Sep 17, 2020 Planning and Zoning Agency

[Call meeting to order.]

[00:00:05]

>> LET ME CALL THIS MEETING TO ORDER. THIS IS A REGULARY SCHEDULED MEETING THE ST. ST. JOHNS COUNTY PLANNING AND ZONING AGENCY. AS A PRELIMINARY MATTER, I AM MR. WAINRIGHT. I AM THE ASSISTANT CHAIR, BUT TODAY I AM THE CHAIR OF THE PLANNING AND ZONING AGENCY. NOW, PERMIT ME TO CONFIRM THAT ANY AGENCY AND STAFF MEMBERS WHO ARE NOT PHYSICALLY PRESENT CAN HEAR ME. I WILL CALL THE ROLL.

DR. WERE MANY MCCORMICK CORMICK. >> WELCOME. >> FROM RICHARD.

>> PRESENT. >> MS. MEGAN PERKINS. >> HERE.

>> MR. ROY ALAIMO. >> HERE. >> MR. GREG MATOVINA.

>> HERE. >> GREG WILL BE MY ASSISTANT TODAY IN THE ABSENCE OF THE FELLOW WHO USUALLY SITS THERE, MYSELF. MR. MIKE QUOP KOPF, ARE U THERE? MIKE, WHO IS THE CHAIR OF THIS COMMITTEE, MAY JOIN US BY TELEPHONE. COUNTY STAFF IS HERE 1 OUR OUR ESTEEMED COUNTY ATTORNEY IS WITH

US. >> HERE. I DON'T KNOW ABOUT ESTEEMED, BUT

I'M HERE. >> I'M SORRY? >> I'M HERE.

I'M NOT SAYING ESTEEMED FOR ME, BUT I'M HERE. >> HAVE I MISSED ANYONE? THEN GOOD, LET ME BEGIN. GOOD AFTERNOON AND WELCOME TO THIS REGULAR MEETING OF THE PLANNING AND ZONING AGENCY. IN ORDER TO MITIGATE THE TRANSMISSION OF THE CROORN CORONAVIRUS AND REDUCE RISK OF COVID-19 ILLNESS, THE GOVERNOR HAS SUSPENDED THE REQUIREMENTS 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 PRIOR COMMUNICATIONS, INCLUDING EMAIL, THE PUBLIC WILL BE ABLE TO COMMENT BY TELEPHONE WHILE WATCHING THE MEETING VIA GTV OR BY STREAMING POSTED ON THE COUNTY'S WEBSITE.

THE WEBSITE ALSO PROVIDES THE TELEPHONE NUMBER TO USE TO CALL INTO THE MEETING.

EVEN IF MEMBERS OF THE PUBLIC DO NOT PROVIDE COMMENT, PARTICIPANTS 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-TIME TO THE THREE MINUTE TIME LIMIT BECAUSE THOUGH THE THREE MINUTE COMMENT TIMER WILL BE VISIBLE TO YOU, BECAUSE OF DELAY IN THE TRANSMISSION OF THE MEETING, YOUR TIMING WILL BE MORE ACCURATE. FINALLY, PLEASE MUTE YOUR PHONE WHILE USING, WHILE YOU ARE WAITING TO COMMENT AND MUTE THE MEETING ON YOUR TELEVISION OR COMPUTER WHEN YOU ARE SPEAKING. PLEASE BE AWARE THAT A FIVE TO NINE SECOND DELAY WILL ALSO APPLY TO VISUAL PRESENTATIONS, AND IF WE EXPERIENCE ANY TECHNICAL DIFFICULTIES, WE WILL VEST WHILE THEY ARE RESOLVED AND THEN RESUME THE MEETING. MEETING MATERIALS.

THERE ARE MATERIALS AVAILABLE FOR THIS MEETING ON THE COUNTY WEBSITE.

