[Call to Order]
[00:00:03]
>> ALL RIGHT. GOOD AFTERNOON, EVERYBODY. WELCOME TO THE PLANNING & ZONING AGENCY FOR JUNE 4, 2020. I'M GOING TO CALL THE MEETING TO ORDER HERE.
OF STATEMENTS. AS A PRELIMINARY MATTER, I AM MIKE KOPPENHAFER,ING CHAIR OF THE PLANNING AND ZONING AGENCY. PERMIT ME TO CONFIRM THAT ANY AGENCY AND STAFF MEMBERS WHO ARE NOT PRESENTLY CAN HEAR ME. FELLOW AGENCY MEMBERS WHEN I CALL YOUR NAME PLEASE RESPOND IN AFFIRMATIVE. DR. MCCORMICK THIS IS WHEN YOU WAKE UP, BILL, WHEN YOU TAKE YOUR PHONE OFF MUTE AND YOU SAY "YES" OR "PRESENT." DR. MCCORMICK.
HE WAS HERE A MINUTE AGO. >> HYMNALS DR. HINGST? WE MIGHT HAVE A PROBLEM.
MR. WAINRIGHT I CAN SEE. >> YES, AND I'LL VOTE FOR BOTH OF THEM.
[LAUGHTER] >> RICHARD HILSENBECK IS PRESENT.
I'M SORRY. >> THANK YOU. DR. MCCORMICK, ARE YOU PRESENT ON THE PHONE, THAT IS? I'M GOING TO SAY WE'LL GET BACK TO HIM.
OKAY. WE HAVE A YES FOR HILSENBECK. WE HAVE A YES FOR ARCHIE.
WE HAVE A YES FOR MR. KOPPENHAFER. MS. PERKINS.
>> PRESENT. >> MR. ALAIMO. HE'S NOT HERE.
GOT YOU. MR. MATOVINA. >> HERE.
>> THANK YOU, SIR. AND ONE MORE TIME FOR DR. BILL MCCORMICK.
ALL RIGHT. BILL IS NOT HERE THEN. AT LEAST NOT AT THE MOMENT.
COUNTY STAFF, WE'RE JUST GOING TO LET YOU COME UP AND STATE YOUR NAME WHEN THAT TIME OCCURS.
INTRODUCTION TO MEETING INCLUDING REMOTE PUBLIC PARTICIPATION.
GOOD AFTERNOON AND WELCOME TO THIS REGULAR MEETING OF THE PLANNING AND ZONING AGENCY.
IN ORDER TO MITIGATE THE TRANSMISSION OF THE CORONAVIRUS AND REDUCE RISK OF COVID-19 ILLNESS, THE GOVERNOR HAS SUSPENDED THE REQUIREMENT OF A PHYSICAL QUORUM AND THE BOARD OF COUNTY COMMISSIONERS HAS ADOPTED PROCEDURES TO CONDUCT MEETINGS USING REMOTE PARTICIPATION THROUGH EMERGENCY PROCLAMATION NUMBER 2020-3 SO THAT THE PUBLIC HAS A MEANS TO COMMENT WITHOUT PHYSICALLY ATTENDING. ALONG WITH PROIR PRIOR COMMUNICATIONS INCLUDING EMAIL, THE PUBLIC WILL BE ABLE TO COMMENT BY TELEPHONE WHILE WATCHING THE MEETING VIA GTV OSH BY STREAMING POSTED ON THE COUNTY'S WEBSITE. THE WEBSITES ALSO PROVIDES THE TELEPHONE NUMBER TO USE TO CALL INTO THE MEETING EVEN IF MEMBERS OF THE PUBLIC DO NOT PROVIDE COMMENT, PARTICIPATES ARE ADVISED THAT PEOPLE MAY BE LISTENING WHO DO NOT PROVIDE COMMENT AND THOSE PERSONS ARE NOT REQUIRED TO IDENTIFY THEMSELVES.
PLEASE NOTE THAT THIS MEETING IS BEING RECORDED. FOR THOSE OF YOU CALLING IN TO COMMENT, IF YOU RECEIVE A BUSY SIGNAL, PLEASE CALL BACK. IN ADDITION, PLEASE SELF HELP TIME THE THREE-MINUTE TIME LIMIT BECAUSE ALTHOUGH THE THREE-MINUTE COMMENT TIMER WILL BE VISIBLE TO YOU, BECAUSE OF A DELAY IN TRANS MIG OF THE MEETING, YOUR TIMING WILL BE MORE ACCURATE. FINALLY, PLEASE MUTE YOUR PHONE WHILE YOU ARE WAITING TO COMMENT AND MUTE THE MEETING ON YOUR TELEVISION OR COMPUTER WHEN YOU ARE SPEAKING PLEASE BE AWARE THAT THERE WILL BE A FIVE TO NINE SECOND DELAY WILL ALSO APPLY TO VISUAL PRESENTATIONS, AND IF WE WERE EXPERIENCE ANY TECHNICAL DIFFICULTIES WE WILL RECESS WHILE THEY ARE RESOLVED AND THEN RESUME THE MEETING. MEETING MATERIALS.
THERE ARE MATERILS FOR THIS MEETING AVAILABLE ON THE COUNTY WEBSITE.
GO TO THE HOME PAGE UNDER "AGENDA MINUTES" AND CLOIBLG GROWTH MANAGEMENT AND PLANNING AND ZONING AGENCY MEETING, AND YOU WILL SEE THE LINKS TO THE AGENDA AND THE INDIVIDUAL AGENDA ITEMS IN ORDER TO ACCESS ALL OF THE SUPPORTING MATERIALS. ROLL CALL VOAPT.
FINALLY IF ANY MEMBER OF THE BOARD IS PARTICIPATING REMOTELY THEN EACH VOTE TAKEN IN MEETING WILL BE CONDUCTED BY A ROLL CALL VOTE. AND THAT'S A MOUTHFUL.
SO WE HAVE DONE THAT PART. NOW WE HAVE THE PUBLIC NOTICES STATEMENT READ BY MR. WAINRIGHT.
VICE CHAIR? GOOD AFTERNOON. THIS IS A PROPER NOTICED PUBLIC HEARING HELD IN CONJUNCTION WIT IN CON CURSING 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 THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO OFFER COMMENTS AT A DESIGNATED TIME DURING THE HEARING. ANY MEMBER OF THE PUBLIC DESIRING TO SPEAK MUST INDICATE SO BY COMPILING OUT A SPEAKER CARD WHICH IS AVAILABLE IN THE FOYER.
ADDITIONAL SPEAKERS MAY BE HEARD ONLY AT THE DISCRETION OF THE CHAIRMAN.
SPEAKER CARDS MAY BE TURNED IN TO STAFF. THE PUBLIC SHALL SPEAK AT A TIM TOURING THE MEETING EACH ITEM AND FOR A LENGTH OF TIME THAT'S DESIGNATED BY THE CHAIRMAN WHICH
[00:05:01]
WILL BE FLEE MINUTES SPEAKERS SHALL IDENTIFY THEMSELVES WHOM THEY REPRESENT AND THEN STATE THEIR ADDRESS FOR THE RECORD. SPEAKERS MAY OFFER SWORN TESTIMONY. IF THEY DO NOT, THE FACT THAT TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE AGENCY IN DETERMINING THE WEIGHT OR TRUTHFULNESS OF THE TESTIMONY.II. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTERS CONSIDERED AT THE HEARING, SUCH PERSON WILL NEED A RECORD OF PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PHYSICAL OR DOCUMENTARY EVIDENCE REPRESENTED DURING A HEARING, SUCH AS DIAGRAMS, CHARTS, PHOTOGRAPHS, OR WRITTEN STATEMENTS, WILL BE RETAINED BY STAFF AS PART OF THE RECORD. THE RECORD WILL THEN BE AVAILABLE FOR OTHER BOARDS OR THE COUNTY IN ANY REVIEW OR REPEAL RELATED TO THE ITEM.
