVE? KNOW YOU SAID YOU'RE NEXT DOOR. ARE YOU TO THE NORTH OF THIS? >> NORTH. >> OKAY. >> YOUR TIME IS TICKING DOWN BUT SHE CAN RESTART THE CLOCK. OKAY. >> UM I'LL SPEAK FOR ALL THE OWNERS OF THE HOUSE WHICH WOULD BE MY SIFTER AND MY BROTHER-IN-LAW ALONG WITH ME, WE OPPOSE THE VARIANCE FOR THE FOLLOWING REASONS. THE VARIANCE REQUEST IS NOT A TRIVIAL NOR MINIMUM. IT'S A FULL 60% REDUCTION IN THE REQUIRED SETBACK. ONE OR TWO FEET IS ONE THING BUT AN ADDITIONAL 15 FEET IS EXCESSIVE. TWO THE AMOUNT OF IMPERVIOUS STRUCTURE ON THE PROPERTY WILL CAUSE A MAJOR ISSUE WITH FLOODING TO ADJACENT PROPERTIES. PARTICULARLY DURING HURRICANES DRAINS OFF AND AS HE JUST SAID, IT PERCOLATES FROM WEEP HOLES INTO THE OTHER PROPERTIES. THE ADDITION IS NOT IN KEEPING WITH THE CURRENT NEIGHBOURHOOD CHARACTER. PARTICULARLY RECENT CONSTRUCTION OF THIS STREET. FOUR, THE ADDITION WILL NEGATIVELY AFFECT THE SIGHT VIEWS OF SEVERAL PROPERTIES BY CREATING A SOLID ELEVATED STRUCTURE FROM FRONT TO BACK AS BOTH THE HOUSE AND INTENDED STRUCTURE ARE ELEVATED ON CONCRETE BLOCK NOT BUILT ON GROUND LEVEL. FIVE, THE ADDITION WILL NEGATIVELY AFFECT PRIVACY, ENJOYMENT AND USE OF OUR BACK YARD AND BY HAVING THE STRUCTURE THAT TOWERS ABOVE OUR YARD. THANK YOU FOR LETTING ME SPEAK. I APPRECIATE THAT. >> YOU'RE WELCOME. I THOUGHT I MIGHT HAVE SOME OTHER INSIGHTS ON IT AFTER YOU HEARD THE PRESENTATION, BUT THAT'S FINE. >> OKAY. NO I JUST-- APPRECIATE THAT. >> THANK YOU. >> MR. GREEN JUST FOR THE RECORD, THE HOUSE DIRECTLY TO THE NORTH. IT'S OWNED IN A CORPORATION BUT THAT'S-- HE'S AN OWNER OF THE CORPORATION. >> OKAY. I GOT YOU. THANK YOU. >> MS. SPIEGEL? >> OKAY QUESTION FOR STAFF. REGARDING IMPERVIOUS SURFACE RATIO. AND DOES THEIR PROPOSED PLAN MEET THE CRY TEAR YA' FOR ISR OF THE ZONING DISTRICT? >> YES, MA'AM. THE SITE PLAN THAT IS MADE PART OF THE STAFF REPORT I BELIEVE IS SHOWING 55% ISR. AS PROPOSED THE LIMITATION AND THE ZONING DISTRICT IS 70%. SO YES, IT DOES MEET THE REQUIREMENT. >> OKAY. THAT WAS A GOOD ANSWER. AND MAY I ASK YOU ANOTHER QUESTION? IS IT PROPERTY IN OUR COUNTY-- ARE THEY ALLOWED TO DISCHARGE STORM WATER ONTO ADJOINING PROPERTIES? IS THAT SOMETHING THAT THEY WOULD SET UP? THAT WE WOULD SET UP? >> PERHAPS SOMEBODY FROM OUR TECHNICAL TEAM WOULD BE BETTOR SPEAK ABOUT THIS. BUT ULTIMATELY THE DRAINAGE HAS THAT WATER KOT INFRASTRUCTURE DESIGNED TO HANDLE IT. SNUR HE WANTS TO CHIME IN HE'S WELCOME. >> MS. SPIEGEL, OUR WEEP HOMES ARE NOT ABOVE GRADE. THEY ARE BELOW GRADE. THEY ARE UNDERGROUND. >> I'M TALKING TO STAFF RIGHT NOW. THAT'S OKAY YOU'LL HAVE YOUR CHANCE. THANK YOU. >> GOOD AFTERNOON. JOHN BERMON WITH GROWTH MANAGEMENT TECHNICAL. [00:45:01] FROM WHAT I'VE SEEN ON THIS PLAN AND THE HISTORY OF THE SITE CURRENTLY NOT AWARE OF ANY PROBLEMS WE'LL ALSO HAVE A CLEARANCE SHEET SUBMITTING WITH THIS VARIANCE IS GRANTED. WE CAN SCRUTINIZE IT FURTHER. THE APPLICANT ALLUDED TO THE TYPE C DRAINAGE BUT WE CAN DO WHATEVER IS NECESSARY OF THE CLEARANCE SHEET STAGED TO ACCOMMODATE ANY PROBLEMS THAT ARE OUT THERE WITH THE NEIGHBOURS. YES AND I KNOW IT WAS A LOT OF HISTORY GETTING TO THIS POINT AND IT WOULD BE A FURTHER SUBMITTAL TO THE CLEARANCE SHEET PROCESS. >> OKAY I'M SORRY YOU MAY SPEAK NOW I APOLOGIZE FOR INTERRUPTING. >> I JUST WANT TO MAKE THE CORRECTION THAT OUR WATER IS NOT SHED ONTO ANY OTHER LOT. IT IS UNDER THE WALL. PERCOLATING ALL THE WAY DOWN. WE USE PERVIOUS PAVERS AS REQUIRED TO MEET OR EXCEED THE ISR STANDARDS. WE STAY WELL BELOW THOSE. AND I KNOW THERE'S A CONCERN ABOUT THE HEIGHT OF THE HOUSES WE'RE BUILDING. WITH THE GRADE. BUT WE HAVE TO MEET FEMA 'S REGULATIONS ALSO WITH A MINIMUM FINISHED FLOOR ELEVATION. SOME OF THE HOUSES WERE PUTTING IN NEXT TO IS WHY WE HAVE TO BUILD A RETAINER WALL. BECAUSE WE CANNOT SLOPE DIRT UP THAT HIGH. SO WE HAVE TO BUILD A RETAINER WALL. AND I UNDERSTAND THE VISUALS AS YOU CAN SEE THE HOUSE IS ON THE LOT NORTH OF US. BUT IT IS UP WHERE THE MAIN HOUSE WAS BUILT A YEAR AGO. THE AREA WE ARE BUILDING LEFT OF US OR NORTH OF US IS ALL WOODED. THE BACK OF THAT LOT. TO THE RIGHT AS A YOUNG LADY BY THE NAME OF AMELIA WHO HAS NO PROBLEM WITH US. WE'VE ALREADY DISCUSSED WITH HER. AND SHE DIDN'T ATTEND OR SEANED LETTER SHE SAID NO I'M NOT WORRIED ABOUT IT. SO I UNDERSTAND IT'S TALL. BUT-- WE CAN'T CHANGE WHAT THE RULES ARE THAT WE HAVE TO BUILD BY. >> I THINK THAT'S NEW REALITY WE'RE HAVING THESE DAYS. THANK YOU SIR. >> YES, MA'AM. >> MR. MATOVINA? >> I CAN'T READ THE MAP AGAIN. WHAT IS THE ACTUAL SETBACK OF THE HOUSE IN THE FRONT? >> 25. >> IT IS AT 25? >> THE SETBACK IS 25 AND I BELIEVE WE ARE 28 FEET OFF. >> OKAY AND WHAT IS THE DISTANCE BETWEEN THE BACK OF THE HOUSE AND THE ACTUAL EDGE OF THE POOL? THE WATER? >> TO THE EDGE OF THE POOL NEAREST THE HOUSE IS 12 FEET. >> AND WHAT'S THE DISTANCE FROM THE OTHER EDGE OF THE POOL DOWN TO THE LEADING EDGE OF THE ACCESSORY DWELLING THERE? >> I THINK IT'S A 12 FOOT OR 14 FOOT WIDE POOL. I'M NOT EXACTLY SURE. >> IT LOOKS LIKE ABOUT 17 OR 18 FEET MAYBE BETWEEN THEM. THE WEST SIDE OF THE POOL AND THE EAST SIDE OF THE ACCESSORY DWELLING UNIT. I'M ASKING FOR THE DISTANCE BETWEEN THE POOL AND THE ACCESSORY DWELLING UNIT WHICH THIS DRAWING WON'T TELL YOU. >> I DON'T HAVE THAT INFOR INFORMATION. I WOULD GUESS--. PROBABLY 18 TO 20 FEET AS A GUESS. >> THAT WAS MY GUESS. THANK YOU. >> SO LET ME ASK YOU THE RETAINING WALL ON THE A1A SIDE HAS BEEN BUILT. CONCRETE ROCK WALL. AND YOU'RE GOING TO HAVE TO ACCESS THE ACCESSORY FAMILY UNIT BY WALKING AROUND ON SIDEWALKS TO GET TO IT SNP. >> ONLY BE ABLE TO ACCESS FROM THE PRIMARY HOUSE. >> RIGHT. SO HOW ARE YOU GOING TO GET ALL THE CONSTRUCTION MATERIALS BACK THERE AND BUILD THIS? >> THAT'S WHY WE HAVE A PERMIT FROM THE D.O.T. AND WE HAVE PUT IN A TEMPORARY CULVERT. >> FROM A1A. >> WE WILL ACCESS IT FROM A1A CORRECT. >> OKAY YOU HAD THAT UP ON THE SCREEN THERE FOR A MINUTE AWHILE BACK. AND SO YOU'RE GOING TO KNOCK DOWN PART OF THE WALL THAT YOU'VE ALL RIGHT BUILT? >> NO, SIR. >> OH I THOUGHT WALL WAS ALREADY BUILT. >> IT IS ALREADY BUILT BUT WE WON'T HAVE TO KNOCK ANY OF IT DOWN. WE'LL EITHER MOP IT AND SET IT UP ON THE WALL OR WHEN THE TRUESES COME THEY'LL HAVE TO. >> THAT TERM MO FETE. >> OKAY INTERESTING. ALL RIGHT. OKEY-DOKE. SO NO ONE HERE IN THE AUDIENCE WISHES TO SPEAK TO THIS? SO WE'RE BACK IN THE AGENCY FOR DISCUSSION. MOTION AND A VOTE. DO WE HAVE A MOTION? MS. SPIEGEL? >> WELL I'LL MAKE A MOTION TO [00:50:05] APPROVE ZONING VARIANCE 202-19ASPINWALL VARIANCE BASED UPON SIX OF FACT AND SIX CONDITIONS AS PROVIDED IN THE STAFF REPORT. >> WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE A MOTION. DO WE HAVE A SECOND? SEEING NONE, THAT MOTION FAILS. SO, DO WE HAVE ANOTHER MOTION? MR. MATOVINA? >> I'M GOING TO MAKE A MOTION TO DENY VARIANCE 202619ASPINWALL VARIANCE BASED ON FOUR FINDINGS OF FACTS PROVIDED IN THE STAFF REPORT. PRIMARILY I FEEL LIKE THIS IS A SELF-IMPOSED VARIANCE REQUEST, HARDSHIP. EXCUSE ME. NOT VARIANCE REQUEST. IT'S A FUNCTION-- THE LOT IS 180 FEET DEEP. IT WAS FUNCTION OF POOR PLANNING IN MY OPINION. IF THEY WOULD HAVE WANTED THIS FROM THE START, THEY PROBABLY COULD HAVE FIT IT ALL IN. >> WO HAVE A NEW MOTION FROM MR. MATOVINA TO DENY. IS THERE A SNEKD. >> YES, I SECOND MR. MATOVINA'S MOTION. >> ALL RIGHT WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL RIGHT SO THIS IS A MOTION TO DENY. A YES VOTE IS TO DENY THE VARIANCE REQUEST. LET'S VOTE. THAT PASSES. TO DENY IT 5 TO 1. THAT I CAN MAKE?TIONAL COMMENT- >> IS THERE ADDITIONAL COMMENT THAT I CAN MAKE? >> I THINK I'LL ALLOW IT. SURE. >> UM-- WE ALSO HAD DOCUMENTS THAT WE DIDN'T-- WE WERE TOLD PROBABLY WOULDN'T BE NECESSARY. SO WE DIDN'T WANT TO BOTHER-- TAKE MORE TIME THAN NEEDED. >> WE LIKE TO BE BOTHERED. >> WELL. WE HAVE THE CLEARANCE SHEETS FROM EVERY LOT ON BROWARD. NOBODY HAS A 25 FOOT SETBACK. THEY ALL HAVE TEN FOOT SETBACKS ON ALL OF THESE LOTS. THAT IS THE ONLY REASON WE MOVED FORWARD WITH THE PROJECT IS BECAUSE OUR ORIGINAL CLEARANCE SHEET WAS APPROVED WITH A TEN FOOT SETBACK. >> WITH A THROUGH LOT. >> CORRECT. ALL THOSE LOTS ON BROWARD ARE CONSIDERED THROUGH LOTS BECAUSE THEY HAVE A STREET ON EITHER SIDE OF THEM. NOW WE ALSO HAVE A CERTIFICATE OF OCCUPANCY WITH A SITE PLAN THAT WAS APPROVED BY THE COUNTY WITH