TO GO THAT HOME PAGE UNDER AGENDA/MINUTES AND CLICK ON GROWTH MANAGEMENT AND PLANNING AND ZONING AGENCY MEETING AND YOU WILL SEE LINKS TO THE AGENDA AND THE INDIVIDUAL AGENDA ITEMS IN ORDER TO ACCESS ALL OF THE SUPPORTING EARLY. ROLL CALL VOTE.

FINALLY, IF ANY MEMBER OF THE BOARD IS PARTICIPATING REMOTELY, THEN EACH VOTE TAKEN IN THIS MEETING WILL BE CONDUCTED BY ROLL CALL VOTE. I WILL CALL EACH MEMBER'S NAME AND ASK FOR THEIR VOTE. GREG WILL FOLLOW THIS WITH THE READING OF THE PUBLIC NOTICE

[00:05:04]

STATEMENT. >> THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN CONCURRENCE WITH REQUIREMENTS OF FLORIDA LAW THE PUBLIC WILL BE GIVEN AN OPPY TO COMMENT ON TOPICS RELEVANT T AREA OF JURISDICTION AND THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO OFFER COMMENT AT A DESIGNATED TIME DURING THE HEARING ANY MEMBER OF THE PUBLIC DESIRIO SPEAK MUST INDICATE SO BY COMPIT A SPEAKER CARD WHICH IS AVAILABE FOYER. ANY ADDITIONAL SPEAKERS MAY BE HEARD ONLY AT THE DISCRETION OF THE CHAIRMAN SPEAKER CARDS MAY BE TURNED IN . THE PUBLIC SHALL SPEAK AT A TIMG THE MEETING ON ITEM AND TO A LEF TIME THAT'S SPECIFIED BY THE CHN WHICH WILL BE THREE MINUTES.

SPEAKERS SHALL IDENTIFY THEMSELM THEY REPRESENT AND THEN STATE TR ADDRESS FOR THE RECORD.

SPEAKERS MAY OFFER SWORN TESTIM. IF THEY DO NOT, THE FACT THAT TY IS NOT SWORN MAY BE CONSIDERED E AGENCY IN DETERMINING THE WEIGHR TRUTHFULNESS OF THE TESTIMONY. IF A PERSON DECIDES TO APPEAL A DECISION WITH RESPECT TO ANY MATTER 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 EVIE PRESENTED DURING A HEARING, SUCS DIAGRAMS, CHARTS, PHOTOGRAPHS, R WRITTEN STATEMENTS, WILL BE RETY STAFF AS PART OF THE RECORD. THE RECORD WILL THEN BE AVAILABR OTHER AGENCY OR THE COUNTY IN ANY REVIEW OF APPEAL RELATING TO THE ITEM BOARD MEMBERS ARE REMINDED THATE BEGINNING OF EACH ITEM THEY SHOE WHETHER THEY HAD ANY COMMUNICATH THE APPLICANT OR ANY OTHER PERSN REGARDING THE SUBSTANCE OF THE M OUTSIDE THE FORMAL HEARING OF TE AGENCY. IF SUCH COMMUNICATION HAS OCCURE AGENCY MEMBER SHOULD THEN IDENTE PERSON INVOLVED IN THE MATERIALT OF THE COMMUNICATION. WE WILL BE RESPECTFUL OF ONE ANR EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES.

WE WILL AVOID PERSONAL ATTACKS. THAT IS THE CIVILITY CLAUSE. >> YES, WE WILL.

A FORMAL READING OF SECTION 112.3143, FLORIDA STATUTE FORM 8B.

I'M REQUIRED TO READ THIS STATEMENT. MIKE KOPPENHAFER DECLARED THAT ON SEPTEMBER 3, 2020, A MEASURE CAME BEFORE THE AGENCY WHICH END NIEWRD TO HIS SPECIAL PRIVATE GAIN OR LOSS OF OUR CLIENT SHAG DEVELOPMENT. THIS IS FOR PUD 202005, SMOKERS HEIGHTS. THAT OCCURRED AT THE LAST MEETING.