III. BOARD MEMBERS ARE REMINDED THAT AT THE BEGINNING OF EACH ITEM THEY SHOULD STATE WHETHER THEY HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM OUTSIDE THE FORMAL HEARING OF THE AGENCY.
IF SUCH COMMUNICATION HAS OCCURRED, THE AGENCY MEMBERS SHALL THEN IDENTIFY THE INVOLVED IN THE MATERIAL CONTENT OF THE COMMUNICATION. IV.
CIVILITY CLAUSE. WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE.
WE WILL DIRECT ALL COMMENTS TO THE ISSUES WE WILL AVOID PERSONAL ATTACKS.
>> THANK YOU, MR. WAINRIGHT. UP NEXT IS PUBLIC COMMENTS. THAT'S WHEN MEMBERS OF THE PUBLIC MAY SPEAK ON ANYTHING THAT IS NOT ON THE AGENDA TODAY. IS THERE ANYONE IN THE ROOM FOR PUBLIC COMMENT? SEEING NONE, LET'S MOVE IT TO THE INTERNET.
IS THERE ANYONE WAITING FOR PUBLIC COMMENTSOME. >> NO PUBLIC COMMENT.
>> THANK YOU. WE'RE CLOSING PUBLIC COMMENT, THEN.
UP NEXT IS APPROVING THE MEETING MINUTES FOR APRIL 2 AND APRIL 16, 2020.
[Approval of Minutes]
DO WE HAVE ANY COMMENT OR MOTION ON THOSE? >> A MOTION TO APPROVE.
>> TALK IN THE MICROPHONE, PLEASE. >> A MOTION TO APPROVE.
>> BOTH? WAS THAT FOR BOTH? >> I'M SORRY IN.
>> WAS THAT FOR BOTH? >> YES, THAT'S FOR BOTH. >> WE HAVE A MOTION TO PROVE MEETING MINUTES FOR APRIL 2 AND THE 16TH. MAY HAVE A SECOND.
>> SECOND. >> THANK YOU FOR THE SECOND. WE'RE GOING TO DO A VOICE VOTE
ON THIS. ALL IN FAVOR SAY AYE. >> AYE.
>> ANY OPPOSED? HEARING NONE, MOTION CARRIES UNANIMOUS.
MOVING ON, WE'RE GOING TO FIND MY AGENDA HERE. HERE IT IS.
WE'RE GOING START WITH ITEM NUMBER 1. THAT'S A GREAT STARTING POINT.
[Item 1]
GOOD AFTERNON. SORRY. BEFORE WE START, DO WE HAVE ANYEX PARTE TO DECLARE, ANY MEMBERS? >> I HAVE NONE.
THIS IS RICHARD HILSENBECK. >> I WILL GO THROUGH THE LIST. MR. WAINRIGHT.
>> NO. >> MR. KOPPENHAFER I DID SPEAK WITH MR. WHITEHOUSE BRIEFLY
>> MR. MATOVINA. >> NO. >> THANK YOU ALL.
OKAY. PLEASE TAKE IT AWAY. >> GOOD AFTERNOON, AGENCY MEMBERS. I AM SELENA RANDOLPH ST. JOHNS COUNTY PLANNER.
MAY I RENT ITEM NUMBER 1, ZONING CARE VARIANCE 2020-05 RESIDENCE. THIS IS A REQUEST FOR A ZONING VARIANCE TO LAND DEVELOPED. CODE TABLE 6.01 TO ALLOW A REAR YARD SETBACK OF EIGHT FOOTS IN LIEU OF THE TEN FOOT REQUIREMENT IN RESIDENTIAL GENERAL RG 1 ZONING TO ALLOW FOR A REBIFLTD PREVIOUSLY APPROVED SECOND MAIN USE STRUCTURE. THE SUBJECT PROPERTY IS LOCATED AT 3016 AND A PORTION OF 3024 COASTAL HIGHWAY. THE PROPERTY IS OCEAN FRONT I SITUATED ON EAST SIECHED COASTAL HIGHWAY. IT IS NORTH OF PALMETTO AVENUE AND SOUTH OF SURFSIDE AVENUE. THE FUTURE LAND USE DESIGNATION IS RESIDENTIAL C.
THE PROPERTY IS ZONED RESIDENTIAL GENERAL RG-1. THE PLOT CONTAINS ZO AREN'T 54 ACRES OF RESIDENTIAL LAND WITH TWO MAIN USE STRUCTURES. THE APPLICANT REQUESTS A REAR
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YARD SETBACK REDUCTION FROM 10-FOOT TO 8-FOOT. THE APPLICANT STATES THEY PLAN TO DEMOLISH THE WESTERN INFRASTRUCTURE AND REBUILD WITH A NEW SINGLE FAMILY RESIDENCE.AS EXPRESSED IN THE APPLICANT'S NARRATIVE, UNDER THE USUAL SHAPE OF THE LOT PROVIDE SITE CONSTRAINTS THAT CREATE A HARDSHIP FOR RECONSTRUCTION OF THE STRUCTURE.
THIS IS THE SITE PLAN THAT WAS SUBMITTED. YOU CAN SEE THE PROPERTY LINE WAS OUTLINED IN BOLD BLACK. COASTAL HIGHWAY IS HERE ON THE TOP OF THE SCREEN.
THE EAST RESIDENCE IS DOWN HERE BOTTOM LEFT OF THE SCREEN. THE JANET RESIDENCE IS ON THE RIGHT DIDN'T ADJACENT RESIDENCE ON THE RIGHT OF THE SCREEN. IT IS THE NEIGHBOR'S PROPERTY.
SEE WHERE THE DARK BLACK IS THE ACTUAL PROPERTY. THE HOUSE IN QUESTION THAT IS PLANNING TO BE DEMOLISHED IS THE ONE CLOSEST TO THE ROADSIDE. ALL RIGHT.
SO WE HAVE SHOWN HERE THE PINK IS THE CURRENT WESTERN STRUCTURE.
IT'S THE ORIGINAL STRUCTURE. IT'S TO BE DEMOLISHED. IN BLUE YOU CAN SEE WHERE THEY'RE PLANNING ON THE PROPOSED REPLACEMENT. YELLOW SHOWS THE CURRENT SETBACK REQUIREMENTS. ACCORDING TO THE PROPERTY APPRAISER'S OFFICE, THE CURRENT WESTERN STRUCTURE WAS BUILT AROUND THE 15 INFORMANTS 50S PRIOR TO THE ESTABLISH.
LAND DEVELOPMENT CODE. THE STRUCTURE ENCROACHES BEETH THE FRONT AND REAR SETBACKS.
AS A RESULT IT FAILS TO MEET THE RG-1 SETBACK REQUIREMENTS AND IS CONSIDERED CONSIDERED A LEGAL NON-CONFORM STRUCTURE. THE HOMEOWNER PURCHASED THE PROPERTY IN THE CURRENT NON-CONFORMING CONDITION AND SEEKS A VARIANCE FOR THE REBUILD OF THIS WESTERN STRUCTURE.