A 25 FOOT FRONT 8 FOOT SIDES AND 10 FOOT REAR. I HAVE THOSE IN MY DOCUMENTS HERE. WE SUBMITTED OUR CLEARANCE SHEET FOR THE RETAINER WALL. WE WERE NOTHING CHANGED ON IT. WE HAD A 10 FOOT SETBACK ON A1A WHICH WAS THE REAR FRONT. IT WAS APPROVED. FROM THE COUNTY AND THAT'S WHAT WE DID. WE BUILT IT BASED ON THE 10 FOOT SETBACK. IT WAS NOT UNTIL WE ACTUALLY WENT FOR THE CLEARANCE SHEET FOR THE BUILDING THAT THEY TOLD US IT'S A 25 FOOT SETBACK. I DON'T KNOW HOW THE COUNTY CAN CHANGE A CO'D PIECE OF PROPERTY WITH A TEN FOOT SETBACK TO A 25 FOOT SETBACK WHEN YOU GO TO ADD ONTO THAT PROPERTY AND BUILD. EVERY LOT ON THAT STREET HAS A TEN FOOT SETBACK. >> IN THE REAR. >> IN THE REAR, YES, SIR. >> EVERY-- OKAY. ARE THERE STRUCTURES BUILT TO THE TEN FOOT? >> WE'VE BUILT THREE OF THEM. YES, SIR. AND THEREFORE WHEN WE WERE MOVING FORWARD WITH ALL OF THIS. 6665-- 525-- EVERY CLEARANCE SHEET AND CO'D PROPERTY HAS A 10 FOOT SETBACK. SO HOW DID WE GET AROUND THAT WITH OUR THINKING AND THERE WAS NO DENIAL OR REQUEST FOR ADDITIONAL INFORMATION WHEN WE DID THE RETAINER WALL THAT WAS A 25 FOOT SETBACK. WE HAD A 10 FOOT SETBACK ON OUR CLEARANCE SHEET. IT WAS APPROVED. >> I THINK WHAT YOU'VE JUST STATED IS RELEVANT INFORMATION AND I WISH YOU HAD STATED ALL THAT EARLIER. I REALLY DO. >> WELL WE WERE TOLD AND THIS IS JUST-- WE WERE ADVISED THAT THE HARDSHIP WOULD BE MET BECAUSE OF THE 50 FOOT LOT NOT BEING WIDE ENOUGH. AND IT WAS AN HONEST-- RS-- ZONING AND THE MIN PUM FOR RS3 IS TEN FEET. SHOULDN'T BE ANY PROBLEM. >> I WAS GOING TO ASK LEX IF YOU WOULD PLEASE SPEAK TO THOSE COMMENTS. >> WELL I'M GOING TO LET JACOB SPEAK TO THE COMMENTS. MECHANICALLY, YOU GUYS HAVE THE [00:55:04] ABILITY. ANYBODY THAT VOTED FOR THE PREVAILING MOTION CAN MAKE A MOTION TO RECONSIDER. AND IF THAT MOTION GETS A MAJORITY, THEN YOU CAN OPEN THIS BACK UP FOR POTENTIALLY MORE MOTIONS. IF THAT IS SOMETHING YOU WANT TO DO. YOU DO NOT HAVE TO DO THAT AT ALL. >> MR. SMITH? >> MR. CHAIR. ENTER THE BOARD. I'VE SAID THIS ALREADY. BUT I'M GOING TO SAY IT AGAIN. ARTICLE SIX FROIDZ STANDARDS FOR LOT FRONTAGE AND IT READS ON THROUGH LOTS ALL PORTIONS ADJACENT TO STREETS SHALL BE CONSIDERED AS A FRONT YARD FOR REGULATORY PURPOSES. THE FACT THAT SOMEBODY MIGHT SUBMIT A CLEARANCE SHEET OR THEY DRAW TEN FEET ON THE REAR, AND STAFF DOES NOT OBJECT TO IT BECAUSE THERE'S NOTHING BACK THERE THAT WOULD CAUSE A PROBLEM, DOESN'T MEAN IT'S A TEN FOOT REAR SETBACK. SO I MEAN I'M LOOKING AT THE AERIALS FOR THIS AREA. AND OF COURSE I SEE THE GENTLEMAN. 6435. 7485. AND I HAVE NO REASON TO DOUBT THAT WHEN HE HAD MADE A CLEARANCE SHEET FOR THOSE, HE MIGHT HAVE DRAWN TEN FEET ON THE REAR PROPERTY LINE. THAT DOESN'T MAKE THE SETBACK TEN FEET. THAT JUST MAKES AN ERROR ON AN ADMINISTRATIVE APPROVAL OF A CLEARANCE STREET. WHERE THERE IS NO IMPACT TO THE SETBACK BECAUSE THERE IS NOTHING BUILT BACK THERE. I JUST WANTED TO REITERATE THAT NOBODY CHANGED THE RULES THON GENTLEMAN. THAT THE RULES HAVE BEEN IN PLACE FOR THROUGH LOTS SINCE THE LAND DEVELOPMENT COLD WAS CREATED AS FAR AS I KNOW. >> OKAY. WE HAVE MR. MATOVINA TO SPEAK. >> SO IT SAYS IN OUR STAFF RE REPORT-- PROVIDED BELOW SCREEN SHOT OF THE APPROVED CLEARANCE SHEET WITH RETAINING WALL WITH DISCREPANCY AND LOT HIKING LIGHTED. STAFF NOTES THE PROPERTY HAS TOTALLED A SUM OF SIX CLEARANCE SHEETS FOR VARIANCE PROJECTS IN THE SITE INCLUDING THE PROPOSED AFUER TO VIEW OF THE CLEARANCE SHEETS FOUND 4 OF THE 6 CORRECTLY IDENTIFIED THE PROPERTY AS A THROUGH LOT. >> I'VE BEEN DOING THIS A LONG TIME AND WHEN YOU HAVE FRONTAGE ON BOTH STREETS, THAT'S A RED FLAG. YOU NEED TO PAY ATTENTION TO WHAT THE SETBACK IS ON THE STREET. >> MS. SPIEGEL? >> SO JUST TO CLARIFY, YOU WERE THE BUILDER FOR THREE OF THESE LOTS THAT YOU'RE TALKING ABOUT? >> YES, MA'AM. >> AND YOU WERE ABLE TO BUILD BACK FURTHER? >> NO-- THE ONLY THING WE BUILT BACK FURTHER WAS THE POOL. BUT HERE ARE THE TWO CLEARANCE SHEETS FROM THOSE HOUSES. AND AS YOU CAN SEE IN THE HIGHLIGHTED GREEN, THEY BOTH SAY THERE'S A TEN FOOT REAR SETBACK. >> OKAY BUT IT-- I THINK TO MR. MATOVINA-- THERE'S NO STRUCTURE BACK THERE THAT HAS A TEN FOOT SETBACK. THE TEN FOOT SETBACK IS ON PAPER. CORRECT? THERE'S NO STRUCTURE THAT IS DETERMINING TEN FEET. >> CORRECT. YES, MA'AM. >> TO THE OUTSIDE. OKAY. BECAUSE YOU KNOW IN MY THINKING, I WAS THINKING YOU HAD ALREADY DEVELOPED TWO PROPERTIES AND WERE ABLE TO BUILD THAT FAR BACK. AND THEN YOU FOUND OUT LATER THAT THERE WAS A PROBLEM. SO--. >> WELL THIS-- ON THESE TWO PARTICULAR ONES HERE, WE HAD NO REASON TO BUILD BACK FURTHER. BUT MY CONCERN IS WHY WOULD THE COUNTY NOT HAVE A SETBACK STATED ON MY CLEARANCE SHEET THAT IDENTIFIES A CORRECT SETBACK FOR THE REAR OF THAT LOT? >> WELL WE'RE NOT HERE REALLY TO DISCUSS OTHER PROJECTS AND WHETHER OR NOT THE COUNTY PERHAPS ERRED. BUT FOR ME MY QUESTION AND TO MR. MATOVINA'S COMMENT IS THAT AS A BUILDER. I MEAN I DON'T SEE THE PROBLEM UT OBVIOUSLY MY LEARNED FRIENDS DO. Select to skip to this part of the video">UT OBVIOUSLY MY LEARNED FRIENDS DO. OR BOARD MEMBERS DO. BUT YOU HAD AN IDEA THAT THIS WAS NOT GOING TO BE A PROBLEM. BUT THAT THROUGH LOTS DO EACH HAVE A 25 FOOT SETBACK THAT THAT IS SOMETHING THAT MAYBE SHOULD HAVE BEEN ON YOUR RADAR. >> WELL-- AND IT WAS ON OUR RADAR. AND UNTIL WE GOT OUR RETAINING WALL PERMIT. WHEN WE SUBMITTED THERE WAS NO CHANGE TO NA WHA WE SUBMITTED. MADE KNOWN TO US THAT THE SETBACK WAS NOT TEN FEET. >> SOMEBODY CAUGHT IT AND CORRECTED IT? >> THEY DIDN'T-- THEY CORRECTED IT BUT THEY DIDN'T TELL US ABOUT IT. THEY TOLD US THE COUNTY EVERY TIME DOW SOMETHING WRONG THEY WANT IT CORRECTED. AND WE HAVE TO CORRECT IT [01:00:02] BEFORE MOVING FORWARD. THAT WAS NOT DONE WITH THE RETAINER WALL. AND WE DIDN'T FIND OUT THEIR MISTAKE UNTIL WE SENT IN FOR THE CLEARANCE SHEET OF THE ACTUAL BUILDING. >> SO IS THE RETAINER WALL IN COMPLIANCE-- OUT OF COMPLIANCE? WITH OUR CODE AND. >> NO. WE CAN PUT A RETAINER WALL THERE BECAUSE THERE'S NOT A STRUCTURE ON IT. >> OKAY IT'S PROPERTY LINE. >> BUT THE CLEARANCE PIECE STATES FROM THE COUNTY IF THERE IS A SETBACK ON THAT BUT THEY DID NOT CHANGE IT ON OUR SITE PLAN. HOW ELSE WOULD WE KNOW? LETTING US PUT A RETAINER WALL BACK THERE WE MET ON SITE WITH ERIC CLARK AND ROADS AND BRIDGES WERE THERE. AND THEY KNOW FULL WELL WE WERE PUTTING THIS BUILDING ON THERE. WE CAN'T PUT A BUILDING IN EIGHT FEET. >> IT'S A PRETTY TIGHT SITE AS IT STANDS. I WALKED BACK THERE. IT'S A PRETTY TIGHT SITE AND YOU'RE ASKING FOR SOMETHING THAT'S EVEN SMALLER WE ALLOW OUR 800 MINIMUM. I DON'T HAVE A PROBLEM BUT I WAS THE ONLY ONE WHO VOTED. AND I DON'T KNOW IF ANYBODY'S MINDS HAVE BEEN SWAYED BY THIS DISCUSSION. AND WE ARE THINKING OF RECONSIDERING THIS? AND BUT I THINK I BETTER STOP TALKING. >> LEX, DO YOU HAVE ANY SAGE ADVICE AND WISDOM FOR US? >> I THINK ALL THIS IS EVIDENCE THAT YOU GUYS CAN CONSIDER. I DON'T THINK THAT WHAT JACOB IS EXPLAINING IS INCORRECT. AS VERY SUPPORTABLE AND UNDERSTANDABLE. THERE'S NOTHING BACK THERE AND THERE'S A TEN AND NOW THEY ARE TRYING TO PUT A STRUCTURE AND TRYING TO DO IT CORRECTLY WHEN SOMEBODY IS PUTTING A STRUCTURE ON THE PLANS. IT'S NOT LIKE THERE WAS A TEN FOOT STRUCTURE ON THE ORIGINAL PLANS OR A STRUCTURE SETBACK TEN FEET ON THE ORIGINAL PLANS. THAT WOULD BE WHERE I WOULD BE MORE CONCERNED. I DON'T LIKE TO-- I CAN'T GIVE HIM LEGAL ADVICE. I'M NOT IN A POSITION TO GIVE THE BOARD LEGAL ADVICE ONE WAY OR THE OTHER. BUT WHAT JACOB IS DESCRIBING DOES NOT SCARE ME OR SOUND INACCURATE. THEY ARE BUILDERS. THEY ARE PROFESSIONAL BUILDERS. THEY ARE SUPPOSED TO UNDERSTAND OUR CODE. AND ANY MISTAKES THEY ARE SUPPOSED TO HELP US KIND OF CATCH AND FIND. NOT SUPPOSED TO BE PREYING UPON OUR MISTAKES. THIS IS AN INSTANCE. I THINK THERE'S A LOT OF DISCUSSION ABOUT DRAINAGE. AND I DON'T KNOW THE DRAINAGE REALLY APPLIES TO THIS. BECAUSE WE DO DRAINAGE UNIFORMLY. BUT DR. HENDERSON BROUGHT UP VISUAL SITE LINES. AND WHEN YOU TALK ABOUT SETBACKS, THAT IS SOMETHING TO CONSIDER. SO I'M GOING TO PUSH IT BACK TO THE BOARD. IT REALLY IS YOUR DECISION. I'M NOT HEARING ANYTHING THAT GIVES ME LEGAL PAUSE. OR WHERE I THINK YOU NEED LEGAL ADVICE. >> OKAY, THANK YOU. MR. LABANOWSKI YOU HAD A COMMENT, SIR? >> CURRENTLY THE BUILDING THAT'S THERE RIGHT NOW ON