SAN MARK OH HEIGHTS. NEXT IS PUBLIC COMMENTS. >> RIGHT.

IF I COULD JUST SUPPLEMENT YOUR COMMENTS PERTAINING TO THAT, I WOULD.

RIGHT. SO MR. KOPPENHAFER HAS FILED THE FORM 8B THAT IS WITH THE CLERK TO THE BOARD AND PROVIDED TO EACH MEMBER OF THE BOARD, AND THE FORM IS FILLED OUT WITH MR. KOPPENHAFER'S NAME AND ADDRESS. THE DATE OF WHICH THE VOTE OCCURRED WAS SEPTEMBER 3, 2020. THIS BOARD, THE PZA, IS A COUNTY BOARD AND IT'S AN APPOINTED BOARD, AND THE FACT THAT IT'S AN APPOINTED BOARD REQUIRES THAT THERE BE THIS READING.

THEN IT'S THE STANDARD 8 FORM, THE FORM 8B LANGUAGE, AND THIS IS FROM THE FLORIDA COMMISSION ON ETHICS. SO DISCLOSURE OF LOCAL OFFICERS' INTEREST, I, MIKE KOPPENHAFER -- I'M READING FROM THE FORM -- HEAR BY DISCLOSE ON SEPTEMBER 3, 20, A MEASURE CAME OR ABOUT COME BEFORE MY AGENCY WHICH INURED TO THE SPECIAL GAIN OR LOSS OF -- AND MR. KOPPENHAFER IS SAYING THIS -- OUR CLIENT SHAG DEVELOPMENT AND THE MEASURE BEFORE MY AGENCY AND THE NATURE MY CONFLICTING INTEREST IN THE MEASURE IS AS FOLLOWS: I, MR. KOPPENHAFER, AM THE TEAM -- I AM ON THE TEAM AS THE ARCHITECT OF RECORD FOR A NEW LOW/MODERATE INCOME HOUSING DEVELOPMENT IN ST. ST. JOHNS COUNTY, AND THEN IT'S SIGNED BY MR. KOPPENHAFER.

THANK YOU, MR. CHAIR. >> THANK YOU, SIR. PUBLIC COMMENT.

[Public Comments ]

MISMR.Y MS. MARIE COLEE, WOUE FORWARD, PLEASE. >> GOOD AFTERNOON.

MR. CHAIR, MR. VICE CHAIR AND AGENCY MEMBERS. FOR THE RECORD MY NAME IS MARIE COLEE 594 FINANCE COUNTY ROAD TWO 8. I SPEAK BEFORE YOU ABOUT AN UPCOMING MONTH, THAT BEING OCTOBER, WHICH MEANS LIGHT TO DIFFERENT PEOPLE BUT

[00:10:03]

I HAVE BEEN A SURVIVOR OF MY 19TH YEAR, AND AS PROUD AND HAPPY THAT I AM TO SAY I CAN STAND HERE BEFORE YOU, IT ALSO SADDENS ME TO THINK THAT AFTER 19 YEARS OF MY SURVIVING THAT WE STILL HAVE TO DISCUSS THIS SUBJECT IN GENERAL. I'M ALSO CONCERNED WITH THE FACT THAT MY HUSBAND AND I, WHO HAVE ADOPTED OUR TWO BEAUTIFUL GRANDDAUGHTERS, WILL HAVE TO BE FACING THIS IN THE NEAR FUTURE AS WELL. THE NUMBERS, OF COURSE, DON'T STOP. JUST LIKE COVID, IT DOESN'T SEEM TO BE GOING AWAY.

OUR AREA SPECIFICALLY IS IN NEED OF MORE HOUSING. UNFORTUNATELY, I DID NOT -- I WAS NOT ABLE TO GET THE NUMBERS, BUT I DO KNOW THAT THE NUMBERS ARE INCREASING DAILY.