HERE ARE SOME PHOTOS OF THE PROPERTY. THIS IS THE FRONT VIEW FROM THE ROAD. IT SHOWS HOW CLOSE THE WESTERN STRUCTURE IS TO THE MAIN ROAD.
NORMALLY PROPERTY LINES CAN BE ESTIMATED WITH THE POWER LINES, SO IF YOU SEE WHERE THE POWER LINES ARE, YOU CAN SEE HOW CLOSE THE HOME IS TO THE FRONT OF THE ROAD.
THIS IS THE REAR OF THE HOUSE. YOU CAN SEE HERE HOW CLOSE IT IS TO THE NEIGHBOR'S PROPERTY.
THE NEIGHBOR'S PROPERTY IS -- SO THAT VIEW TO THE SOUTH, THAT MIDDLE PICTURE IS ON THE LEFT HERE WHERE THE FLAG IS HANGING, THAT IS ACTUALLY THE NEIGHBOR'S GARAGE, SO THAT'S HOW CLOSE THAT WESTERN STRUCTURE IS TO THE NEIGHBOR. RG-1 ZONING ALLOWS MORE THAN ONE MAIN USE STRUCTURE BY RIGHT. BECAUSE OF THE SHAPE OF THE PROPERTY HAS TWO REAR LOT LINES, IN THIS CASE THE FRONT AND REAR LOT LINES ARE PARALLEL TO EACH OTHER AND THE SIDE LOT LINES ARE PARALLEL TO EACH OTHER. THE PROPOSED SITE BLAN BUILD SHOWS THE NEW STRUCTURE WILL BE SET BACK FURTHER FROM THE MAIN ROAD, SET BACK FURTHER FROM THE ADJACENT RESIDENCE AND WILL HAVE A SMALLER FOOTPRINT. STAFF HAS RECEIVED TWO PHONE CALLS IN REGARDS TO THIS.
STAFF HAS NOT RECEIVED ANY OTHER CORRESPONDENCE REGARDING THIS REQUEST.
STAFF FINDS THE REQUES MEETS THE PROVISIONS OF THE COMP PLAN AND APPEARS TO MEET THE INTENT OF THE LAND DEVELOPED. CODE. STAFF PROVIDES FIVE FINDINGS OF FACT AND SIX CONDITIONS TO SUPPORT A MOTION FOR APPROVAL& AND FIVE FINDINGS TO SUPPORT A MOTION FOR DENIAL. THAT IS THE END OF MY PRESENTATION.
THE APPLICANT IS HERE AND HAS HIS OWN PRESENTATION, AND I AM AVAILABLE FOR ANY QUESTIONS.
>> THANK YOU VERY MUCH. IF WE COULD HAVE THE APPLICANT'S REP REPRESENTATIVE STEP FORWARD.
>> GOOD AFTERNOON, MR. CHAIR, MR. VICE CHAIRMAN. FOR THE RECORD, MY NAME IS JAMES WHITEHOUSE OF ST. JOHNS LAW GROUP 104 SEA GROVE MAIN STREET HERE IN ST. JOHNS COUNTY, FLORIDA. I'M HAPPY TO BE HERE ON BEHALF OF DR. GRUBB.
HE APOLOGIZES FOR NOT BEING HERE. HE'S FROM -- LIVES PRIMARILY IN GEORGIA. HE'S AN INTERNAL SPECIALIST IN CRITICAL CARE NEFF ROLG AND SO HE'S A LITTLE BIT TIED UP DID WITH AWLGT STUFF THAT'S GOING ON CURRENTLY WITH THE PANDEMIC.
IN ANY CASE I'M HAPPY TO BE HERE ON HIS BEHALF. YOU HEARD THE STAFF REPORT AND THE STAFF RECOMMENDATION. I JUST WANT TO GO THROUGH THIS BRIEFLY.
FOR EVERYBODY. THIS IS THE LOCKS OF THE PROPERTY WHEN YOU COME DOWN T THE EASTERN END OF THE VILANO BRIDGE AND TAKE A LEFT UP COASTAL HIGHWAY.
IT'S A FEW BLOCKS UP ON THE OCEANSIDE OCEAN OCEAN IS SM DECIDE SIDE.
[00:15:03]
THE REQUEST IS TO MINIMAL SETBACK AGS DEFINED BY THE ST. JOHNS COUNTY ROAD CODE.THE VARIANCE IS HARDSHIP BECAUSE OF THE SHAPE OF LOT AND EXTREMELY NARROW BUILD AREA REQUIRED BY THE RURNT RG-1 SETBACKS. REBUILD STRUCTURE WILL BRING THE SIDE AND REAR SETBACKS AND WILL ACTUALLY INCREASE THE REAR SETBACK FROM APPROXIMATELY 3 FEET TO 8 FEET, AS YOU HEARD THE STAFF. THE CURRENT STRUCTURE IS VERY SPREAD OUT UP IN THAT SMALL AREA OF THE PROPERTY, IN FACT, IT COMES VERY CLOSE TO COASTAL HIGHWAY, MAYBE 2 OR 3 FEET FROM THE RIGHT-OF-WAY, AND THEN IN THE BACK IT'S ABOUT 3 FEET FROM THE NEIGHBORING PROPERTY. THIS PARTICULAR REBUILD WILL ALLOW THOSE -- THE CLOSENESS TO THOSE PROPERTY LINES TO BE INCREASED SIGNIFICANTLY. AS YOU CAN SEE, DR. GRUBB AND HIS WIFE HAVE OWNED THIS PROPERTY FOR CLOSE TO 40 YEARS. THEY BOUGHT THE PROPERTY AROUND 1980. AT SOME POINT IN THE PAST, I THINK THESE TWO PROPERTIES, THE PROPERTY TO THE NORTH AND THIS PROPERTY, WERE TOGETHER, AND THEN WHEN THE STRUCTURES WERE BUILT, THE STRUCTURE THAT WE ARE TALKING ABOUT TODAY THAT CURRENTLY SITS UP IN THAT SMALL AREA IN THE FRONT PART OF DR. GRUBB'S PROPERTY IS THE OLDEST STRUCTURE ON THAT, THOSE COMBINED PIECES OF PROPERTY, AND THEN I BELIEVE THE HOUSE WHERE THE NEIGHBORS LIVE LIVE WAS BUILT AND THEN AT SOME POINT IN THE PAST 40 YEARS, AND MAYBE EVEN PRIOR TO THAT -- I'M NOT SURE -- WAS SPLIT OFF AND THAT'S WHY YOU HAVE THE CLOSE PROXIMITY OF THE HOUSES.
IN ANY CASE, AS THE STAFF TOLD YOU, THEY HAD A RIGHT TO BUILD TWO STRUCTURES ON THIS PROPERTY.
IN RG-1 1 THERE WAS A HOUSE BUIT BACK ON THE SOUTH-SOUTHEASTERN PORTION OF THE PROPERTY IN 2008.
OVER THE YEARS IN OLDER MAIN USE STRUCTURE HAS DETERIORATED, BOTH FROM NORMAL COASTAL WEAR AND TEAR AND THE WORRISOME HURRICANES THAT WE'RE ALL VERY FAMILIAR WITH.
NOW THEY'RE IN A POSITION TO REBUILD THAT STRUCTURE. IT'S NON-INHABITABLE AT ANNOINT.