BROWARD, THAT SETBACK 33 FEET FROM THE PROPERTY LINE? >> NO FROM THE-- PROPERTY LINE ON THE ROAD. THAT'S CORRECT. IT'S THE FRONT OF THE HOUSE I BELIEVE WITH COLUMNS IS 28 FEET. AND THEN THE ACTUAL PHYSICAL FRONT OF THE HOUSE WHERE THE CONCRETE SLAB AND EVERYTHING IS 33. >> OKAY. ALL RIGHT. SO IS THE-- DOES THE BOARD WISH TO RECONSIDER OUR PREVIOUS MOTION AND/OR VOTE ON THIS MATTER? IT LOOKS LIKE OUR VOTE STANDS, SIR. >> OKAY. THANK YOU. >> OKAY. ALL RIGHT. WE'RE GOING TO MOVE TO THE ORIGINAL ITEM NUMBER 2. WHICH IS A SPECIAL USE PERMIT FOR FUNKADELIC FOOD SHACK. OH I'M SORRY. I GOT CONFUSED ABOUT THAT. [1. SUPMIN 2026-03 Osborne Mobile Home. Request for a Special Use Permit, pursuant to Section 2.03.08 of the Land Development Code, to allow for a Manufactured/Mobile Home in Residential, Single-Family (RS-3) zoning, specifically located at 1413 Spring Street.] WE'LL GO TO THE ORIGINAL NUMBER ONE. REQUEST FOR SPECIAL USE PERMIT. BOBBY EARNS ERZINGER TO SPEAK SO EXPARTE MS. SPIEGEL? >> YES, CHAIR. I DID A SITE VISIT AND THERE WAS ONE E-MAIL. >> MR. LABANOWSK SNICHLT. >> YES I VISITED THE SITE. AND GOT AN E-MAIL FROM THE ST STAFF. >> MR. OLSON? >> SITE VISIT AND AN E-MAIL. >> I ALSO RECEIVED THE E-MAIL. ANYONE ELSE? ALL RIGHT, THE FLOOR IS YOURS. >> GOOD AFTERNOON. HOW ARE YA'LL DOING TODAY? >> WE WERE GREAT, I THINK. >> OKAY SO THIS IS A FAMILY [01:05:02] PROJECT. THIS PARCEL IS PART OF A CUTOUT OF A SURVEY I DO HAVE THAT AVAILABLE ALSO. THIS PROPERTY HAS BEEN IN THIS FAMILY FOR AT LEAST TEN PLUS GENERATIONS. THERE'S BEEN AT LEAST FOUR GENERATIONS LIVING ON THIS PROPERTY. MR MRS. S OBORNE HAD A-- THEY KIND OF UPDATED THE-- I DON'T KNOW IF YOU COULD SEE IT-- SO THIS IS THE WHOLE PARCEL HERE. AND THIS HERE HE CUT THIS OUT. SO THEY COULD-- THEY WERE GOING TO LIVE IN THE STRUCTURE THAT WAS ON THERE WAS AN OLD BLOCK HOUSE. FOUND TO BE IT WASN'T LIVABLE. SO THEY DID HAVE THAT DEMO'D AND SO WHEN I STARTED PLOT FOR THE CLEARANCE SHEET THAT WAS WHEN THEY TOLD US THAT WE NEED APPLY FOR THE SPECIAL USE. SO I DO HAVE FOUR LETTERS OF NO OBJECTIONS IF YOU WOULD LIKE TO SEE THOSE. >> OKAY BEFORE I CALL. WE DO HAVE AN E-MAIL FROM MR. RICHARD POPOVICH. AND THERE'S SOME STATEMENTS IN HERE ABOUT THE OWNER APPLICANT. ALLEGEDLY TOOK THE FOLLOWING ACTION. DID YOU ALL DEMOLISH THE EXISTING HOUSE WITHOUT A DEMOLITION SNERMENT. >> THAT PART I DO NOT KNOW. I'M NOT SURE IF THERE WAS A PERMIT PULLED IFFER THAT. >> OKAY. WAS THE LAND CLEARED WITHOUT A QUALIFIED CLEARANCE SHEET? >> NO, SIR. >> YOU DON'T KNOW? >> NO IT WASN'T. I MEAN AS FAR AS I KNOW OTHER THAN THE HOUSE BEING DEMO'D. WHEN I MET OUT THERE, I MEAN THERE'S NOTHING TO CLEAR. IT'S JUST A TINY PARCEL OF LAND THERE. SO ITEM NOT SURE AND I HAD THAT TOO. I'M LOOKING AT IT. I'M NOT SURE EXACTLY WHAT HE'S REFERRING TO THERE THAT THE LAND WAS CLEARED WITHOUT THE PROPER CLEARANCE SHEET. >> OKAY PERHAPS HE'S HERE AND CAN SPEAK TO THAT. HE STATES IT IS OCCUPIED BAY RECREATIONAL VEHICLE AS A PERMANENT RESIDENCE. IS THAT TRUE OR FALSE? >> I KNOW THE RV WAS OUT THERE. BUT AS FAR AS A PERMANENT RESIDENCE I DON'T THINK THAT WAS THE CASE. >> OKAY IS THERE A CONNECTION TO THE RV SEWER HOSE DIRECTLY TO THE DEMOLISHED HOMES. AND THE SEPTIC SYSTEM. YOU'RE NOT SURE ABOUT THAT. WAS THERE A REACTIVATION OAF ELECTRICAL SERVICE AND EXTENSION CORDS USED TO POWER THE RV? >> I'M NOT SURE OF THAT EITHER SIR. >> OKAY. SO VERY FEW ANSWERS TO THAT. ALL RIGHT MR. OLSON? >> YES, IT LOOKS LIKE THE PLAN IS FOR DAUBL WIDE ON THE SITE? >> YES, SIR. >> IT'S A NEIGHBOURHOOD THAT'S PREDOMINANTLY SITE BUILT HOMES. THERE ARE SEVERAL MANUFACTURED MOBILE HOMES BUT APPARENTLY THEY PRE-DATE THE LDC ORDINANCE SO THEY ARE NOT INFORMING-- CONFORMING. AND NONE OF THEM ARE IMMEDIATELY ADJACENT TO THE PROPERTY. AS FAR AS I CAN SEE. I DON'T SEE A-- IT'S A-- I'VE COME TO UNDERSTAND THAT INCLUSION OF A MANUFACTURED MOBILE HOME IN A PREDOMINANTLY SITE-BUILT NEIGHBOURHOOD, THAT THE LANDSCAPING IS A BIG FACTOR IN HOW THAT COMPATIBILITY WORKS WITH THE REST OF THE NEIGHBOURHOOD. I DON'T SEE ANY LANDSCAPING PLAN. ON THE SITE PLAN IS PRETTY MUCH DIMENSIONAL WITH THE IMPORTANT ELEMENTS OTHER THAN-- BUT THERE'S NO LANDSCAPE PLAN. IS THERE A REASON THAT-- NO LANDSCAPE PLANNING IS BEING PROPOSED FOR THIS? >> IF WE ARE REQUIRED TO DO IT, WE'LL DO IT. BUT I WOULD LIKE TO JUST SAY I STOOD UP HERE LAST YEAR AT THE END OF LAST YEAR, HI TWO. SAME THING. SPECIAL USE APPLICATIONS FOR A MOBILE HOME. ONE ON NORTH STREET AND THE OTHER IS ON DEL RIO. THE ONE ON NORTH STREET THEY CUT THAT OUT AND A FEW OF THE PEOPLE MEMBERS WENT OVER THERE AND LOOKED HE NEEDED TO CLEAN THAT LOT UP. THERE WAS NO MENTION OF LANDSCAPE ON THAT ONE. >> WELL EVERYTHING THAT COMES TO US FOR SPECIAL USE IS A-- REQUIRES INDIVIDUAL ANALYSIS AND LOOK AT THE SITUATION. I JUST-- ARE YOU SAYING THAT--. >> WELL I WAS GOING TO SAY IF YOU TELL ME I NEED YOU TO DO THIS OR THIS, THEN WE'LL COMPLY TO WHATEVER YOU GUYS TELLTOUS DO. [01:10:02] AS FAR AS LANDSCAPING GOES. OR ANYTHING FOR THAT MATTER. >> OKAY. I GUESS PROCEDURAL QUESTION FOR STAFF. IF THERE WERE A CONDITION ADDED FOR ADEQUATE LANDSCAPING TO WHATEVER-- ADDRESS COMPATIBILITY OF THIS MOBILE HOME. SURROUNDING NEIGHBOURHOOD. WHO WOULD REVIEW THAT? AND IS THERE A MECHANISM IN THE ADMINISTRATION FOR REVIEWING ADEQUACY AND APPROPRIATENESS OF LANDS LANDSCAPING? >> THROUGH THE CHAIR TO MR. OLSON'S QUESTION. I WOULD CAUTION THE BOARD TO PUT CERTAIN RESTRICTIONS OR REQUIREMENTS FOR WHAT AMOUNTS TO A SINGLE FAMILY HOME PARCEL JUST BECAUSE IT'S MANUFACTURED DIFFERENTLY. THIS IS PROBABLY A GOOD TIME TO LET YOU KNOW THAT THE STATE LEGISLATURE PASSED A LAW THAT WILL IN JANUARY 1ST ALLOW MOBILE HOMES IN ALL RESIDENTIAL ZONING DISTRICTS. AND SO THIS MIGHT NOT BE THE BEST TIME TO TRY TO NICKEL AND DIME A MANUFACTURED HOME AS FAR AS ITS SITE LOCATION OR SCREENING OR BUFFERING OR ANYTHING LIKE THAT. WE ARE THEOR DECIDE IF IT IS COMPATIBLE WITH THE SURROUNDING NEIGHBOURHOOD. AND IF IT CAUSES ANY UNDUE PROBLEMS TO THE SURROUNDING AREA. AND IF IT MEETS THE MANUFACTURE MOBILE HOME SPECIAL USE SECTION WHICH IS THINGS LIKE MAKE SURE IT HAS TOWING GEAR REMOVED AND SIDE SKIRTS. ALL THOSE FINDINGS OF COURSE FROM 20301A AND 2038 ARE IN YOUR STAFF REPORT AND THE APPLICANT HAS ADDRESSED THEM APPARENTLY ADEQUATELY. >> OKAY, THANKS FOR THE UPDATE. DOES THAT MEAN THAT WE WON'T BE DOING ANY SPECIAL USE PERMIT ACTIONS FOR MOBILE HOMES IN THE FUTURE? >> AS OF JANUARY 1ST IN 2027, NO, SIR, WE WILL NOT. >> OKAY, GOOD TO KNOW. >> MS. SPIEGEL. >> OH OKAY YOU FIRST YEAH. >> JUST REAL QUICK TO ANSWER THE CHAIR'S QUESTION THAT HE WAS READING. THERE IS AN EXTENSION CORD THAT'S RUNNING ELECTRICITY TO THAT CAMPER. THERE'S ALSO A TEMPORARY-- I WAS OUT THERE VISITED THE SITE. TEMPORARY HOOK-UPS. MY CONCERN IS IS THAT GOING TO REMAIN THERE AS A RESIDENCE? OR WILL THAT BE REMOVED OR STOREED? >> IT WILL BE REMOVED. WHEN THIS MOBILE HOME IS PLACED ON THE SITE, THAT WE DO MEET THE SETBACKS ON HERE. SO WITH THAT MOBILE HOME BEING SITTING THERE NOW, IT WILL HAVE TO BE REMOVED. >> OKAY. >> AND WE ARE APPLYING FOR A NEW SYSTEM. THE SEPTIC SYSTEM SO IT WILL BE THE SMALLER-- IT'S NOT GOING TO IT THERE BE SMALLER ONE THAT THE ENVIRONMENTAL DEPARTMENT HAS COME UP WITH. >> DO YOU HAPPEN TO KNOW WHERE THE CLOSEST SEWER HOOK-UP IS? >> RIGHT NOW? >> YEAH, RIGHT NOW. >> NO, SIR, I DON'T. >> OKAY. AND I KNOW WE'RE APPLYING FOR THE CITY WATER SO IT ALL BE CITY WATER SO WE WON'T HAVE TO DEAL WITH A WELL OUT THERE. >> OKAY THAT WAS THE OTHER QUESTION. AND THE LAST ONE THE SHED THAT'S THERE RIGHT NOW. IS THAT GOING TO REMAIN THERE? OR IS IT GOING TO BE REMOVEED? >> THAT WILL BE REMOVED ALSO. >> OKAY, THANK YOU. >> THANK YOU SIR. YES I REMEMBER ONE THAT YOU DID AND THIS ONE NEEDS CLEANED UP TOO. AND I APPRECIATE THE FACT THAT YOU'RE GOING OUT THERE. I THINK THAT CAN ADD TO PROPERTY VALUES AND THE FACT MANUFACTURED HOMES ARE GOING TO BE ALLOWED IN EVERY ZONING DISTRICT. I THINK JUST THE FACT THAT THIS IS GOING TO BE CLEANED UP SEWER, OLD SEPTIC ABANDONED AND NEW PUT IN I THINK THAT'S AN UPGRADE FOR THE NEIGHBOURHOOD. I APPRECIATE MR. OLSON'S CONCERN ABOUT MAKING IT LOOK NICE. AND SO MAYBE TALK TO THE FOLKS AND SAY MAKE IT LOOK NICE BE A GOOD NEIGHBOUR BUT WE'RE NOT GOING TO REQUIRE