THE NUMBER OF DEATHS INCREASE DAILY. YOU CAN TURN ON THE NEWS AT ANY TIME AND SEE HOW DOMESTIC VIOLENCE IS AFFECTING OUR ENTIRE WORLD, BUT I AM MAINLY CONCERNED WITH MY LOCAL COMMUNITY. 2 THAT, THOUGH, THERE ARE WAYS THAT YOU CAN HELP.

YOU CAN HELP LOCALLY BY DONATING ITEMS ON THEIR THRIFT STORES, SHOPPING AT THE THRIFT STORES.

YOU CAN BECOME VOLUNTEERS. IF YOU HAVE THE TIME AND THE INTEREST, YOU CAN ALSO GO THROUGH CLASSES TO BECOME ADVOCATES, WHICH WILL HELP THE WOMEN AND CHILDREN THAT ARE IN OUR SHELTERS, HELP THEM TO BE ABLE TO GO OUT ON THEIR OWN WHEN THEY LEAVE THE SHELTER ATMOSPHERE AND LEAD VIABLE LIVES AND HOPEFULLY BECOME SOMEONE LIKE ME THAT 19 YEARS LATER CAN STAND AT A PODIUM AND FEEL CONFIDENT. IN ENDING, I WOULD JUST LIKE TO SAY THAT IF YOU OR ANYONE YOU KNOW IS IN DISTRESS, AND IN THIS SITUATION, THAT WE DO HAVE A HOTLINE NUMBER WITH OUR LOCAL BETTY GRIFFIN CENTER AND THAT NUMBER IS 824-1555.

IT IS A 24-HOUR HOTLINE NUMBER SO THERE WILL ALWAYS BE SOMEONE TO ANSWER THE PHONE.

THEY CAN EITHER HELP GET YOU INFORMATION ON HOW TO LEAVE YOUR SITUATION SAFELY OR THEY CAN JUST PROVIDE INFORMATION FOR YOU AND THE FACT THAT YOU MAY OR MAY NOT KNOW IF YOUR SITUATION FITS INTO THAT CATEGORY. SO WITH THAT, I'D JUST ASK THAT YOU SUPPORT OUR COMMUNITY BECAUSE IT DOES TAKE A COMMUNITY TO END DOMESTIC VIOLENCE. I'M PROUD TO BE PART OF THIS COMMUNITY, AND I HOPE THAT EVERYONE WILL DO THE SAME AND THAT WE CAN END THIS IN THE NEAR

FUTURE. THANK YOU FOR YOUR TIME. >> THANK YOU, MS. COLEE.

SO WE HAVE HEARD ABOUT A VERY IMPORTANT ISSUE, AND FOUR SPECIFIC WAYS THAT WE CAN HELP TO LIMIT ITS EFFECT. AGENCY ITEMS. THE FIRST ITEM ON THE AGENDA,

[1. TUP 2020-03 Lightsey's Pumpkin and Christmas Tree Sales. ]

>> MR. CHAIR, SOME OF HAVE BEFORE MR. LIGHTSY COMES UP FOR YIS PRESENTATION, THIS IS A QUASI-JUDICIAL MATTER SO IF ANY OF THE AGENCY MEMBERS HAVE HAD EX PARTE CONTACT, THIS WOULD BE

THE TIME TO CLOSE. >> DISCLOSE. >> LET ME GO DOWN THE ROLL, AND

I APPRECIATE THE REMINDER. GREG. >> NO.

>> ROY. >> NO. >> MS. PERKINS.

>> NO. >> I DO NOT BELIEVE MR. KOPPENHAFER IS ON.

I HAVE NONE. DR. HILSENBECK. >> NO.

>> DR. MCCORMICK. >> NO. >> THANK YOU.

AND THANK YOU FOR THE REMINDER. >> GOOD AFTERNOON, MR. CHAIRMAN AND OTHER MEMBERS.

A MATTER OF CORRECTION, IF YOU WOULD THE WORDS NOT LINDSY. LIGHTSY.