IN FACT, I THINK THERE'S A NUMBER OF VERMIN AND RODENTS AND ALL KIND OF, YOU KNOW, THINGS GOING ON WITH THE HOUSE THAT ARE NOT GOOD FOR ANYONE. I THINK YOU'LL HEAR THE SAME FROM THE NEIGHBOR. IN ANY CASE, THIS IS GOING TO BE GOOD FOR EVERYBODY TO GET THE OLD STRUCTURE OUT OF THERE AND TO BUILD THIS NEW STRUCTURE. BUT GOING BACK TO WHY WE'RE HERE, WE'RE HERE TO ASK YOU BECAUSE OF THE FACT OF THE UNUSUAL SHAPE OF THIS STRUCTURE FOR A MINOR VARIANCE IN THE REAR PART OF THE LOT AND GOING BACK TO THE SITE PLAN, AS STAFF POINTED OUT TO YOU, THE PINK IS THE OUTLINE OF THE CURRENT STRUCTURE AND YOU CAN SEE HOW MUCH OF THIS FRONT AREA THE CURRENT STRUCTURE TAKES UP. THE NEW PROPOSED STRUCTURE IS IN THE BLUE, SHRINKS IT DOWN SIGNIFICANTLY. IT INCREASES THIS SETBACK FROM COASTAL HIGHWAY, AND SOME OF YOU MAY BE FAMILIAR WITH THIS PARTICULAR HOUSE ON COASTAL HIGHWAY. IT'S ONE OF THE CLOSEST ONCE TO A1A ALL ALONG THAT STRETCH.
IN ANY CASE, THIS REBUILD WHEN WE TAKE THIS OTHER STRUCTURE OUT OF HERE WILL PULL THE NEW STRUCTURE BACK BEHIND THE 25-FOOT BUILDING RESTRICTION LINE FROM A1A, NUMBER ONE.
NUMBER TWO, IT WILL INCREASE THE SETBACK ON THE NORTHERN SIDE OF THE HOUSE TO THE BLUE.
CURRENTLY IT'S THE PINK. THIS IS THE DRIVEWAY ACCESS FOR THE NEIGHBOR'S RESIDENCE OVER HERE. I'M SORRY. THIS IS THE PROPERTY LINE.
OVER HERE. AS YOU CAN SEE, THE PINK IS VERY CLOSE AND REALLY THE PINK I BELIEVE IS AT THE 8-FOOT SETBACK LINE. WE WILL BE INCREASING THAT, AND I DON'T I DON'T KNOW THE EXACT DISTANCE, BUT IT'S INCREASING THE AREA HERE.
SO HOPEFULLY IT WILL ALSO ALLEVIATE ANY OF THE CONCERNS BY THE NEIGHBOR THAT THERE'S ANY INTERFERENCE WITH THEIR ACCESS, NUMBER ONE. AND NUMBER TWO, AS YOU CAN SEE, THE PINK STRUCTURE JUTS OUT, WHICH IS THE OLD STRUCTURE, ALL THE WAY AS YOU SAW FROM THE PICTURES AND STAFF, THEIR WALKWAY COMES THROUGH THIS AREA HERE.
IT JUTS OUT ALMOST BLOCKING THAT SECTION OF THEIR HOUSE OUT. THE BLUE STRUCTURE WILL BE PULLED BACK FURTHER TO THE SOUTH AND ALSO HE DESIGNED IT IN A FASHION WHERE THERE IS AN INDENTATION ON NORTHEASTERLY CORNER STHOAF MORE SO THEY HAVE MORE ROOM ON THE FRONT OF THEIR HOUSE. IN ANY CASE THIS IS THE AREA THAT WE'RE ASKING FOR THE VARIANCE. AS YOU HEARD OF FROM STAFF AND YOU CAN SEE FROM THE DIAGRAM,
[00:20:04]
THIS SECTION OF THE PROPERTY IS APPROXIMATELY 65 FEET LONG. WHEN YOU TAKE THE FIVE HAVE 25 FEET OFF TO REMOVE THE FROPT SETBACK THAT REDIETSZ 40 AND THEN YOU TAKE THE ANOTHER 8 OFF IT REDUCES IT IS TO 32. IT'S VERY CONSTRAINED IN THIS AREA.IT'S ONLY A 32-FOOT WIDE STRUCTURE FROM REAR HERE TO HERE EVEN WITH THE 8-FOOT SETBACK ON THIS REAR SIDE. AS I SAID, THE VARIANCE WE'RE ASKING FOR IS TO GO FROM 10 TO THIS SIDE -- I'M SORRY -- TO GO FROM THE CURRENT WHICH IS 3 TO 8.
THE REQUIREMENT OF THE CODE IS 10. SO THE VARIANCE IS ASKING FOR 2 PEET RIGHT HERE ON THIS SIDE, AND AS I SAID THE HARDSHIP IS THE SHAPE OF THE LOT.
YOU HEARD THE STAFF AGREES WITH THAT NUMBER ONE. NUMBER TWO, THIS IS TAKING OFF THIS WHOLE CORNER OF THIS BUILDING SO THAT 8-FOOT, THE VARIANCE GOING TO 8-FOOT IS NOT IMPACTING THIS AREA OVER HERE BECAUSE THERE'S NOT GOING TO BE ANY HOUSE HERE.
IT'S JUST REALLY IMPACTING FROM THE CORNER HERE TO HERE. SO THIS SMALL AREA RIGHT HERE IS IMPACTED FOR 2 FEET. IN ANY CASE, YOU GUYS HAVE, YOU KNOW, THE ELEMENTS FOR GRANTING A VARIANCE. YOU GUYS KNOW THEM VERY WELL. AND AS YOU HEARD THE STAFF, THEY BELIEVE THAT IT MEETS THOSE ELEMENTS OF THE LAND DEVELOPMENT CODE, AND I WON'T GO THROUGH THAT AGAIN. IN CONCLUSION, WE JUST ASK YOU TO TAKE THIS ALL INTO CONSIDERATION. I HAVE HAD AN OPPORTUNITY AND THE DOCTOR'S HAD AN OPPORTUNITY TO SPEAK TO THE NEIGHBOR. I BELIEVE THE NEIGHBOR IS HERE TO SPEAK TO YOU.
SO WE'LL LISTEN TO THEM AS WELL. BUT I'VE SPLIEND TO EXPLAL THE THINGS WE'VE I'VE TALKED ABOUT, AND I APPRECIATE YOUR CONSIDERATION. THANK YOU, SIR.
>> THANK YOU. A NOTE TO THE MEMBERS HERE, IF YOU'RE ON THE PHONE, IF YOU COULD MUTE YOUR PHONE. THERE'S SOME PAPER SHUFFLING GOING ON THAT'S INTERRUPTING THING ON THIS END. IF WE COULD -- LET'S OPEN IT UP, TRY AND DO THIS EXPEDITIOUSLY BECAUSE IT'S ONLINE. LET'S SEE WHAT WE HAVE IN TERMS OF PUBLIC SPEAKERS.
>> MR. CHAIR, WE HAVE TWO PUBLIC SPEAKER CARDS. >> GO AHEAD, ARCHIE.
>> THE REAL DILEMMA HERE, THEY'RE MARRIED. THEY'RE SITTING AT A SOCIAL DISTANCE. I DON'T KNOW WHICH ONE TO CALL FIRST.
>> YOU CAN CALL ME FIRST BECAUSE -- >> I'LL CALL MS. PENNY RAILING.
>> CAN I COME UP? >> IF YOU WOULD COME UP AND TELL US YOUR NAME AND ADDRESS.
>> YES. NAME IS PENNY -- I'VE NOTE GOT THREE MINUTES? I'LL TAKE LESS THAN THAT. MY NAME IS PENNY RAILING I LIVE AT 2304B COLT HIGHWAY.