THAT. SO ANYWAY I KNOW WE'LL PROBABLY HAVE SOME PUBLIC COMMENT BUT I WANTED TO THANK YOU FOR SORT OF. >> AND I WILL SAY I'M A STATE CERTIFIED BUILDING CONTRACTOR. SO I'VE BEEN IN THE BUSINESS. I GOT MY LICENSE AROUND 2001 SO I GOT OVER IN THE MOBILE HOME BUSINESS. WAY THEY BUILD THESE MOBILE HOMES TODAY IS I MEAN THEY ARE LIKE-- CLOSE TO MEETING CODE. I KNOW THEY ARE A HIGH STANDARD. SO IN SAYING THAT WHEN THEY CALL TIGHT-- CUT THE TONGUES OFF OF THESE AND THEY TAKE THOSE AXELS OUT AND BLOCK THOSE YOU CAN PUT ANY TYPE OF SKIRTING. YOU WOULD NEVER EVEN KNOW THAT IT'S A MOBILE HOME. THEY HAD THEIR SKIRTING THAT LOOKS LIKE BRICK AND BLOCK. AND IT LOOKS LIKE IT'S SITTING [01:15:05] ON A FOUNDATION. I KNOW IN THE PAST THEY ARE TABU BUT THEY ARE REALLY NICE. >> TIMES HAVE CHANGED AND PEOPLE CAN'T AFFORD STICK BUILT. THANK YOU SO MUCH. APPRECIATE THAT. >> THANK YOU. >> ANY OTHER QUESTIONS FOR MEMBERS OF THE BORDER? AT THIS TIME? SEEING NONE, ANY PUBLIC COMMENT? PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS FOR THE RECORD. HEAR WHAT YOU HAVE TO SAY. YOU HAVE THREE MINUTES. >> GOOD AFTERNOON. RICHARD POPOVICH 1422 SPRING STREET. I JUST BUILT A BRAND NEW EXPENSIVE SINGLE FAMILY HOME DIRECTLY ACROSS THE STREET FROM THIS. I BEAR WITNESS TO WATCHING FOR OVER A YEAR THERE WERE TWO RVS PARKED ON THAT PROPERTY. THEY WERE OBVIOUSLY RENTING ONE OF THEM OUT. THEY ARE LIVING INSIDE OF THAT RV THAT'S CURRENTLY THERE. T THEY-- YOU CITE YOUR CODES. THEY VIOLATE. THEY SAY THEY'VE BEEN THERE FOR TEN GENERATIONS. THAT HOUSE WAS A SINGLE FAMILY HOME THAT I WOULDN'T HAVE DEMOLISHED IT. WHILE THEY WERE LIVING INSIDE OF THOSE RVS, THERE'S BEEN NO WINDOWS ON THAT. ANYONE COULD HAVE BEEN LIVING INSIDE OF THERE. RATS RODENTS WHAT HAVE YOU. THEY ARE NOT MAINTAINING THE PROPERTY. I INVESTED IN THAT COMMUNITY. WE DON'T NEED TO BE HAVING PEOPLE GETTING SPECIAL EXEMPTIONS TO PUT SOMETHING THAT'S NOT APPROPRIATE FOR RS3. RS3 IS BUILT WHY? TO BE ABLE TO BETTER THE COMMUNITY. TO BRING IN MORE DENSITY. MORE HOUSING. WHY SHOULD I OR THE REST OF THE NEIGHBOURHOOD BE INCUMBERED TO HAVE SOMETHING THAT'S LESSER THAN ALL THE MONEY THAT WAS SPENT ON THESE LAND USE CODES TO BE PUT IN PLACE BY THIS COUNTY TO MAKE THE BETTERMENT OF THE COMMUNITY? SO IN MY OPINION, IF YOU LOOK, THERE'S MULTIPLE VIOLATIONS RIGHT NOW. THEY ARE MAKING THIS-- I MET WITH DAN YESTERDAY FROM CODE ENFORCERMENT. AND THEY ARE HAVING TO COME IN AND NOW GET A PERMIT FOR TAKING DOWN A HOUSE. WHICH IF THEY ARE HERE FOR TEN GENERATIONS. SOMEWHERE ALONG THE LINE KNEW WHAT WAS GOING ON WITH THAT PROPERTY. BUT THEY WON'T HAVE TO PAY ATTENTION. I-- REBUILD PROGRESS CESS. TAKES ME YEARS. I PAY FOR CLEARANCE SHEETS. I PAY FOR GC. I PAY FOR PERMITS. I PAY FOR A SEPTIC SYSTEM TO BE PUT IN. I DO ALL THE THINGS CORRECTLY. AND IT COST ME A LOT OF MONEY. I'M HOPING THAT EVERYBODY INSIDE OF THE COMMUNITY DOES THE SAME THING. SO I'M VERY OPPOSED TO HAVING A MOBILE HOME BEING PUT IN WHERE I'M TRYING TO HELP SUPPORT AND BUILD THE COMMUNITY. THANK YOU. >> THANK YOU. YES, SIR? >> MY NAME IS RALPHS A BORNE I'M THE OWNER. AM I ALLOWED TO SPEAK ON MY OWN BEHALF? OKAY. MYSELF AND MY WIFE ARE BOTH EMPLOYEES AT THE ST.-- COUNTY SCHOOL DISTRICT. WE WERE STAYING IN THE RV TEMPORARY. THERE WAS NOT ROOM SO OUR DAUGHTER WAS STAYING IN THE OTHER RV. THERE WAS NOTHING BEING RENTED OUT AS IS MR. POPOVICH IS. AIRBNB THAT NO ONE ASKED IF WE HAD ANY CONCERN WITH BEING IN THE NEIGHBOURHOOD. THERE ARE 11 IMMEDIATE FAMILY MEMBERS OF MINE IN THE NEIGHBOURHOOD. HI TO TEAR DOWN THE HOUSE THAT MY GRANDFATHER BUILTLE WITH HIS OWN HANDS IN 1950. IT BROKE MY HEART TO TEAR THAT HOUSE DOWN. BUT PER THE CONTRACTOR THAT WE REACHED OUT TO, IT WAS NOT WORTH THE EXPENSE THAT IT WOULD TAKE TO SAVE THE HOUSE. IT DID NOT HAVE CONCRETE FLOORS. IT DID NOT HAVE A FOUNDATION. IT WAS JUST AN OLD BLOCK HOUSE BUILT FOR MY GREAT GRANDPARENTS TO LIVE IN AFTER THEY RETIRED AND PASSED AWAY. I'M TRYING TO UPGRADE THE PROPERTY AND MAKE IT NICE SO THAT MY WIFE AND I HAVE SOMEWHERE TO LIVE FOR THE REST OF OUR LIFE ON A PROPERTY THAT'S BEEN IN MY FAMILY LITERALLY FOREVER. THANK YOU. >> THANK YOU. YES, MA'AM. >> HI I'M AVAS OBORNE THERE IS CO-OWNER OF 1413 SPRING STREET AND AS MY HUSBAND ADDRESSED, WE ARE TRYING TO PUT A HOME ON IT FOR US TO LIVE ON. YES, WE WERE IN THE RV FOR AS MR. POPOVICH HAS SAID, BUT THAT WAS ALSO BECAUSE WE HAD HOMELESS PEOPLE BREAK INTO THE HOME AND BURN IT. SO THAT WAS ONE OF THE REASONS WE STAYED THERE WHILE WE TRIED TO HAVE IT FIXED. IT WAS ALSO FULL OF MOLD AND EVERYTHING ELSE. YES WE WOULD HAVE LOVED TO SAVE THE HOME. THAT WAS OUR DREAM TO SAVE THE LITTLE HOME. I ALSO DID NOT SEE HIM WALK OVER AND OFFER TO HELP [01:20:02] NEIGHBOURLY OR COME TALK TO US NEIGHBOURLY. BUT INSTEAD COME IN FRONT OF YA'LL AND COMPLAIN ABOUT US. BUT I AM HERE TO SAY THAT WE WILL GLADLY DECORATE OUR YARD. WE'RE VERY CLEAN PEOPLE. AND JUST BECAUSE PEOPLE LIVE IN A MOBILE HOME DOES NOT MEAN THAT WE ARE BELOW ANYBODY ELSE. IN THAT OUR TRAILER WILL BE VERY CLEAN AND OURER YARD WILL BE VERY DECORATED. I DON'T SEE THAT HE HAS ANY PLANTS IN HIS YARD. THANK YOU. >> MR. POPOVICH, YOU ARE NOT GOING TO BE ALLOWED TO SPEAK AGAIN. >> HI AN ADDITIONAL 30 SECONDS--. >> YOU HAD THE THREE MINUTES. I'M SORRY. REALLY. >> IT'S A SHAME. I MEAN JUST HOW MUCH IT WOULD COST TO BUILD A CINDER BLOCK HOUSE COMPARED TO THAT. SO REBUILDING THAT SHOULD BE CONSIDERED. BECAUSE IF THEY WOULD HAVE WENT THE RIGHT WAY AND GOT A REMODELLING PERMIT. LESS COSTLY THAN A MOBILE HOME. >> PLEASE GO AHEAD AND SIT DOWN. I APPRECIATE YOUR COMMENTS. SORRY. BUT YES, MA'AM. >> HI, I'M DEBORAH TAVIANON, I'M THE MASTERS DRIVE FAMILY. GASPER MASTERS OWNED EVERYTHING FROM MASTERS DRIVE TO BEHIND CROOK SHANK SCHOOL TO SAVANTY'S TO RAVENS. THAT WAS ALL DAIRY LAND IN THERE. OUR FAMILY LAND. AND WE, MY SISTER AND I OWN BOTH PROPERTY ON EACH SIDE OF THIS PROPERTY. AND WE WOULD LIKE OUR NEPHEW TO BE ABLE TO TAKE HIS PLACE IN THE FAMILY LAND, LEGACY, AND ALSO NOBODY EVER ASKED US IF WE WANTED AIRBNB IN OUR NEIGHBOURHOOD. WHICH WE DON'T. THANK YOU. >> THANK YOU. ANYONE ELSE TO SPEAK TO THIS MATTER? SEEING NONE, WE'RE BACK IN THE AGENCY FOR DISCUSSION. MOTION VOTE. MR. LABANOWSKI? >> JUST A COMMENT IN REGARDS TO THE CAMPER. THE SETTING THERE. THEY ARE ALLOWED ACCORDING TO OUR CODES AND MR. SMITH COULD CORRECT ME IF I'M WRONG, TO BE A TEMPORARY DWELLING. AND THAT'S WHY I ASKED THE QUESTION WHETHER IT WAS GOING TO STAY THERE OR NOT. AS A TEMPORARY DWELLING WHILE A HOME IS BEING PUT IN. >> OKAY. MR. MATOVINA? >> I'M PREPARED TO MAKE A MOTION. >> PLEASE DO. >> MOTION TO APPROVE SPECIAL USE PERMIT 2026-03S OBORNE MOBILE HOME BASED UPON EIGHT FINDINGS OF FACTS AND 11 CONDITIONS AS PROVIDED IN THE STAFF REPORT. >> WE HAVE A MOTION AND A SECOND TO APPROVE. I WOULD LIKE TO SAY BEFORE WE START-- MS. SPIEGEL? OKAY. WELL--. I AM SHOCKED AT IS WHAT THE INFORMATION MR. SMITH JUST TOLD US THAT IN FIVE AND A HALF MONTHS THAT WE'RE NOT GOING TO BE ABLE TO EVEN VOTE ON AN ITEM LIKE THIS. THAT IT WON'T MATTER WITH STATE LEGISLATURE DID AND THAT THERE'LL BE MOBILE HOMES IN ANY ZONING DISTRICT. SO-- I'M SURPRISED AT THAT. >> CAN I JUST SAY SOMETHING? >> YEAH, SURE. >> SO ON SPRING STREET THERE ARE OTHER MOBILE HOMES. >> THERE WAS A GOOD MAP IN THE APPLICATION. >> YES, SIR. AND THE SAME ON NORTH WHERE WE DID THAT ONE, THERE'S WHERE THEY PUT THAT MOBILE HOME IT'S PREDOMINANTLY HOUSES. THERE ARE A FEW MOBILE HOMES. OVER THERE ON THE OTHER ONE THAT WE DID. THERE'S SITE BUILT HOUSES STRAIGHT ACROSS THE STREET. SO I MEAN-- I UNDERSTAND WHAT YOU'RE SAYING THERE. AND I UNDERSTAND THIS GENTLEMAN'S THING BUT AT THE END OF THE DAY WHEN IT COMES DOWN TO IT, IF YOU HAVE A PRESENTABLE HOME, WITH ADEQUATE LANDSCAPING OR WHATEVER SNGDZ IT IS A NICE DWELLING. I DON'T REALLY SEE THE PROBLEM. >> WELL I AGREE THAT MOBILE AND MANUFACTURED HOMES ARE FAR DIFFERENT THAN THEY USED TO BE. I CERTAINLY AGREE WITH THAT. AND I DO ALWAYS APPRECIATE THE MAPS THAT SHOW OTHER SUCH STRUCTURES IN A NEIGHBOURHOOD AND IT WAS A GOOD MAP IN THIS APPLICATION. MS. SPIEGEL. OKAY. ANY FURTHER DISCUSSION BEFORE WE VOTE? SEEING NONE. THAT PASSES UNANIMOUSLY 6-0. NOW ORIGINAL ITEM TWO. [2. SUPMAJ 2026-04 Funkadelic Food Shack. Request for a Special Use