SEE THE LIGHT. WHERE YOU SEE THE LIGHT, THE BETTER IT WILL BE.

GOOD AFTERNOON, SIR. TODAY I COME TO YOU ON BEHALF OF MY WIFE AND I, IT'S GLENN

[00:15:04]

WE STARTED OUT DOING IT ON A ONCE A YEAR TEMPORARY USE PERMIT, AND THEN I WAS INFORMED LATER ON THAT I COULD APPLY FOR A FIVE-YEAR PERMIT BY COMING BEFORE THE PZAMENT.

THIS WILL BE OUR THIRD TIME COMING BEFORE THE PZA UNDER A FIVE-YEAR PERMIT.

WE HAVE SUCCESSFULLY RED CROSE HURLTD WITH THE FIRST TWO. NO COMPLAINTS AND NO PROBLEMS AND NO PROBLEMS OR COMPLAINTS DURING THE BOARD HERE. WE LOOK FORWARD TO DOING IT.

WE'RE A FAMILY OWNED AND OPERATED BUSINESS. WE'VE BEEN IN BUSINESS 44 YEARS.

I STARTED THIS THING BACK WHEN I WAS IN HIGH SCHOOL AND THERE IS A GREAT STORY BUT I KNOW WE DON'T HAVE TIME FOR ME TO PROVIDE THAT STORY. HOWEVER WE DO SELL FINE PUMPKINS AND CHRISTMAS TREES AND WE'RE EXCITED ABOUT THE SUBJECT TO BE ABLE TO CONTINUE AGAIN.

WITH THAT, IF THERE'S ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.

BY THE WAY, I'LL GO AHEAD AND TELL YOU RIGHT THERE IS A PHOTOGRAPH OF THE PARTICULAR CORN 890, AND MY RESIDENCE IS TO THE RIGHT OF IT, AND WE HAVE CREATED ACCESS INTO THE PROPERTY. WE TRIMMED SOME TREES TO MAKE IT LOOK BEAUTIFUL AROUND THERE, LET SOME LIGHT IN, AND WE HAVE DONE GREAT THINGS THERE, MADE GREAT STRIDES TO MAKE IT MORE ACCOMMODATING FOR THE PUBLIC. I DO KNOW THAT A PERSON WHO OWNS THREE PARTICULAR PARCELS OF PROPERTY WITHIN THE SUGGESTED 300 RADIUS OF THE PROPERTY HAS WRITTEN A LETTER SAYING HE OWNS THREE PROPERTIES AND HE'S EXCITED ABOUT THE OPPORTUNITY TO SEE US GO OUT THERE AGAIN, SO I DON'T KNOW OF ANY OPPOSITION. I HAVEN'T BEEN ADVISED OF ANY. AND WITH THAT, IF THERE'S ANY

QUESTIONS. >> AGENCY MEMBERS, IF YOU'RE IN AGREEMENT WHAT I WILL DO IS LOOK FOR PUBLIC COMMENT AND THEN GO TO THE AGENCY MEMBERS FOR QUESTIONS AND COMMENTS.

DO WE HAVE ANY SPEAKER CARDS? >> NO SPEAKER CARDS. >> THEN I'LL GO DOWN ROLL CALL FOR MEMBERS OF THE AGENCY FOR QUESTIONS AND COMMENTS. AND AFTER THAT, AFTER THAT STEP

WE WILL LOOK FOR A MOTION. MR. MONT MATOVINA. >> NO QUESTIONS.

>> MR. ALAIMO. >> NO QUESTIONS, MR. CHAIRMAN. >> MS. PERKINS.

>> NO QUESTIONS OR COMMENTS. >> I HAVE ONLY ONE THING, ONE QUESTION.

>> YES, SIR. >> YOUR BEARD IS THE WRONG COLOR FOR THE SANTA GUY.

YOU WILL WORK ON THAT, RIGHT? >> ABSOLUTELY. >> OKAY.