THAT BUCS FLAG IS OURS. WE LIKED THEM BEFORE BRADY JUST FOR THE RECORD.
WE ARE NOT OPPOSED TO THIS. IT REALLY WILL HELP US RIGHT NOW.
THE CONDITION THAT HOUSE IS IN IS HORRIBLE. I'M EMBARRASSED TO SAY BUT MY HUSBAND GOT SICK FROM RATS OUT OF THE GARAGE WHICH I THOUGHT HE WAS GOING TO HAVE TO SELL OUR BOAT, BUT I DON'T KNOW WHAT'S LIVING OVER THERE, IT'S BAD. SO THE HOUSE HAS GOT TO GO.
WE LIVE THERE FULL-TIME, WE'RE NOT PART-TIMERS. THIS IS OUR HOME.
SO WE'D LIKE TIGHT HAPPEN. AND WE KNOW IT'S A WEIRD LOT BUT WE JUST WANT TO BE UP HERE ON RECORD THAT WE SUPPORT DR. GRUBB ON WHAT HE WANTS TO DO. KEPT IT QUICK.
>> YOU DID. THANK YOU. APPRECIATE THAT.
>> MR. RAILING, DO YOU WANT TO COME UP? >> I CAN'T FOLLOW THAT.
>> SMART GUY. >> GOLLY. NO MORE PUBLIC SPEAKER CARDS.
>> ONLINE, DO WE HAVE ANY PUBLIC SPEAKERS? >> NO PUBLIC COMMENT.
>> ALL RIGHT. THANK YOU. THEN WE'RE OUT OF PUBLIC COMMENT. THIS IS WHEN WE'RE GOING TO OPEN IT UP TO THE AGENCY MEMBERS FOR QUESTIONS OR COMMENTS TO THE APPLICANT OR TO STAFF. DR. HILSENBECK.
>> THE ONLY THING I'LL SAY IS I THINK THIS IS ABOUT THE MOST REASONABLEREQUEST THAT I'VE
SEEN IN MY SHORT TENURE ON THE BOARD. >> THANK YOU.
MR. WAINRIGHT. >> NO QUESTIONS. NO COMMENTS.
>> I HAVE ONE. SO THE NORTHERNMOST PROPERTY LINE ON THE WESTERN SIDE LOOKS LIKE IT SPLITS THE DRIVEWAY OF -- THE PUBLIC SPEAKER HERE. I ASSUME THERE'S SOME UNDERSTANDING THAT THERE WON'T BE A FENCE OR ANYTHING OR SOMETHING THAT WOULD BLOCK THAT
OFF? >> THAT'S RIGHT. THEY HAVE EASEMENT RIGHTS GRANTED WHEN THIS PIECE OF THE PROPERTY WAS SPLIT OFF WAY BACK WHEN, AND THIS TYPE OF ACTION CAN'T DISTINGUISH ANY TYPE OF LEGAL RIGHTS THEY ALREADY HAVE ACCESS TO THAT PROPERTY.
>> THAT'S ALL I HAVE. MS. PERKINS, QUESTION? >> NO QUESTIONS.
>> MR. MATOVINA. >> NO QUESTIONS. >> ALL RIGHT.
[00:25:02]
>> AND I DON'T HAVE ANY QUESTIONS. >> DR. MCCORMICK IS HERE.
WOW. >> I'VE BEEN HERE ALL ALONG. >> NO, YOU HAVEN'T.
I GOT AN X BY YOUR NAME. AND A FROWNY FACE BECAUSE YOU DIDN'T ANSWER THREE ROLL CALLS.
>> NO, I HAVE NO QUESTIONS. I AGREE WITH DR. HILSENBECK, AS A MATTER OF FACT.
>> ALL RIGHT. AND YOU'RE GOING TO MUTE YOUR PHONE WHEN WE STOP CONVERSING, RIGHT, BILL? SOMEBODY IS SHUFFLING A LOT OF PAPERS BACK THERE.
>> NOT MINE. >> OKAY. >> I WAS MUTED.
>> VERY GOOD. THANK YOU. ALL RIGHT.
ENOUGH JOKING ASIDE. DO WE HAVE ANYTHING MORE FOR THE APPLICANT FROM THE MEMBERS' PERSPECTIVE? OR STAFF? ALL RIGHT.
THEN WE'RE BACK IN THE AGENCY FOR THOUGHTS, COMMENTS OR A MOTION.
>> WELL, I MOVE TO APPROVE. >> ALL RIGHT. MOTION TO APPROVE BY
MR. MCCORMICK. DO WE HAVE A SECOND? >> MR. CHAIR, COULD THE PERSON MAKING THE MOTION PLEASE READ THE MOTION AS PROVIDED FOR THE RECORD, PLEASE.
>> THAT'S A GOOD IDEA. BILL, WILL YOU READ THE MOTION ON PAGE 1.
>> MOTION TO APPROVE ZONING VARIANCE 2020-05, GRUBB RESIDENCE, 316, 324 COASTAL HIGHWAY, REQUEST FOR A ZONING VARIANCE TO LAND DEVELOPMENT CODE TABLE 6.01 TO ALLOW A REAR YARD SETBACK OF 8 FEET IN LIEU OF 10-FOOT REQUIREMENT IN RESIDENTIAL GENERAL RG-1, ZONING TO ALLOW FOR A REBUILD OF THE PREVIOUSLY APPROVED SEC MAIN USE STRUCTURE BASED ON FIVE FINDINGS OF FACT AND SUBJECT TO SIX CONDITIONS PROVIDED IN THE STAFF REPORT.
>> ALL RIGHT. THANK YOU. WE HAVE OUR FORMAL MOTION NOW.
DO WE HAVE A SECOND? >> SECOND. >> I'LL SECOND.
>> ALL RIGHT. DR. HILSENBECK SECONDS. WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? SEEING NONE, WE'LL DO A ROLL& CALL VOTE.
DR. HILSENBECK. >> YES. >> MR. WAINRIGHT.
>> YES. >> MR. KOPPENHAFER SAYS YES. MRS. PERKINS.
>> YES. >> MR. MATOVINA. >> YES.
>> AND DR. MCCORMICK. >> YES. >> ALL RIGHT.
MOTION CARRIES 6-0. THANK YOU VERY MUCH. GOOD LUCK WITH THAT.
HOPE THE RATS GO AWAY. >> ME, TOO. >> ITEM NUMBER 2, MS. COOLLY.
[Item 2]
ANY EX PARTE TO DECLARE, PLEASE SPEAK UP. >> GOOD AFTERNOON, MR. CHAIR, MR. VICE CHAIR, AND AGENCY MEMBERS ONLINE. FOR THE WORD MARIE KEEL WITH GROWTH MANAGEMENT. THE SEC ITEM FOR YOUR CONSIDERATION IS MINOR MODIFICATION 2020-04 FOR CENTER ACADEMY. THIS REQUEST IS FOR A MINOR MODIFICATION TO THE JEWELTON CREEK PLANTATION PLANNED UNIT DEVELOPMENT TO ALLOW FOR A PRIVATE SCHOOL. THE LOCATION 16 JEWELINGTON PLAZA DRIVE.