Permit, pursuant to Section 2.03.02 of the Land Development Code, to allow for the on-premises sale and consumption of alcoholic beverages under the State of Florida Type 4COP beverage license in connection with an existing restaurant located within Commercial Highway and Tourist zoning, specifically located at 4225 A1A South.] THE FUNKIDELC FOOD SHAKE. MS. SPIEGEL. [01:25:09] >> YES CHAIR. I DID A SITE VISIT. >> MR. LABANOWSKI. >> YES I DID A SITE VISIT. GOT THAT CLARIFIED. SO WE'RE GOOD THERE. AND I ENJOYED A NICE SANDWICH THROUGHOUT. GRILLED CHEESE AND GRAB MEAT. THE RV RESORT ON WHICH THIS OPERATION SITS. AND THEREFORE E-MAILS. >> I'VE SEEN THE E-MAILS. AND I'VE BEEN BY THE SITE MANY TIMES. MR. GREEN? >> HOW TO MAKE IT GO-- I'M SORRY. THERE WE GO. GOOD AFTERNOON. MY NAME IS AMANDA ASKER OWNER OF FUNKADELIC FOOD SHACK. I'M A LOCAL RESIDENT, A MOTHER OF TWO YOUNG CHILDREN. MY FAMILY LIVES, WORKS AND INVESTS IN THE COMMUNITY. WE STARTED FUNKADELIC FOOD AS A FOOD TRUCK AND CATERING COMPANY. AFTER MANY YEARS OF HARD WORK, WE OPENED OUR FIRST BRICK AND MORTAR LOCATION WHICH IS 4225 A1A SOUTH. THIS SLIDE CAPTURES WHO WE ARE AND WHO WE STRIVE TO BE. FUNKADELIC FOOD HAS BEEN MORE THAN JUST SERVING FOOD. WE'VE WORKED TO CREATE A GATHERING SPACE WHERE LOCALS AND VISITORS CAN ENJOY GREAT MEALS AND SUPPORT LOCAL TALENT. WE REGULARLY HOST LOCAL MUSICIANS, ARTISTS, CHARITY EVENTS AND ARTESIAN MARKETS BECAUSE WE BELIEVE IN SUPPORTING SMALL BUSINESSES AND BRINGING PEOPLE TOGETHER STRENGTHENS OUR COMMUNITY. WE ARE AND ALWAYS WILL BE A FOOD FOCUSED RES STRAUPBTD. % THIS SLIDE JUST SHOWS WHERE WE ARE. I INCLUDED A FIVE STAR GOOGLE STATUS. WE HAVE LOTS OF HAPPY CUSTOMERS. OUR LIVE MUSIC IS LIMITED TO FRIDAY AND SATURDAY EVENING WHICH CONCLUDES AT 9 P.M. WE UTILIZE PARKING ATTENDANTS DURING BUSY PERIODS AND SPECIAL ORDINARILY AND EFFICIENT.IS - WE ALSO HOST A MONTHLY MARKET THAT GIVES LOCAL ARTISTS AND MAKERS PLACE TO SHOWCASE THEIR WORK AND CONNECT WITH THE COMMUNITY. WE UNDERSTAND THE IMPORTANCE OF BEING A GOOD NEIGHBOR. WE TAKE CONCERNS REGARDING NOISE AND PARKING SERIOUSLY AND HAVE IMPLEMENTED MEASURES SUCH AS THOSE LISTED TO HELP MINIMIZE IMPACTS ON SURROUNDING PROPERTIES. THESE ARE OUR LOVELY PARKING ATTENDANTS AND SECURITY, MIKE, JUSTIN AND TOM. CURRENTLY, OUR TWO COP LICENSE LIMITS US TO BEER WINE AND WINE BASED SPIRIT ALTERNATIVES. MANY GUESTS ARE SURPRISED TO LEARN THAT THESE PRODUCTS ARE FERMENTED RATHER THAN DISTILLED. THEY DO ALLOW US TO OFFER SPECIALTY BEVERAGES BUT THEY DON'T PROVIDE WHAT PEOPLE EXPECT FROM A FULL SERVICE RESTAURANT. APPROVAL OF THE SPECIAL USE PERMIT WOULD ALLOW US TO OFFER DISSTILLED SPIRITS AND HAVE A BETTER BEVERAGE PROGRAM THAT BETTER COMPLEMENTS OUR MENU. I CHOSE TO INCLUDE OUR SALES CHART THAT DEMONSTRATES OUR SALES TO DATE FOR FOOD, CLEARLY SHOWING THAT IT'S OVERWHELMINGLY, OUR SALES ARE OVER WHELMINGLY DRIVEN BY FOOD SALES. THE PERMIT IS NOT ABOUT US BECOMING A BAR. IT'S ABOUT ENHANCING THE DINING EXPERIENCE WITHIN OUR EXISTIG RESTAURANT OPERATIONS. THERE ARE SEVERAL NEARBY RESTAURANTS THAT CURRENTLY OPERATE WITH FULL LIQUOR SERVICE INCLUDING HURRICANE GRILL, WHICH IS OUR DIRECT NEIGHBOR, 450 FEET AWAY, CONNOLLY SHORT DRILL .3 [01:30:04] MILES AWAY AND WORLD FAMOUS OASIS, AGAIN .3 MILES AWAY. OUR REQUEST IS CONSISTENT WITH OTHER ESTABLISHED RESTAURANTS IN THE AREA AND WOULD ALLOW US TO REMAIN COMPETITIVE WHILE CONTINUING TO OPERATE AS A FOOD FIRST RESTAURANT. WHY NOW? AFTER A YEAR OF OPERATING OUR BRICK AND MORTAR LOCATION WE LEARNED TREMENDOUS AMOUNT ABOUT OUR GUESTS, OUR OPERATIONS AND WHAT OUR CUSTOMERS ARE LOOKING FOR. AND THAT WE BELIEVE WE'RE READY FOR THE NEXT STEP. APPROVAL OF THIS SPECIAL USE PERMIT WILL ALLOW US TO MOVE FORWARD WITH OBTAINING THE 4COP LICENSE APPLICATION, WHICH THEN WILL ALLOW US TO BETTER UTILIZE OUR EXISTING BAR AREA AND PROVIDE A MORE COMPLETE DINING EXPERIENCE WHILE REMAINING COMMITTED TO RESPONSIBLE GROWTH AND COMMUNITY MINDED OPERATIONS. LASTLY, I JUST WANT TO THANK THE BOARD FOR YOUR TIME AND CONSIDERATION TODAY. MY FAMILY AND I HAVE POURED OUR HEARTS INTO BUILDING THIS BUSINESS AND CREATING A PLACE THAT CAN SERVE OUR COMMUNITY POSITIVELY. WE WILL ALWAYS REMAIN COMMITTED TO BEING GOOD NEIGHBORS, SUPPORTING LOCAL ARTISTS, MUSICIANS AND OPERATING A FAMILY FRIENDLY FOOD FOCUSED RESTAURANT. WE RESPECTFULLY ASK FOR YOUR APPROVAL OF THIS SPECIAL USE PERMIT. THANK YOU. >> THANK YOU. MR. OLSON? >> YES. YOU ALL ARE -- YOUR RESTAURANT OPERATION IS A TENANT IN THE RESORT, IS THAT CORRECT? >> CORRECT. >> OKAY. AND YOU -- I EXPECT YOU ANTICIPATE A GROWTH OF YOUR BUSINESS ACTIVITY WITH THIS ENHANCED ENHANCEMENT OF FULL LIQUOR SERVICE, IS THAT CORRECT? >> I EXPECT PEOPLE TO ENJOY THAT WE DO HAVE -- >> WHAT I'M GETTING TO IS, SINCE YOU'RE EMPHASIZING ALSO IN ADDITION TO SERVING PEOPLE IN THE RESORT, YOU ARE ALSO -- YOUR APPARENT BUSINESS ORIENTATION IS TO HAVE OUTSIDE PATRONS, ALSO. I'M LEADING UP TO A QUESTION. DO YOU HAVE A GOOD ARRANGEMENT WITH THE RESORT FOR ADEQUATE PARKING FOR PEOPLE -- IT'S VERY LIMITED TO GET TO YOUR RESTAURANT AND PARK THERE. IN FACT, IT'S A GATED RESORT. JUST WANTED TO HEAR A LITTLE BIT MORE ABOUT YOUR ARRANGEMENTS THAT YOU'VE MADE FOR ADEQUATE PARKING ON THE SITE. >> ABSOLUTELY. SO, I WAS TRYING TO SEE HERE -- THIS ONE DOESN'T SHOW IT VERY WELL. I SHOULD HAVE INCLUDED THAT. AGAIN, WE DO HAVE PARKING ATTENDANTS AND SECURITY. THE GENTLEMAN ON THE LEFT WITH THE GOLF CART WILL USHER PEOPLE IN TO AN OVERFLOW LOT WHERE THEY ALSO STORE RV'S AND SUCH FOR PEOPLE JUST USING THAT AS A STORAGE FACILITY IF AND WHEN OUR LOT GETS FULL. WE ALSO HAVE APPROVAL FROM THE ISLAND PREP NEXT DOOR FOR PEOPLE TO PARK THERE AS WELL FOR THE ART MARKET AND THINGS LIKE THAT. IT'S KIND OF OUR OVERFLOW PARKING. >> OKAY. SO YOU HAVE ARRANGEMENTS, FORMAL ARRANGEMENTS FOR ADEQUATE PARKING? >> ABSOLUTELY. >> OFFSITE FROM YOUR RESTAURANT. >> CORRECT. >> THANK YOU. >> OUR OFFICIAL PARKING IS ON THE SOUTH SIDE OF THE OCEAN GROVE BUILDING WHERE I THINK YOU SAW. >> YES. >> SO THERE'S QUITE A NUMBER OF SPACES THERE. AND WITH OUR PARKING ATTENDANTS THEY ARE ABLE TO LINE THEM UP IN AN ORDINARILY MANNER. >> THANK YOU. >> YOU'RE WELCOME. >> ANY OTHER QUESTIONS FROM BOARD MEMBERS? SEEING NONE, ANYONE HERE IN THE GENERAL PUBLIC LIKE TO SPEAK ON THIS ITEM? SEEING NONE, WE'RE BACK IN THE AGENCY. LOOKS LIKE MR. MATOVINA WOULD LIKE TO SPEAK. >> I'LL MAKE A MOTION TO APPROVE SPECIAL USE PERMIT 2026-04, FUNKADELIC FOOD SHACK BASED ON THE CONDITIONS AS PROVIDED IN THE STAFF REPORT. >> I'LL SECOND THE MOTION. >> ALL RIGHT. WE HAVE A MOTION AND SECOND. ANY DISCUSSION? ALL RIGHT. LET'S VOTE. THAT PASSES 5-1. >> THANK YOU. >> THANK YOU. [3. ZVAR 2025-27 Tatum Variance. Request for a Zoning Variance to Table 6.01 of the Land Development Code to allow for a Front Yard setback of ten (10) feet in lieu of the required twenty-five (25) feet along Avenue C for a Through Lot located in Residential, Single-Family (RS-3) Zoning to allow for the construction of a Duplex, specifically located at 6857 A1A South.] ITEM NUMBER 3. THIS IS ZONING VARIANCE TATUM VARIANCE. WE'VE HEARD THIS BEFORE, AT LEAST PART OF IT. SLIGHTLY DIFFERENT. WE NEED EX-PARTE. MS. SPIEGEL. [01:35:04] >> YES, SIR. I DID A SITE VISIT AND I HAD A CONVERSATION WITH A NEIGHBOR WHO SAYS HE'S THE MAYOR OF THE NEIGHBORHOOD. IT WAS A NICE CONVERSATION ABOUT THE DUPLEX HAS ALREADY BEEN APPROVED. WE DID TALK ABOUT A FENCE. THANK YOU. >> MR. LABANOWSKI. >> I VISITED THE SITE AGAIN. TAT'S IT. >> MR. OLSON? >> BEEN THERE MANY TIMES. >> AS HAVE I. MR. OLSON, DID YOU HAVE ANOTHER COMMENT? >> NO. >> FLOOR IS YOURS. >> I'M WITH TATUM CONSTRUCTION. LIKE YOU SAID, IN THE APRIL MEETING YOU APPROVED A VARIANCE FOR THE DUPLEX, BUT THE SETBACK SHOWED A FIVE FOOT SETBACK FOR A1A AND THE COMPROMISE WAS STANDARD 25 FOOT WITH A REDUCTION ON AVENUE C TO BE TEN FEET BECAUSE THAT'S NOT A MAINTAINED ROAD. SEEMED LIKE CONSENSUS WAS EVERYBODY WAS OKAY WITH THAT. WE HAD TO GO BACK THROUGH THE PROCESS. >> IS THAT IT? >> THAT'S IT. >> ALL RIGHT. THERE MAY BE SOME QUESTIONS. ANY QUESTIONS FROM BOARD MEMBERS? SEEING NONE, ANYONE IN THE AUDIENCE WISH TO SPEAK TO THIS ITEM? SEEING NONE -- OH, PLEASE COME FORWARD. COME ON UP. COME ON DOWN. COME ON