>> DR. HILSENBECK. >> HERE. >> DO YOU HAVE ANY QUESTIONS OR

COMMENTS FOR THE SPEAKER? >> HILSENBECK? DID YOU CALL MY NAME, ARCHIESOME

I'M SORRY. >> YES. AND AS MY WONT, I MISPRONOUNCED

IT, BUT KNOW WHO YOU ARE. >> I'M USED TO IT BUT I DIDN'T QUITE HEAR YOU.

BUT I ONLY HAVE A COMMENT OR TWO. I HAVE BOUGHT CHRISTMAS TREES FROM THE LIGHTSEYS BEFORE, THEY'RE GOOD QUALITY TREES AND THEY RUN A GOOD BUSINESS, SO I WOULD BE IN FAVOR OF THIS. THAT'S IT. THANKS.

>> THANK YOU. DR. MCCORMICK. >> WELL, I ALSO HAVE A COMMENT, ARCHIE. I CAN ATTEST TO MR. LIGHTSEY'S SENSE OF HUMOR.

I ALSO BUY MY TREES THERE PRACTICALLY EVERY YEAR, AND I ALWAYS HAVE SOMETHING TO CHUCKLE ABOUT IN MY DISCUSSIONS WITH HIM. THAT HAVING BEEN SAID, I THINK THAT ALL OF THE T'S HAVE BEEN CROSSED AND THE I'S HAVE BEEN DOTTED, AND DEPENDING ON WHAT

OTHER PEOPLE HAVE TO SAY, I'M PREPARED TO MAKE A MOTION. >> JUST A MOMENT, SIR, PLEASE.

THAT SUMMARIZES THE QUESTIONS AND COMMENTS FROM THE AGENCY. I WILL LOOK NOW FOR ALE

RECOMMENDATION FOR A MOTION. OR A MOTION. >> I'LL MAKE A MOTION.

>> GO AHEAD. >> THE MOTION IS TO REQUEST FOR A TEMPORARY USE PERMIT TO ALLOW

[00:20:07]

>> SEC. >> AND GREG SECONDS THAT MOTION. LET'S SEE.

I WILL GO DOWN THE ROLL FOR A VOTE FOR OR AGAINST THE MOTION. MR. MATOVINA.

>> YES. >> MR. ALAIMO. >> YES.

>> MS. PERKINS. >> YES. >> AND I WANT TO THANK YOU,

MS. PERKINS, FOR HAVING EASY TO PRONOUNCE LAST NAME. >> YOU'RE WELCOME.

[LAUGHTER] >> AND I VOTE YES. DR. HILSENBECK.

>> YES. >> DR. MCCORMICK. >> YES.

>> MOTION PASSES WITH ALL POSITIVE VOTES. THANK YOU, SIR.

>> MR. CHAIR, NOW THAT THE AGENCY IS ADJUDICATED, IF I MAY JUST HAVE ONE MOMENT OF LIBERTY TO RECOGNIZE AND THANK MR. LIGHTSEY FOR HIS MANY YEARS OF SERVICE TO ST. JOHNS COUNTY AS A LAW ENFORCEMENT OFFICER. THE CHAIR HAD USED THE WORD ESTEEMED OF ABOUT, AND THAT RIGHTLY SHOULD GO TO MR. LIGHTSEY AND HIS CAREER. THANK YOU.

>> THANK YOU, DOCTOR. >> VERY GOOD. >> SIR, I WOULD JUST LIKE TO PART BY SAYING THAT WE'VE BEEN IN BUSINESS FOR MANY YEARS. WE'RE THE LARGEST CHRISTMAS TREE ORIGINALS IN NORTHEAST FLORIDA. WE'RE LOOKING FORWARD TO BEING OUT THERE IN THE OPEN AIR.