IT IS LOCATED WITHIN THE JEWELINGTON CREEK DRI. AND AS I STATED IS CURRENTLY ZONED PLANNED UNIT DEVELOPMENT. THE APPLICANT SEEKS APPROVAL OF A MINOR MODIFICATION TO ALLOW PRIVATE SCHOOL WITH CONVENTIONAL ACADEMIC CURRICULUM. THE JEWELINGTON CREEK PLANTATION PUD DOES NOT ALLOW PRIVATE SCHOOLS BY RIGHT, HOWEVER IT DOES ALLOW FOR NEIGHBORHOOD COMMERCIAL USES WHICH INCLUDES PRIVATE SCHOOLS AS A SPECIAL US USE.
THE PROPOSED SCHOOL WILL INCLUDE FOUR CLASSROOMS AND AN ASSOCIATED ADMINISTRATIVE OFFICE. THE SCHOOL HAS BEEN FAMILY OPERATED SINCE 1968 PROVIDING COLLEGE PREP CURRICULUM FOR STUDENTS WITH LEARNING ABILITIES IN THE GRADES 4 THROUGH 12.
THIS IS THE INTERIOR FLOOR PLAN THAT WAS SUBMITTED BY THE APPLICANT.
YOU CAN SEE THERE ARE TWO CLASSROOMS TO THE SOUTH HERE AND TWO CLASSROOMS HERE.
THESE ARE ADMINISTRATIVE OFFICES WITH THE ACCESSIBLE RESTROOMS. THEY'VE ALSO PROVIDED AN OVERALL SITE PLAN OF THE PROPERTY TO SHOW ADEQUATE PARKING. THIS IS AN AERIAL VIEW.
THIS IS A, I BELIEVE A RETAIL ESTABLISHMENT, FLOORING, THAT TYPE OF ACTIVITY.
THIS IS THE GODARD SCHOOL WHICH IS ACTUALLY A DAYCARE CENTER AND NOT A PRIVATE SCHOOL.
YOU HAVE THE GAS STATION WITH CONVENIENCE STORE HERE AND THIS IS THE WALGREENS.
SO THE AREA IS COMMERCIAL IN NATURE. BASED ON THE ANALYSIS PROVIDED, THE REQUEST APPEARS TO MEET THE REQUIREMENTS OF THE COMPREHENSIVE PLAN LAND
[00:30:01]
DEVELOPMENT CODE. STAFF FINDS THE PROPOSED REQUEST IS NOT LIKELY TO HAVE A DETRIMENTAL IMPACT ON ANY OF THE SURROUNDING AREA. AND AS I STATED, IMMEDIATELY TO THE EAST IS THE GODARD SCHOOL WHICH IS AN EXISTING DAYCARE FACILITY.IT CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WILL NOT IMPAIR THE INTENT AND PURPOSE OF COMPREHENSIVE PLAN. AND THE USE IS THE EXA I WILL BE WITH CONTIGUOUS AND SURROUNDING AREA AND WILL NOT IMPOSE AN EXPENSIVE BURDEN OR HAVE SUBSTANTIAL NEGATIVE IMPACT ON SURROUNDING OR ADJACENT USES OR ON COMMUNITY FACILITIES OR SERVICES. THE USE WHICH WOULD BE LISTED AS A SPECIAL USE IS PROPOSED TO BE -- WHERE IT'S PROPOSED TO BE LOK COMPLIES WITH WULT REQUIRED REGULATIONS AND STANDARDS OF ARTICLE 2 AND OF THE COMPREHENSIVE PLAN. THE PROPOSED SCHOOL WILL MEET THE REQUIREMENTS OF SECTION 20317 WHICH US CL INCLUDE ACC, SIGNAGE.
THEY ARE AWARE THEY NEED SEPARATE PERMITS FOR ANY SIGNAGE THAT WILL BE PLACE ON THE PROPERTY, AND THEY MEET THE SEPARATION BETWEEN VENDORS OF ALCOHOL.
STAFF HAS RECEIVED NO CORRESPONDENCE OR PHONE CALLS REGARDING THE APPLICATION.
AND WITH THAT, WE FIND THE REQUEST MEETS THE REQUIREMENTS OF THE COMP PLAN LAN DEVELOPMENT CODE, AND YOU HAVE BEEN PROVIDED WITH SEVEN FINDINGS AND SIX CONDITIONS FOR APPROVAL OR FIVE FINDINGS FOR DENIAL. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS AND THE APPLICANT IS
ALSO AVAILABLE. >> THANK YOU, MS. COOLLY. APPRECIATE THAT.
IF WE COULD HAVE THE APPLICANT STEP FORWARD, PLEASE. OR BOTH OF YOU.
WOULD YOU CARE TO ADD ANYTHING TO THAT WONDERFUL PRESENTATION BY MS. COOLLY?
PLEASE DO. >> NOT REALLY UNLESS YOU HAVE QUESTIONS FOR ME TO ANSWER.
MY NAME IS STEVE HICKS. I DON'T KNOW IF YOU NEED MY ADDRESS OR NOT, BUT --
>> WHY NOT. BETTER SAFE THAN SORRY. >> 1748 HEINLE OAKS, FLORIDA, I JUST WANT TO SAY ON BEHALF OF OUR ORGANIZATION, MS. KEEL AND THE OTHER STAFF MEMBERS HAVE BEEN FANTASTIC TO WORK WITH. WE APPRECIATE ALL THAT THEY HAVE DONE IN JUST KIND OF GUIDING US THROUGH THE PROCESS. ONE THING I WOULD INDICATE IS THAT WE ARE A SCHOOL THAT SERVES SPECIAL NEEDS STUDENTS WITH LEARNING CHALLENGES SKO THIS IS A LITTLE DIFFERENT THAN WHAT YOU MIGHT FIND IN OTHER PLACES. WE ARE A FAMILY-OWNED BUSINESS OF 51 YEARS, AND SO WE'VE BEEN SERVING THE KIDS IN FLORIDA. WE ARE FAMILY-BASED HERE IN FLORIDA AND WE'VE BEEN SERVING
KIDS IN FLORIDA FOR 51 YEARS. >> SOUNDS LIKE A WONDERFUL THING THERE.
AND WE ARE BLESSED WITH GREAT STAFF HERE AT THE COUNTY. SIR.
>> MIKE BROWN WITH DESIGN STUDIO 487 JACKSONVILLE, FLORIDA, 487 DIXON STREET, JACKSONVILLE, FLORIDA. WE PREPARE THE TECHNICAL EXHIBITS FOR THE APPLICANT IN THE NARRATIVE YOU HAVE BEFORE YOU AND WE'RE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE AS
WELL. >> LET'S SEE IF WE HAVE ANY, THEN.
BECAUSE WE'RE DOING THIS ONLINE, TOO, WE ARE CHANGING THE FORMAT JUST SLIGHTLY TO ALLOW ALL THAT TO HAPPEN. DO WE HAVE ANY PUBLIC SPEAKER CARDS?
>> NO. >> DO WE HAVE ANY PUBLIC SPEAKERS ONLINE?
>> NO PUBLIC COMMENT. >> ALL RIGHT. THANK YOU.
NO PUBLIC SPEAKERS, EITHER. ALL RIGHT. WE'RE GOING TO OPEN IT UP TO THE BOARD MEMBERS WHO ARE ON THE PHONE, SEE IF ANYONE HAS ANY QUESTIONS OR COMMENTS FOR YOU.
DR. HILSENBECK. >> I HAVE NO QUESTIONS OR COMMENTS.
>> THANK YOU. MR. WAINRIGHT. >> NO.
>> VERY QUIET DAY FOR ARCHIE TODAY. I HAVE NONE OTHER THAN IT'S A SPECIAL USE AND PRETTY MUCH AN EASY ONE TO PICK HERE. MS. PERKINS.