DOWN. LET US HAVE YOUR NAME AND ADDRESS AND TELL US WHAT YOU HAVE TO SAY. YOU GOT THREE MINUTES. >> MY NAME IS DON MCGIVEN I LIVE SOUTH, RIGHT NEXT DOOR TO SAID CONSTRUCTION GONNA HAPPEN. I'VE BEEN THERE -- MY FAMILY'S BEEN THERE OVER 50 YEARS. I'M NOT REALLY THE MAYOR. THAT'S WHAT EVERYBODY CALLS ME BECAUSE I KNOW EVERYBODY ELSE. I'M EXPECTED TO COME TO THESE MEETINGS AND REPORT TO THE WHOLE NEIGHBORHOOD. ANYWAY, AS YOU SAID, IT WAS ALREADY APPROVED. I WOULD PREFER IT TO BE SINGLE FAMILY DWELLING. IT WILL BE A DUPLEX. WILL PROBABLY BE A VACATION RENTAL. WHICH DOESN'T FIT INTO THE NEIGHBORHOOD. I CAN'T SAY THAT ANYMORE. MORE AND MORE IT'S BECOMING VACATION. MY CONCERN IS AVENUE C AND IT'S NO LONGER AVENUE C. IT'S NOT EVEN CALLED AVENUE C ON YOUR MAPS. ALL IT IS IS AN EASEMENT FOR THE UTILITIES, FOR SEWAGE, POWER AND THE WATER. YOU KNOW? IT'S A DOG WALK, BASICALLY. AND THERE'S BEEN SOME NEW CONSTRUCTION AND THERE'S GONNA BE SOME MORE NEW CONSTRUCTION. MY ONLY CONCERN IS NOBODY USING AVENUE C AS A ROAD BECAUSE IT'S NOT A ROAD. ON THE REPLAT WHEN THE NEW BRIDGE CAME BACK IN IN THE '70S, THEY CLOSED OFF THE END OF AVENUE C. WE CAN GO IN AND OUT AS LONG AS THE STATE DEPARTMENT'S NOT USING IT. BUT THEY PUT THEIR EQUIPMENT DOWN THERE WHENEVER THEY'RE WORKING ON A BRIDGE OR ANYWHERE ELSE ON A1A. YOU CAN'T GO IN AND OUT OF THERE. IT'S NOT A ROAD ANYWAY. THEY LIVE ON AVENUE D BUT HAVE A LOT ON AVENUE C. AND THEY CAME BEFORE ALL Y'ALL TO SEE IF THEY COULD BUILD A HOUSE ON THAT LOT. THEY SAID THERE'S NO WAY THEY COULD BUILD THAT BECAUSE THERE'S NO ACCESS. THEY COULDN'T USE AVENUE C TO ACCESS IT. UNLESS THEY IMPROVED THE ROAD, WHICH WOULD INVOLVE DITCHING IT, PAVING IT. NO WAY. SO BASICALLY COUNTY IS NOT GONNA DO IT. I MOW IT. I TAKE CARE OF IT, YOU KNOW? I USE IT AND MY NEIGHBOR DOES BECAUSE FOR 50 YEARS WE'VE BEEN USING IT. WE IMPROVED THE ROAD FROM MIDDLETON TO OUR HOMES. FROM THERE ON DOWN THERE'S POT HOLES AND DITCHES. ANYWAY, Y'ALL KNOW. YOU'VE BEEN OUT THERE AND SEEN IT. IF I DIDN'T TAKE CARE OF IT, IT WOULD BE GROWN UP THIS HIGH, YOU KNOW? SO MY ONLY CONCERN IS WHATEVER THEY BUILD ON EITHER SIDE, AND THEY'VE BEEN DOING IT ON THE AVENUE D SIDE. MOST EVERYBODY HAS PRIVATE FENCES IN THE BACK. I'M NOT OPPOSED TO A WALK THROUGH GATE. PEOPLE CAN WALK THEIR DOGS OR WALK TO THE STORE. I DON'T WANT PEOPLE USING THAT, ESPECIALLY VACATION RENTALS UP AND DOWN THAT ROAD, TRAFFIC COMING OFF A1A, USING AVENUE C TO GO OUT THE BACK AND SO FORTH. THAT'S ALL I'M OPPOSED TO. THERE'S NOTHING I CAN DO ABOUT THE DUPLEX. IT'S ALREADY APPROVED. THE SETBACK, I'M OKAY WITH IT. I UNDERSTAND THAT. I DO HAVE A LITTLE BIT OF CONCERN -- MY TIME'S GONNA BE UP. ABOUT BUILDING A RETAINING WALL. [01:40:04] THEY GONNA BUILD A RETAINING WALL? GOT TO BRING IT UP OR PUT IT ON STILTS. I DON'T KNOW IF THERE WILL BE ANOTHER MEETING ABOUT THAT, TO APPROVE A RETAINING WALL. I HAD TROUBLE 20 YEARS AGO WHEN THEY DID IT NEXT DOOR. MAN TOOK TREES OFF MY PROPERTY, TEN FOOT ON MY PROPERTY. TOOK MY TREES DOWN SO HE COULD BUILD A RETAINING WALL. I WASN'T THERE. I LIVED IN PAWLAKI AT THE TIME. COME BACK, MY TREES ARE GONE, HE'S BUILDING A CONCRETE WALL AND FILLING IT FULL OF DIRT. IT WAS COMMERCIAL. THEY MADE HIM LANDSCAPE IT. EVEN HAD TO PUT IN A DAMN PUMP AND IRRIGATION SYSTEM. BUT COUNTY DIDN'T SEE HIM MAINTAIN IT. HE NEVER RAN THAT PUMP. EVERYTHING HE PUT IN DIED. >> SORRY TO HEAR THAT, BUT THANK YOU FOR YOUR COMMENTS. >> OKAY. >> THANK YOU. DID YOU ALSO WANT TO SPEAK BACK THERE, YOUR COHORT? >> NO, I DON'T THINK SO. >> ALL RIGHT. ANYONE ELSE TO SPEAK? MS. SPIEGEL? >> SO I WANT TO MAYBE DO A LITTLE TRANSLATING FROM THAT, FROM OUR CONVERSATION, ONE OF THE THINGS YOU SAID YOU WOULD LIKE TO SEE IS A FENCE? WERE YOU INTENDING TO FENCE THE PROPERTY IN BEHIND? >> I'M SURE I WILL. I HAVEN'T GOT THAT FAR. I'M TRYING TO GET APPROVALS. THAT'S DOWN THE ROAD, PROBABLY A YEAR TWO YEARS WHAT I'M GONNA DO. AS FAR AS HAVING A RETAINING WALL, IF YOU LOOK AT THE MAP, BASICALLY EVERY HOUSE IS RIGHT ON THE PROPERTY LINE, WHAT WAS AVENUE C, PER SE. I IMAGINE I WOULD PUT A FENCE UP, JUST FOR PRIVACY, YES. I'M NOT GONNA OBLIGATE ANYTHING. >> I UNDERSTAND. >> AND IT WILL BE AN UPGRADE. IF YOU LOOK AT THE HOUSE NOW, IT'S NOT THAT GOOD. >> JUST TO GET THAT IN THE CONVERSATION. >> YES, MA'AM. >> THANK YOU, SIR. >> YES. >> ANY OTHER COMMENTS? QUESTIONS? SEEING NONE, DO WE HAVE A MOTION? >> I WAS GONNA OFFER A MOTION. MOTION TO APPROVE VARIANCE 202527TATUM VARIANCE BASED UPON FIVE CONDITIONS AS PROVIDED IN THE STAFF REPORT. >> WE HAVE A MOTION. MR. GREEN? >> I'LL SECOND IT. >> ALL RIGHT. MOTION AND SECOND. ANY DISCUSSION? SEEING NONE, VOTING. PASSES UNANIMOUSLY. CONGRATULATIONS. >> CAN I ASK A QUESTION? YOU CAN PUT A MOBILE HOME IN C COLONY, EVERYWHERE? >> IT APPEARS THAT WAY. >> OKAY. LIKE YOU SAID, IT'S AFFORDABLE FOR PEOPLE THESE DAYS SO I GET IT. [4. ZVAR 2026-11 Bargfrede Shed. Request for a Zoning Variance to Section 2.02.04.A.1 of the Land Development Code to allow for a detached accessory structure to be three (3) feet in lieu of the eight (8) foot required Side Yard setback in Residential, Single Family (RS-2) zoning, specifically located at 302 Deerfield Glen Drive.] THANKS SO MUCH. >> ALL RIGHT. THANK YOU. ALL RIGHT. ITEM NUMBER 4. A ZONING VARIANCE BARFREDE SHED, MR. RICHARD BARFREDE. WE NEED EX-PARTE ON THIS. I IMAGINE WE'LL HAVE AT LEAST ONE. MS. SPIEGEL? >> HE'S A NEIGHBOR, I GUESS. I DID GO BACK AND HAVE A LOOK. THANK YOU. >> MR. OLSON? >> YEAH. VISITED THE SITE AND HAVE -- LOOKS LIKE I THINK 17 LETTERS OF SUPPORT, 16 OF THEM VIRTUALLY IDENTICAL IN WORDING AND FORM, AND ONE MORE UNIQUELY WORDED, BUT ALSO IN SUPPORT. MR. LABANOWSKI? >> YEAH. I WAS AT THE SITE, ALSO. WE RECEIVED FROM STAFF ONE E-MAIL. >> ALL RIGHT. FLOOR IS YOURS, SIR. >> THANK YOU. I'M RICHARD BARFREDE. 302 DEERFIELD GLEN DRIVE ST. AUGUSTINE, FLORIDA. 32086. I WANT TO THANK Y'ALL FOR THIS OPPORTUNITY TO GET A VARIANCE THAT I NEED FOR MY HUMBLE UTILITY SHED. LET'S SEE HERE. I'M REQUESTING FOR A LOT LINE FROM EIGHT FEET TO THREE FEET ON ONE SIDE OF THE SHED IS WHAT I NEED, SO A VARIANCE. HERE'S THE LOCATION MAP. [01:45:01] THIS SHOWS WHERE THE PROPERTY IS LOCATED. AND THEN GOING DOWN WHERE THE RESIDENCE IS. THERE'S OUR HOUSE. THE SITE MAP SHOWS WHERE THE SHED SITS. I WAS INFORMED BY ZONING OFFICER, MR. WILLIAMS, CHAD, THAT IF I COULD HAVE MOVED THE SHED BACK BEYOND MY HOUSE BY TEN FEET FROM THE BACK OF MY HOUSE, IT WOULD HAVE BEEN IN COMPLIANCE WITH WHAT THE CODE IS. UNFORTUNATELY, I DON'T HAVE THAT MUCH ROOM BACK THERE SO REALLY THE ONLY PLACE I HAVE TO PUT IT IS RIGHT THERE. AND WHEN I SUBMITTED MY PAPERWORK FOR BUILDING THE SHED, IT WAS ALL STAMPED AND APPROVED FOR PUTTING IT THERE. I STARTED BUILDING IT. MY THINKING WAS THAT -- MY THOUGHT PROCESS WAS IT FOLLOWS, THINK OF A TRAFFIC LIGHT. I HAVE SEVEN PAPERS STAMPED BY ST. JOHN'S BILLING DEPARTMENT. THEY GAVE ME APPROVAL TO BUILD THE SHED. THINKING OF THIS AS A GREEN LIGHT TO BUILD INCLUDING A LAYOUT TO WHERE THE SHED WAS BEING BUILT, NEXT TO MY HOUSE AND PROPERTY LINE. THEN THE YELLOW LIGHT CAME WHEN I CALLED FOR MY FIRST INSPECTION OF THE FLOOR JOIST. IN MY MIND I DECIDED IF I WERE DOING SOMETHING WRONG, IT WOULD BE BROUGHT TO MY ATTENTION AT THAT TIME. THE INSPECTOR MENTIONED SOMETHING TO THE EFFECT THAT HE THOUGHT I KNEW WHAT I WAS DOING, SIGNED OFF ON WHAT HE SAW AND THAT I SHOULD CALL FOR ANOTHER INSPECTION WHEN THE SHED WAS FINISHED. SO I WAS BACK ON THE GREEN LIGHT, KEPT BUILDING. I CONTINUED TO BUILD UNTIL A NEIGHBOR INDICATED TO ME -- SOME NEIGHBORS INDICATED TO ME THAT THE SHED IS ATTRACTIVE AND THAT THEY WOULD LIKE TO HAVE A SIMILAR ONE BUILT. IT'S ACTUALLY, YOU KNOW, I'M BUILDING IT TO BLEND IN WITH THE NEIGHBORHOOD, WITH MY HOUSE, WITH THE SAME TYPE OF SHINGLES, THE SAME TYPE OF SIDING AND COLOR. SO THEN THAT BRINGS US TO THE RED LIGHT SETUP WHERE WE ARE TODAY. A FORMER MEMBER OF THE BOARD OF DIRECTORS OF THE HOMEOWNERS ASSOCIATION DECIDED TO CALL THE ZONING AND CODE ENFORCEMENT DEPARTMENT TO TAKE A LOOK AT THE BUILDING. THIS IS WHEN I MET MR. CHAD WILLIAMS, AND HE INFORMED ME THAT MY BUILDING SETBACKS WERE NOT CORRECT. I DIDN'T FULLY UNDERSTAND WHAT THE STAMP ON THE SETBACKS MEANT. HOWEVER, IN MY MIND I DECIDED SINCE THE