IT'S GOING TO BE AN EXCITING TIME, AND WE ALWAYS LIKE TO SAY AT LIGHTSEY'S CHRISTMAS TREES LOCATED AT 8 -- WE LIKE TO SAY LIGHT UP YOUR CHRISTMAS WITH A TREE FROM LIGHTSEY AND BETTER

YOUR CHRISTMAS WILL BE. THANK YOU VERY MUCH. >> YOU CAN DROP YOUR CHECK IN

THE MAIL FOR -- >> -- [LAUGHTER]

>> MR. CHAIR, MISALICE THIE MORRIS. >> YES, GO AHEAD, MS. MORRIS.

>> AS A POINT I JUST WANTED TO SEE IF THERE HAD BEEN SOME PUBLIC COMMENT FOR THIS ITEM.

WAS THERE COMMENT OFFERED TO BE SPOKEN OR ON THE PHONE FOR THIS ITEM?

I JUST WANTED TO CONFIRM. >> YES. WE ASKED FOR SPEAKER CARDS AND

THERE WERE NONE. >> VERY GOOD. THANK YOU, SIR.

>> YES, MA'AM. WE WILL ACCEPT HELP. THE SECOND ITEM, SUB IMAGINE

[2. SUPMAJ 2020-10 Julington Creek Plantation 4COP. ]

>> ONCE AGAIN, MR. CHAIR, QUASI-JUDICIAL, THE EX PARTE. >> DO ANY MEMBERS OF THE AGENCY HAVE EX PARTE? SHALL I GO DOWN THE LIST? MR. MATOVINA?

>> NONE. >> MR. ALAIMO. >> NONE.

>> MS. PERKINS. >> NONE. >> I HAVE NONE.

DR. HILSENBECK. >> NONE. >> DR. MCCORMICK.

>> NONE. >> THANK YOU. LET'S SEE, MR. DAVIDSON.

THE FLOOR IS YOURS, SIR. >> THANK YOU. GOOD AFTERNOON.

HELLO, MR. CHAIR AND FELLOW BOARD. MY NAME IS JASON DAVIDSON.

I AM WITH AMENITY FOOD AND BEVERAGE. I'M HERE ON BEHALF OF JULINGTON CREEK PLANTATION COMMUNITY DEVELOPMENT DISTRICT ELECTED 350 PLANTATION CLUB PARKWAY.

[00:25:04]

TO 8:00 P.M., SATURDAY FROM 10:00 A.M. TO 7:00 P.M., AND SUNDAY FROM 10:00 A.M. TO 6:00 P.M. THE CAFE CONTAINS 71 SEATS. THE HOURS OF SALE AND SERVICE OF ALCOHOLIC BEVERAGES ON PREMISES WILL CONFIRM THE HOURS PRESCRIBED IN ST. JOHNS COUNTY ORDINANCE 90-48. THE REQUEST AS SUBMITTED MEETS ALL APPLICATIONAL CRITERIA SET FORTH IN A LAND DEVELOPMENT CODE 2 HAD THE R.3 PRESIDENT 03. THE CAFE HAS BEEN IN BUSINESS MANY YEARS, SPECIFICALLY SINCE 2008. THE SUBJECT PROPERTY HAS OBTAINED PREVIOUSLY A PROOSTLES FOR 2COP BEER/WINE WITH THE MOST RECENT IN 23 SUP MAGIC 13-28.

ALTHOUGH THE PROPERTY IS NOT IN THE JUGGLETON PUD IT HAS BEEN INCORPORATED THROUGH A NOTICE OF PROPOSED CHANGE AND OPC 2006-06. TO BE USED FOR CONSTRUCTION OF NEW RECREATIONAL FACILITIES TO SERVE THE RESIDENTS OF JULINGTON CREEK PLANTATION. THE JULINGTON CREEK PU:IS LIMITED TO RECREATIONALLAL FACILITIES THEREFORE THE LAND WA ABLE TO REMAIN RURAL SILVICULTURAL. WITH THAT I'M ABLE TO ADDRESS ANY QUESTIONS.