>> NONE. >> MR. MATOVINA. >> NO.
>> AND DR. MCCORMICK. >> NO. I JUST THINK IT'S A GREAT
PROPOSAL. >> OKAY. WELL, I SEE NO QUESTIONS FOUR GENTLEMEN. DWIEWN TO HAVE A SEAT. -- DO YOU WANT TO HAVE A SEAT.
WE ARE BACK THE IN AGENCY, THEN, FOR ANY OTHER COMMENTS OR A MOTION, PLEASE.
MR. WAINRIGHT YOU'RE AWFULLY SILENT. >> IF THERE'S NO ONE ELSE, I
WILL MAKE A MOTION. >> MR. WAINRIGHT, WHEN YOU READ THE MOTION, WOULD YOU PLEASE CHANGE TO IT SEVEN FINDINGS OF FACT. WE NOW HAVE SEVEN FINDINGS OF
FACT INSTEAD OF -- >> MY NARRATIVE SAYS SEVEN FINDINGS.
>> PERFECT, THANK YOU. JUST WANTED TO CONFIRM. THANK YOU.
>> HERE WE GO. I'D OFFER YOU A MOTION TO APPROVE MINMOD 2020-04 CENTER ACADEMY, A REQUEST FOR A MINOR MODIFICATION FOR THE JULYINGTON CREEK PLANTATION PUD ORDINANCE 1993-43 AS AMENDED, TO ALLOW FOR A PRIVATE SCHOOL CIFNT WITH SECTION 2.03. SWFN OF THE LAND
[00:35:10]
DEVELOPMENT CODE SPECIFICALLY LOOK AT THE 106 JULYINGTON PLAZA DRIVE ADOPTING SIX CONDITIONS AND BASED UPON SEVEN FINDINGS OF FACT TO SUPPORT APPROVAL DO WE HAVE A SECOND?>> SECOND. >> SECOND. >> I'LL GIVE THAT TO MS. PERKINS. WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? THEN WE'LL GO AHEAD AND DO TO ROLL CALL VOTE. DR. HILSENBECK.
>> YES. >> MR. WAINRIGHT. >> YES.
>> MR. KOPPENHAFER SAYS YES. MS. PERKINS. >> YES.
>> MR. MATOVINA. >> YES. >> AND DR. MCCORMICK.
>> YES. >> MOTION CARRIES UNANIMOUS 6-0. ALL RIGHT.
THAT IS THE END OF OUR SHORT AGENDA TODAY. HURRAY.
ANY STAFF REPORTS? >> YES, SIR. BASICALLY JUST SOME INFORMATION.
[Reports]
I DON'T KNOW IF THE BOARD HAS NOTICE OF THE BOARD OF COUNTY COMMISSIONERS THAT STAFF IS NO LONGER MAKING STAFF PRESENTATIONS, SO IT'S ON THE APPLICANT FOR GROWTH MANAGEMENT TYPE ITEMS QUASI-JUDICIAL AND THE LIKE. SO THE APPLICANT, OF COURSE, HAS TO BE PREPARED AND DO A PRESENTATION. NOW STAFF IS STILL THERE AND ON STANDBY AND, OF COURSE, WE'LL MAKE CORRECTIONS OR ANY OTHER ADDITIONAL INFORMATION THAT THEY FEEL NEEDS TO COME UP AND TO BE AVAILABLE FOR QUESTIONS. THAT SAID, WE ARE LOOKING FOR THE NEXT MEETING TO CONTINUE THAT FROARNTD PLANNING AND ZONING AGENCY.IT'S A WORK IN PROGRESS. THAT REQUIRES STAFF TO ON THE FRONT END REALLY LET SOME OF THE APPLICANTS KNOW MAYBE THAT AREN'T USED TO DOING THIS TYPE OF THING REALLY GET ON THE BALL AND WHETHER THEY NEED TO HIRE A PROFESSIONAL OR DO THAT, SO WE'LL GUIDE THEM THROUGH THAT PROCESS BUT WANT TO LET YOU KNOW THAT THAT'S COMING SO THAT WOULD BE FOR OUR JUNE 18 PZA AND MOVING FORWARD. SO KIND OF A BIG CHANGE IN PROCESS, AND THAT'S WHERE WE'RE
AT. >> I THINK THAT IS A BIG CHANGE, AND I THINK IT'S GOING TO BE& INTERESTING THERE. I DON'T SPEAK FOR EVERYONE ON THE BOARD, BUT I'M NOT AS SHARP AS THOSE KIND OF COMMISSIONERS ARE, AND I KIND OF LIKE TO LISTEN TO THE STAFF GIVE ME ALL
THE DETAILS. >> AND TO THAT END, WE WILL CERTAINLY BE AVAILABLE AND TRY TO GUIDE THOSE APPLICANTS IN GETTING A PRESENTATION THERE. OF COURSE, IT IS ON THEM AND IT'S THEIR INTEREST, SO IF WE SEE ANYTHING, IT'S ON US TO STEP UP AND SAY THAT'S INCORRECT OR
YOU NEED TO HEAR SOME ADDITIONAL INFORMATION. >> I'M JUST CURIOUS, NOT TO
NARRATE THIS DIFFERENTLY, BUT WHAT'S THE PURPOSE OF THAT? >> WELL, THE COMMISSION, OF COURSE, TECH DICTATE HOW THEY WANT TO DO -- THEY CAN DICTATE HOW THEY WANT TO DO BUSINESS, AND IF THEY THINK THERE'S SOME REDUNDANCY SOMETIMES, THAT MIGHT BE ONE OF THE REASONS, AND IT PUTS THE TOTAL OWN US -- I MEAN, AFTER ALL IT IS A PRIVATE APPLICATION AND A ONUS IS ON THEM TO PRESENT THEIR MATERIAL AND PRESENT THEIR CASE, SO I THINK OTHERS A COUPLE OF MAYBE
REASONS. >> THANK YOU VERY MUCH. >> WE'LL SEE HOW IT GOES.
>> ALL WE CAN DO. ANY OTHER STAFF REPORTS? >> YES, MR. CHAIRMAN.
BRADLEY BOTTLEHEIST, SB ASSISTANT COUNTY ATTORNEY. I APOLOGIZE.
MR. CHAIRMAN, IF I JUMPED THE GUN. >> NOAKS HE'S AGENCY.
I JUST REMINDED HIM. YOU ARE AN AGENCY REPORTEE. >> I WAS -- I WANTED TO ASK YOU
IF I MIGHT COMMENT ON WHAT MR. ROBINSON HAS OFFERED TO US. >> SURE.
GO AHEAD. >> CAN WE COUNT ON STAFF TO, IF NECESSARY, GIVE US A BALANCED POINT OF VIEW GIVEN THAT THEY'RE NO MAKING A PRESENTATION? I ALWAYS COUNT ON THEM TO HAVE THE FULL PICTURE OF THE PRESENTATION. AND SOMETIMES THAT INCLUDES A LITTLE BIT OF THE NEGATIVE. WE CAN CONTINUE TO COUNT ON THAT, I HOPE.
>> SO YOU CAN COUNT ON STAFF. WE WON'T COUNT ON THE APPLICANT TO DO THAT.
BUT YOU CAN COUNT ON STAFF TO USE THEIR JUDGMENT TO PROVIDE ANY ADDITIONL INFORMATION TO
MAYBE CLARIFY, CORRECT, WHATEVER IT MAY BE. >> THANK YOU.