INSPECTOR DIDN'T MENTION ANYTHING ABOUT THIS, I WAS CLEAR TO FINISH THE BUILDING. SO HE MENTIONED TO ME THAT I SHOULD CALL FOR MY FINAL INSPECTION WHEN THE SHED WAS FINISHED. THAT'S WHERE I AM NOW. LET'S SEE HERE. LET ME GO BACK. SO THE SHED IS ON THE SITE PLAN WHERE YOU SEE IT THERE. I MIGHT ALSO POINT OUT THAT THE DISTANCE BETWEEN MY NEIGHBOR'S HOUSE ON THE EAST SIDE RIGHT HERE IS 25 FEET AT LEAST. IN CASE FIRE DEPARTMENT OR SOMEBODY HAD TO GET IN THERE TO PUT OUT A FIRE, WE'D HAVE ROOM. THERE WOULD BE ROOM THERE TO GET IN AND OUT. BUT OTHER THAN THAT -- MY HARDSHIP IS THAT I'M -- IN MY GARAGE I HAVE SOME MOTORCYCLES. I'M A MEMBER OF THE CHRISTIAN MOTORCYCLIST ASSOCIATION. WE HAVE A CHAPTER RIGHT HERE IN ST. AUGUSTINE, FLORIDA. WE MEET REGULARLY AT THE HARLEY DAVIDSON DEALERSHIP, WHERE WE DO MINISTRY THERE AND IN ST. JOHNS COUNTY AND ALSO DOWN AT DAYTONA BIKE WEEK. I CONSIDER THOSE AS MY MINISTRY TOOLS BECAUSE WE DO TRAVEL ALL OVER ON THOSE. AND, OF COURSE, MY WIFE INDICATED THAT SHE WOULD LIKE TO PARK HER CAR IN THERE AS WELL, SO BASICALLY I NEED THAT. [01:50:01] ALSO, I'VE BEEN KEEPING A LAWNMOWER IN MY BACK YARD COVERED UP BECAUSE I DIDN'T HAVE A PLACE FOR IT EITHER. BUT THIS WOULD REALLY HELP US TO HAVE THE EXTRA SPACE THAT WE NEED FOR WHAT WE'RE DOING. I WOULD APPRECIATE YOUR CONSIDERATION FOR THE VARIANCE. >> THANK YOU. >> OKAY. >> MR. OLSON? >> YEAH. I GUESS COUPLE QUESTIONS. I GUESS THE FIRST ONE IS WAS THIS STRUCTURE PROVIDED A BUILDING PERMIT BEFORE CONSTRUCTION FROM THE COUNTY? >> YES, I HAVE -- >> THAT DOESN'T SQUARE WITH THE STAFF REPORT. SAID WAS BUILT WITHOUT REQUIRED PERMIT SO I'M TRYING TO UNDERSTAND. >> MR. CHAIR, I'LL TRY TO SPEAK TO THAT REAL QUICK, TO MR. OLSON'S QUESTION. I'M LOOKING AT IT RIGHT HERE. YES, SIR, THIS APPLICANT DID RECEIVE A BUILDING PERMIT. I WILL MAKE THE SLIGHT CAVEAT THAT WHEN WE -- FROM A ZONING PERSPECTIVE, WHEN A SMALL SHED LIKE THIS COMES IN, IT DOESN'T GET A FULL SCALE REVIEW. IT ENDS UP GETTING A STAMP ON IT FOR LITERALLY WHAT WE CALL A SHED STAMP. THAT STAMP BASICALLY INDICATES WHAT THE ZONING SETBACKS ARE FOR SHEDS. AS IT TURNS OUT, THERE'S TWO SETS OF STANDARDS. IF YOU'RE TEN FEET AWAY OR MORE FROM YOUR HOUSE, YOU HAVE TO MEET A LESS STANDARD. IF YOU'RE WITHIN TEN FEET YOU HAVE TO MEET A HEIGHTENED STANDARD. I THINK THE APPLICANT ADDRESSED THAT, THAT HE WAS AWARE THAT WAS ON THERE. NONETHELESS HE PLACED IT WHERE IT ENDED UP BEING. HE DOES HAVE A VALID BUILDING PERMIT, WHICH IS WHY THERE WERE INSPECTORS OUT THERE AND EVERYTHING LIKE THAT. BUT IT IS MORE A FUNCTION OF THE LESSENED CLEARANCE SHEET PROCESS FOR SMALL SHEDS LIKE THIS. >> JUST TO FURTHER CLARIFY, HE HAD THE PERMIT TO BUILD THIS AT ITS LOCATION, OR HE HAD A PERMIT TO BUILD THIS SUPERAND THAT THE LOCATION WOULD NOT HAVE BEEN PERMITTED? >> AS PART OF THE BUILDING PERMIT, THERE IS A GENERALIZED SITE PLAN. DOES LOOK LIKE IT IS SHOWING THE THREE FOOT SETBACK IN THE DISTANCE AWAY FROM THE HOUSE. BUT AGAIN THAT WAS PART OF THE BUILDING PERMIT THAT'S NOT REVIEWED BY THE ZONING DEPARTMENT. >> BASED ON I GUESS WHAT I'M HEARING, YOUR HARDSHIP STATEMENT PROBABLY COULD BE IMPROVED FROM THE ONE YOU HAVE BASED ON SET OF FACTS. YOUR CURRENT HARDSHIP STATEMENT IS THAT IT WOULD BE A HARDSHIP TO REMOVE THE SHED. BUT IF WE HAD THAT HARDSHIP STANDARD FOR EVERYTHING THAT WAS DONE IT WOULD BE A HARDSHIP TO REMOVE IT. IT WOULD SIMPLY SEEM TO BE A POLICY WHERE IF YOU GO AHEAD AND DO SOMETHING WITHOUT A PERMIT, THE HARDSHIP, THE ARGUMENT YOU CAN MAKE IS IT'S A HARDSHIP TO REMOVE IT. I'M REPEATING MYSELF, BUT IT SOUNDS LIKE YOU HAVE REALLY ANOTHER HARDSHIP AGREEMENT, AND THAT IS WHAT YOU JUST SPOKE TO. I DON'T KNOW WHAT ELSE, UNLESS YOU WANT TO COMMENT ON THAT COM COMMENT, I'LL FINISH MY QUESTION. >> THE ONLY OTHER HARDSHIP WOULD BE THAT I DON'T HAVE ANY OTHER PROPERTY WHERE TO PUT THE SHED. BUT ALSO, IT WOULD BE A HARDSHIP TO REMOVE THE SHED, ALSO. BUT I NEED, YOU KNOW -- MY REQUEST FOR THE VARIANCE IS I NEED THE SPACE. I GOT THE PERMIT TO PUT IT THERE AND SO THAT'S WHY I DID START BUILDING. AND PUTTING IT THERE AND GETTING THE INSPECTION, WHICH WAS, WHICH WAS HERE. INSPECTION. WHAT YOU WERE ADDRESSING, THIS PLAN THAT'S STAMPED BY THE BUILDING DEPARTMENT SHOWS WHERE THE SHED IS BEING PLACED NEXT TO THE HOUSE AND THE FENCE LINE. [01:55:03] FOR ME, I HAD -- AND THEN -- OF COURSE, I HAD ALL THE OTHER PAPERS STAMPED ALSO BY THE BUILDING DEPARTMENT TO GO AHEAD. SO I WENT AHEAD. THAT'S WHY I'M HERE REQUESTING THE VARIANCE 'CAUSE I -- I CAN REALLY USE THE EXTRA SPACE. >> MR. LABANOWSKI. >> IN THE DOCUMENTS, YOU SAID IT WAS PLACED ON SKIDS? >> YES. >> ARE THE SKIDS ITSELF ON CONCRETE? >> NO, THEY'RE JUST ON PADS. >> OKAY. >> I SEE YOU GOT THE PERMITS AND EVERYTHING ELSE. YOU GOT HOA APPROVAL. I SAW IN MAY OF 2025 YOU GOT THE APPROVAL ALSO FROM THE HOA. SO YOU GOT IT FROM THE BUILDING SIDE AND YOU ALSO GOT THE APPROVAL FROM THE HOA SIDE. >> CORRECT, YES, SIR. >> I'VE GOT NO ISSUE WITH IT. >> MS. SPIEGEL? >> YEAH. I APPRECIATED ALL THE NEIGHBOR COMMENTS. NO PROBLEM. HOW DID THAT COME ABOUT? IS THAT SOMETHING YOUR PROPERTY MANAGEMENT COMPANY OR HOA REQUIRES? THAT THE NEIGHBORS OPINE WHETHER THEY WERE IN FAVOR OR AGAINST IT? IS THAT PART OF YOUR APPLICATION PROCESS? >> I CONTACTED THE NEIGHBORS. >> YOU DID IT YOURSELF? >> YEAH. ME, FURTHER IN THE DEVELOPMENT. NO ONE WAS -- NO ONE OBJECTED TO WHAT I PUT THERE. >> I JUST HAVE NEVER SEEN THAT BEFORE. I THINK THAT'S A GOOD NEIGHBOR THING TO DO, TALK TO PEOPLE. >> GO AHEAD, I'M SORRY. >> MY ONE QUESTION THAT I HAVE IS, HOW IS THIS TIED DOWN, THIS STRUCTURE? >> IT'S TIED DOWN WITH WHAT THEY WOULD TIE A MOBILE HOME DOWN WITH. >> OKAY. IT'S GOOD AND STURDY FOR STORMS? >> YES. >> THAT WAS MY QUESTION. THANK YOU. >> WITH ANCHORS. >> ANY OTHER QUESTIONS FROM PWORDZ MEMBERS? SEEING NONE, ANYONE IN THE AUDIENCE WISH TO SPEAK TO THIS ITEM? PERHAPS YOUR SON OR GRANDSON WOULD LIKE TO SPEAK. >> YOU WANT TO SAY SOMETHING? >> NO. >> OKAY. WE'RE BACK IN THE AGENCY FOR DISCUSSION, MOTION AND A VOTE. DO WE HAVE A MOTION? MR. LABANOWSKI. >> I'LL MAKE A MOTION AND A COMMENT. AGAIN, I'M GLAD TO SEE HE WENT THROUGH PROPER PROCEDURES. JUST SEEMS LIKE SOMETHING WAS MISSED THERE, AS FAR AS THE VARIANCE WAS CONCERNED. BUT ANYWAY, MAKE A MOTION TO APPROVE ZONE VARIANCE 2026-11 BASED ON FINDINGS AND FACTS AND SIX CONDITIONS AS PROVIDED BY STAFF. >> MR. GREEN? >> YEAH. I'LL SECOND THE MOTION. >> OKAY. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? SEEING NONE, LET'S VOTE. THAT PASSES 5-1. >> THANK YOU. [6. ADMR 2026-01 Administrative Rezoning of Utility Parcels. A request for an Administrative Rezoning of certain lands owned by St. Johns County and used for Government Services to Public Service (PS). This request is a county-initiated rezoning of 11 parcels of land totaling approximately 51 acres throughout St. Johns County. The first required hearing will be held by the Board of County Commissioners on July 21, 2026. The second BCC hearing is scheduled for August 4, 2026. Pursuant to state statute, two (2) public hearings before the Board of County Commissioners are required, one of which must be on a weekday after 5:00 PM unless a majority plus one of the Board decides to hold the meeting at another time.] >> THANK YOU. >> ALL RIGHT. NEXT ITEM, WE HAVE AN ADMINISTRATIVE REZONING BY THE UTILITY DEPARTMENT. MR. GORDON SMITH. I ASSUME WE NEED EX-PARTE FOR THIS? DO WE NEED EX-PARTE? ALL RIGHT. EX-PARTE. I HAVE SEEN SEVERAL OF THE PARCELS THAT ARE SOUTH OF MY HOUSE, AND I'VE BEEN OUT ON THAT WELL FIELD SITE, WHICH I THINK IS THE LARGEST ONE OUT OFF OF 214. THE OTHERS I HAVEN'T LOOKED AT. MR. LABANOWSKI? >> I VISITED MAJORITY OF THE SITES. >> MS. SPIEGEL? >> AS WELL, THANK YOU. >> ALL RIGHT. FLOOR IS YOURS. >> HI. SORRY, I'M NOT USED TO THIS. >> YOU ARE FROM THE UTILITY DEPARTMENT. >> YES. >> I HAVE A QUESTION UNRELATED TO THIS. >> MY NAME IS MELISSA CARROLLY. I WORK AT THE UTILITY DEPARTMENT. WE ARE HERE TODAY TO REQUEST ADMINISTRATIVELY REZONE 11 SEPARATE PARCELS OWNED BY ST. JOHNS COUNTY. WE OPERATE THESE PARCELS WITH WASTE WATER PLANTS, WATER TREATMENT PLANTS, WATER TOWERS, MASTER LIFT STATIONS AND SO ON. MOST OF THESE SITES THAT WE HAVE [02:00:03] LISTED HERE, THEY'RE RESIDENTIAL, IW. WE WANT TO PUT THEM TO PS FOR PUBLIC SERVICE, SO THAT WAY WHEN WE HAVE TO DO UP GRADES, EXPANSIONS, ANYTHING OF THAT NATURE, WE'RE NOT HAVING TO COME TO YOU ALL THE TIME FOR A SPECIAL USE PERMIT. WE CAN FOLLOW THE NORMAL PROCEDURES. PRETTY MUCH THAT IS IT, AS FAR AS FOR WHAT WE'RE WANTING. >> OKAY. ANY QUESTIONS FROM BOARD MEMBERS? I ALSO HAD A CALL FROM A NEIGHBOR ABOUT THIS. I SHOULD HAVE MENTIONED THAT IN EX-PARTE. WHO WAS CONCERNED THAT Y'ALL WANTED TO DEVELOP THESE. I SAID, UTILITY DEPARTMENT IS VERY CONSERVATIVE. I ASSURED, PRETTY SURE THAT'S NOT THE CASE. I HAD TALKED TO, I CAN'T REMEMBER WHETHER IT WAS JACOB OR JIM OR LEX. ANYWAY, YOU'RE NOT GONNA DEVELOP THESE PARCELS? >> NO, SIR. >> OKAY. >> MOST OF THE SITES ALREADY HAVE EQUIPMENT AND EVERYTHING ON THEM THAT WE ARE OWNING AND MAINTAINING. >> RIGHT. >> THE MAIN THING IS TWO OF THE SITES ARE NORTHEAST UTILITY AREAS. WE NEED TO DO EXPANSIONS, BUT THEY ARE NONCONFORMING RIGHT NOW, SO WE'RE HAVING TO DO SPECIAL USE PERMITS IN ORDER TO DO OUR EXPANSIONS THAT WE NEED TO DO AT THESE PLANT SITES. >> BY DEVELOP THEM, I MEANT WHAT MY NEIGHBOR WAS CONCERNED ABOUT, WAS SOMEONE SELLING THEM AND >> I DON'T THINK WE WOULD EVER DO THAT. >> THAT'S WHAT I TOLD THEM. >> I THINK WE'RE READY. >> YEAH. I AGREE. >> I SAID DON'T WORRY ABOUT IT. ALL RIGHT. MR. LABANOWSKI? >> DR. HILSENBECK, THEY WOULD NEED TO BE REZONED OUT OF PUBLIC SERVICE BEFORE ANYONE COULD USE THEM FOR ANYTHING ELSE. >> GOOD SAFE GUARD. >> THE PIECE OF PROPERTY OFF ROUTE 1 JUST WHAT? PUMP STATION? >> RIGHT NOW IT'S JUST AN EMPTY PARCEL OF LAND. EVENTUALLY IT WILL HAVE TO DO WITH A MASTER LIFT STATION, IF I'M NOT MISTAKEN. >> I KNOW THERE'S SOME PIPES IN THERE NOW. >> WE MIGHT BE STARTING THE PROCESS. >> OKAY. >> GETTING EVERYTHING. WE ARE DOING CONNECTIONS WITH PIPELINES FOR SEWER AND EVERYTHING ALONG 95 COMING DOWN WATSON ROAD. SO EVENTUALLY THAT SITE WILL MOST LIKELY HAVE A MASTER LIFT STATION THERE FOR PUMPING AND EVERYTHING GOING BACK TO ANASTASIA ISLAND. >> MS. SPIEGEL? >> YES. I WAS UNDER THE IMPRESSION THAT THAT WAS DONE. I MEAN, THERE'S A HUGE BUNCH OF PIPES. THAT'S MY NEIGHBORHOOD. I DRIVE BY IT EVERY DAY. >> I WANT TO SAY WE SHOULD BE WRAPPING IT UP VERY SOON. IT'S BEEN A PROCESS. >> THIS HAS BEEN A COUPLE YEARS NOW. PIPES GOING DOWN OUR ROAD AND EVERYTHING. IT LOOKS GOOD. IT LOOKS GOOD. I WAS GONNA MAKE A MOTION. >> MR. GREEN HAD A COMMENT, OR I'M NOT SURE IF IT WAS A COMMENT. >> I WAS GOING TO MAKE A MOTION. I'LL GIVE THE FLOOR BACK TO YOU. >> ALL RIGHT. I WANT TO MAKE A MOTION TO RECOMMEND APPROVAL OF ADMR 2026-01 UTILITY PARCELS REZONED BASED UPON FOUR FINDINGS OF FACT. >> I WILL SECOND THE MOTION. >> ALL RIGHT. WE HAVE A MOTION AND A SECOND. SINCE THE WATSON ROAD PARCEL WAS BROUGHT UP, I FORGOT I WANTED TO ASK YOU THIS. I THOUGHT SEVERAL YEARS AGO, TWO TO THREE, MAYBE MORE, WE HAD AN ITEM THAT CAME BACK ANOTHER TIME TO US THAT INVOLVED THAT PARTICULAR PARCEL. IT WAS PARCEL SOUTH OF WATSON ROAD. IT WENT AWAY SOUTH. THERE WAS GOING TO BE AN APARTMENT COMPLEX OR SOMETHING LIKE THAT. I CAN'T REMEMBER THE NAME OF IT. OKAY. THAT WAS IT. I COULD SWEAR THINKING BACK IN MY MIND ON IT THAT THAT DEVELOPMENT CAME RIGHT UP TO WATSON ROAD. ARE YOU AWARE OF THAT? I DON'T SEE HOW THEY COULD DEVELOP IT IF IT WAS UTILITY DEPARTMENT. >> I DON'T KNOW HOW LONG AGO WE ACQUIRED THAT. >> IT'S ON THE OTHER SIDE. >> WE'RE ON THE EAST SIDE OF THE ROAD. >> THAT WOULD SOLVE MY PROBLEM. ALL RIGHT. THANK YOU. >> THANK YOU. >> ALL RIGHT. WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL RIGHT. LET'S VOTE. BEFORE YOU LEAVE AN BEFORE WE ADJOURN THAT PASSES UNANIMOUSLY 6-0. I DON'T KNOW IF ANYONE ELSE KNOWS ABOUT THIS OR HAVE HAD ISSUES WITH IT. THE COUNTY UTILITY DEPARTMENT'S BURNOUT SCHEDULE AND ALL THE [02:05:04] HEAVY CHLORINE THAT WAS PUT INTO THE SYSTEM. I DON'T KNOW IF YOU CAN SPEAK TO THAT, BUT MAN, IT HAS BEEN ROUGH AT MY HOUSE AND A BUNCH OF PEOPLE I KNOW. >> I KNOW WE HAVE HAD A BUNCH OF PHONE CALLS. I CAN'T SPEAK. I DON'T ANSWER THOSE CALLS. I KNOW THEY HAVE BEEN COMING IN. I KNOW THE BURNOUT IS SUPPOSED TO END ON THE 22ND. >> OR 21ST. >> I KNEW IT WAS COMING UP THIS NEXT WEEK. >> IT WILL BE OVER? >> YES, SIR. >> IT'S STILL BAD AT MY HOUSE. I KNOW IT WAS PROBABLY NECESSARY TO GET RID OF EITHER ALGEA, FUNGI. >> IT'S DONE ONCE A YEAR OR EVERY TWO YEARS IT HAS TO BE DONE BY DEP AND THE STANDARDS WE HAVE TO DO. >> I'VE NEVER NOTICED MY WATER BEING AFFECTED SO INTENSELY BEFORE. MAN, IT WAS THIS TIME. BUNCH OF MY NEIGHBORS AND OTHER PEOPLE I KNOW. >> YES, SIR. >> OKAY. ALL RIGHT. THANK YOU FOR THAT. [Staff Reports] AND SO AS WE HEAD TOWARD ADJOURNMENT, ANY STAFF REPORTS? >> NO STAFF REPORT, MR. CHAIR. JUST TO REITERATE OR REMIND THE AGENCY, OUR JULY MEETING WILL BE ON JULY 9TH. THAT IS THE ONE THAT HAS THE DAILIES PLACE COMPREHENSIVE PLAN AMENDMENT IN THE NORTHWEST SECTOR SO BE PREPARED FOR THAT [Agency Reports] ONE. >> ALL RIGHT. THEN WE'RE ON TO AGENCY REPORTS. MS. SPIEGEL SAID SHE HAD SOMETHING. >> WELL, I JUST WANT TO SAY HAPPY 250TH ANNIVERSARY OF AMERICA BEING A NATION. HAPPY 4TH OF JULY. WE'RE GONNA HAVE A BREAK BETWEEN SEEING EACH OTHER. IT WILL BE A FEW WEEKS. I HOPE EVERYBODY HAS A REALLY GOOD CELEBRATION. >> THANK YOU FOR THAT. MR. MATOVINA? >> I HAVE SOMETHING ABOUT MOBILE HOMES. THIS IS NOT A POLITICAL COMMENT. I DON'T NECESSARILY AGREE WITH THE LAW THAT'S GONNA TAKE EFFECT PER SE. BUT IF YOU DON'T -- IF YOU WANT TO CONTROL WHAT HAPPENS ON YOUR NEIGHBOR'S PROPERTY THEN YOU NEED TO BUY AND BUILD IN A DEED RESTRICTED COMMUNITY WHERE THERE ARE REQUIREMENTS. I DO NOT LIVE IN A DEED RESTRICTED COMMUNITY, AND I HAVE SEVERAL HOUSES ON THE PROPERTY THAT WE OWN. THEY ARE SOME PRETTY NICE HOUSES. AND I HAVE TWO MOBILE HOMES ON THE PROPERTY THAT WE OWN. I RENT THEM OUT AT A VERY AFFORDABLE PRICE. ONE TO A GENTLE MAN WHO IS DISABLED AND ANOTHER TO A WOMAN WHO'S LIVED THERE FOR A LONG TIME. I ALSO HAPPEN TO HAVE A HUGE METAL WAREHOUSE ON THE PROPERTY NEXT TO US, WHICH MY WIFE SOMETIMES LOOKS AT AND COMPLAINS ABOUT. I KNOW SHE NEVER WATCHES ME, SO I DON'T HAVE TO WORRY ABOUT BEING IN TROUBLE TALKING ABOUT HER. THAT METAL BUILDING WAS THERE WHEN WE BOUGHT THE INITIAL HOME WITH THE INITIAL ACREAGE AND WHEN WE BUILT TWO ADDITIONAL HOUSES. THE FINAL THING I'M GONNA SAY IS THAT YESTERDAY A FRIEND OF MINE CAME TO MY HOUSE, NOT FOR THIS PURPOSE, BUT IT WAS A SIDE PURPOSE. AND SHE SAID, I HAVE BEEN DELIVERING FOOD TO A WOMAN IN THAT SAME NEIGHBORHOOD WHERE WE JUST APPROVED A MOBILE HOME TODAY FOR NINE YEARS. SHE SAID, I NEED YOUR HELP BECAUSE HER HOUSE IS COLLAPSING AND SHE WANTS TO STAY WHERE SHE IS. AND HOW DO WE GO ABOUT GETTING HER A NEW HOUSE? SHE WAS EXPLORING A NUMBER OF OPPORTUNITIES. I SAID ABOUT THE ONLY WAY YOU'RE GOING TO BE ABLE TO DO THIS IS WITH A MOBILE HOME. THE ONLY WAY YOU WILL ALLOW THIS WOMAN, WHO IS 70 YEARS OLD AND HAS INCOME OF ABOUT $1,800 A MONTH FOR SOCIAL SECURITY IS THROUGH A MOBILE HOME. WHEN PEOPLE COME UP HERE AND SAY THEY ARE OPPOSED TO PROVIDING AFFORDABLE HOUSING FOR PEOPLE WHO NEED IT LIKE HER, I'M PRETTY OPPOSED TO THOSE PEOPLE. THEY NEED TO BUY IN A DEED RESTRICTED COMMUNITY, IN MY OPINION. THOSE ARE MY THOUGHTS. >> GREAT THOUGHTS. MR. LABANOWSKI, SIR? >> MR. SMITH, THE JULY 9TH MEETING, HOW MANY APPLICATIONS DO WE HAVE FOR THAT DAY? >> THERE ARE TWO OTHER AGENDA ITEMS ON THERE, SPECIAL USE FOR ALCOHOL PERMIT AND AN ASSOCIATED DISTANCE VARIANCE FOR IT. BUT WE LEFT THAT LIGHT. >> VERY GOOD. THANK YOU. I WAS WORRIED ABOUT HAVING TO BRING DINNER. >> VERY WISE, FROM WHAT I HEAR. >> MS. SPIEGEL? >> TO MR. MATOVINA. I JUST READ THAT IT LOOKS LIKE IT SHOULD BE APPROVED BY THE END OF THE WEEK. ONE OF THEIR BIG PRIORITIES IS FEDERAL FUNDING. ALSO WE HEAR FROM JENNY HARVEY AND JOE CROHN OFTEN AND BILL LOSARO AND HIS HOUSING PARTNERSHIP, ST. AUGUSTINE. THERE IS HELP. [02:10:05] THAT'S ONE OF THEIR MAIN GOALS. AGENTS GO OUT AND THEY CAN REHAB CERTAIN THINGS THAT LOWER THE RESTRICTIONS ON REHABBING MOBILE HOMES. USED TO BE YOU COULDN'T QUALIFY FOR A MOBILE HOME BECAUSE THEY WEREN'T BUILT UP TO STANDARD. BUT THAT'S CHANGING AS WELL. SO HELP IS ON THE WAY. >> OKAY. ANY OTHER COMMENTS? SEEING NONE, WE ARE * This transcript was compiled from uncorrected Closed Captioning.