>> YES, SIR. >> THIS MAY FORCE SOME PEOPLE TO READ THE APPLICATION.
>> AND, OF COURSE, YOU'LL STILL GET THE STAFF REPORTS WHERE THE BRUNT OF THE INFORMATION IS
THERE. WE JUST WON'T DO THE POWERPOINT. >> WHAT IS HELPFUL -- SORRY TO CUT YOU OFF AGAIN. THE PHOTOGRAPHS THAT STAFF TAKE, I AM UNABLE TO GET TO ALL THESE HOMES WITH THE SETBACK OR WHATEVER ISSUE AND IF THERE'S ANY PHOTOGRAPHS, WHICH ARE TYPICALLY ON THE PRESENTATION, IF THEY THOSE COULD BE INCLUDED IN THE STAFF REPORT THAT WOULD
BE HELPFUL. >> I'LL MAKE NO BONES THERE MIGHT TRIALS AND TRIBULATIONS.
IT'S A WORK IN PROGRESS. THAT'S SOMETHING WE'LL TRY TO FOX ON IF WE NOTICE SOMETHING IS
[00:40:05]
MISSING AND WE DON'T, LET ME KNOW AND WE WILL KIND OF CORRECT THAT BUT THAT WILL BE THE IDEA.I GET IT. THERE ARE CERTAIN TIMES WHERE THERE'S PHOTOS THAT YOU NEED TO MAKE A DECISION, AND THE APPLICANT MAY NOT HAVE THOUGHT OF THAT, SO IT'S OUR JOB TO KIND OF CIECHT THAT FRONT. SO IT MAY BE THAT WE ACTUALLY ASK FOR THEY ARE PRESENTATIONS.
IT'S SOMETHING TERESA AND I WILL TALK ABOUT, PARTICULARLY FOR THOSE THAT ARE NOT USED TO
PRESENTING AND DOINTDZ THE PROCESS. >> ALL RIGHT.
WORK IN PROGRESS. >> YES. >> GO AHEAD, SIR.
>> THANK YOU, MR. CHAIRMAN. AND JUST I GUESS TO GIVE TWO OR THREE CENTS FROM THE COUNTY ATTORNEY'S OFFICE ON THIS, AS MR. ROBERTSON INDICATES, IT IS THE APPLICANT'S BURDEN TO PRESENT COMPETENT, SUBSTANTIAL SUPPORT THEIR APPLICATIONS, AND SO IF THEY FAIL TO DO SO, THE AGENCY AND THE BOARD CAN ACT ACCORDINGLY. AND YOU WILL ALSO, OF COURSE, BE AWARE THAT OUR LAND DEVELOPMENT CODE INCLUDES PROVISIONS REGARDING MATERIAL MISREPRESENTATIONS. SO IF AN APPLICANT WERE TO MAKE ONE OF THOSE TO THIS AGENCY OR TO THE BOARD, THERE CAN BE REPERCUSSIONS FOR THEIR APPLICATION AND POTENTIALLY FOR FUTURE APPLICATIONS IF IT BECOMES A TREND. SO THOSE ARE THINGS FOR THIS BOARD OR THIS AGENCY TO CONSIDER AS WELL. BUT I KNOW I WANTED TO TURN TO THE PZA MEETING AND TO PROVIDE A BIT HAVE INFORMATION FOR RECORD AND FOR THIS BOARD REGARDING TWO OF THE ITEMS THAT WERE HEARD AT THE END OF THE LAST MEETING WEEK ITEMS NUMBER 7 AND 8 ON THE WORKFORCE HOUSING ITEMS. I THINK THERE WAS SOME CONFUSION ABOUT THE VOTE AND WHICH VOTE ULTIMATELY PREVAILED BECAUSE THERE WAS A QUESTION ABOUT POTENTIAL ABSTENTION.
AFTER REVIEWING IT FURTHER, OUR OFFICE AND I THINK I GOT STAFF ON THE SIDE AS WELL, WE AGREE THAT THE ORIGINAL 7-0 VOTE IN FAVOR OF EACH ITEM WAS THE EFFECTIVE VOTE.
THIS WOULD BE THE VOTE THAT ALL MEMBERS PARTICIPATED IN. I KNOW DR.ING HILSENBECK EXPRESSED A DESIRE TO ABSTAIN BUT HE DID VOTE IN THE AFFIRMATIVE ON EACH ITEM IN THE FIRST INSTANCE AND THE REPEAT VOTE, THAT WAS DUE TO AN ADMINISTRATIVE ERROR AND THERE WAS NOT A STATUTORY BASIS FOR ABSTENTION TO EITHER OF THOSE ITEMS. HOWEVER, DR. HILSENBECK, YOUR COMMENTS FROM THE MEETING AS WELL AS YOUR SUBSEQUENT EMAIL WILL BE INCLUDED IN THE RECORD ALONG WITH THE ENTIRE RECORD OF THIS AGENCY WHEN THE ITEMS ARE PRESENT TO THE BOARD OF BOYNE COMMISSIONERS FOR ITS CONSIDERATION.
JUST WANTED TO MAKE SURE THAT THIS BOARD WAS AWARE OF WHAT THE FINAL OPERATIVE VOTE WAS ON THOSE ITEMS AND THAT THE RECORD WAS CLEAR AS WELL. THANK YOU.
>> SO ON MY FORM HERE I HAVE TWO COLUMNS, ONE'S A YES AND ONE'S A NO.
ARE THE THE BOARD MEMBERS ALLOWED TO VOTE IN ANY WAY OTHER THAN A YES OR NO?
>> STLS THERE IS A STATUTORY REQUIREMENT THAT YOU VOTE A YES OR A NO UNLESS WE HAVE A CONFLICT OF INTEREST OR AN APPEARANCE OF A CONFLICT OF PERSISTENT.
A DESIRE TO ABSTAIN BECAUS YES OR A NO MAYBE DOESN'T FULLY CAPTURE YOUR POSITION, THAT'S NOT AN OPTION. I THINK, AS DR. HILSENBECK DID DO, HE EXPRESSED HIS REASONS FOR HIS HESITANCE TO VOTE IN FAVOR, AND AGAIN, DR. HILSENBECK, WE HAVE YOUR EMAIL AS WELL THAT WILL BE MADE PART OF THE RECORD, BUT AS YOU INDICATE, MR. CHAIRMAN, THE OPTIONS ARE A YES OR A NO OUTSIDE OF THOSE CONFLICTS OF INTEREST THAT ARE CAPTURED IN THE STATUTE.
AND THEY CAN INCLUDE THE APPEARANCE OF A CONFLICT, BUT AGAIN, LONG-WINDED WAY OF SAYING
YOUR RIGHT, MR. CHAIRMAN, YES OR NO ARE YOUR REAL OPTIONS. >> GOT IT.
ALL RIGHT. THANK YOU. ANY OTHER STAFF REPORTS? OKAY. AGENCY REPORTS. ARCHIE?
>> NO. >> FEELING GOOD? ALMOST MADE A RECORD HERE.
44 MINUTES? >> YES, YOU DID, BUT THEY CORRECTED YOU.
>> ALL RIGHT. WOULD YOU LIKE TO MAKE A MOTION TO ADJOURN? LET ME BACK UP. ANYBODY FROM ONLINE HAVE ANY AGENCY REPORTS?
HEARING NONE, ARCHIE, IT'S UP TO YOU. >> OFFER A MOTION TO ADJOURN.
>> SO MOVED.
* This transcript was compiled from uncorrected Closed Captioning.