>> THANK YOU. MEMBERS OF THE AGENCY, WITH YOUR PERMISSION I WILL LOOK FOR PUBLIC COMMENT, SPEAKERS CARDS, ET CETERA AND THEN COME BACK FOR QUESTIONS AND COMMENTS FROM THE

AGENCY. DO WE HAVE ANY SPEAKER CARDS? >> MORE.

AND NOTHING ON ASK ABOUT . >> WE DO? DO WE HAVE ANY

TELECOMMUNICATIONS MESSAGES? >> NO PUBLIC COMMENT AT THIS TIME.

>> VERY GOOD. LET ME GO BACK, THEN, AND ASK FOR COMMENTS OR QUESTIONS ON THE

PART OF AGENCY MEMBERS. MR. MATOVINA. >> I HAVE NONE.

>> MR. ALAIMO. >> I HAVE NONE. >> MS. PERKINS.

>> NONE. >> I HAVE NONE. DR. HILSENBECK.

>> NONE. >> DR. MCCORMICK. >> I HAVE A COMMENT, BUT IT'S INDIRECTLY RELATED TO THIS, BUT IN A WAY IT IS, YES. AND IT'S THE PUBLIC COMMENT THAT MARIE COLEE MADE PRIOR TO, STARTING WITH THE AGENCY MATTERS, I JUST WANT TO CONGRATULATE HER FOR HER COMMENTS AND HER CONCERNS WITH THE ISSUE THAT SHE DISCUSSED, SO

THANK YOU, MARIA. BYE. >> WITH THE COMPLETION OF THE COMMENTS AND QUESTIONS, I CAN LOOK FOR A MOTION FROM ANY MEMBER OF THE AGENCY.

>> MR. CHAIR, I'LL MAKE A MOTION. MOTION TO APPROVE SUPMAN 2020-10, REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FOR ON-SITE SALES AND CON SUPTION ALCOHOLIC BEVERAGES UNDERSTAND THE REGULATION OF THE STATE OF FLORIDA TYPE 4COP LICENSE, IN CONNECTION WITH A RECREATION CENTER/CAFE IN OPEN RURAL ZONING, SPECIFICALLY LOCATED AT 350 PLANTATION CLUB PARKWAY SUBJECT TO 11 CONDITIONS AND EIGHT FOUNDINGS OF FACT AS

PROVIDED IN THE STAFF REPORT. >> MR. MATOVINA HAS MADE A MOTION.

IS THERE A SECOND? >> SECOND. >> SECOND.

I WILL GO DOWN ROLL CALL VOTE FOR THE VOTES. MR. MATOVINA.

>> YES. >> MR. ALAIMO. >> YES.

>> MS. PERKINS. >> YES. >> I VOTE YES.

DR. HILSENBECK. >> YES. >> DR. MCCORMICK.

>> YES. >> MOTION PASSES THE RECOMMENDATION.

I'M SORRY. THE MOTION IS PASSED UNANIMOUSLY.

THANK YOU, SIR. >> THANK YOU VERY MUCH. >> ITEM 3.

[3. ZVAR 2020-19 Joshua DeLoach Fence. ]

[00:30:10]

MR. MATOVINA. >> NO EX PARTE. >> MR. ALAIMO.

>> NO EX PARTE. >> MS. PERKINS. >> NONE.

>> I HAVE NONE. DR. HILSENBECK. >> YES, I DROVE BY THE PROPERTY

YESTERDAY. >> THANK YOU. DR. MCCORMICK.

>> YES, I ALSO DROVE BY THE PROPERTY. IN FACT, I WENT AROUND IT A COUPLE TIMES, SO THAT'S THE INTENT THE EXTENT OF IT, THOUGH,.

>> THANK YOU. NEXT MR. JOSHUA -- I'M SORRY. DELOACH?

YES? THE FLOOR IS YOURS, SIR. >> THANK YOU.

MY NAME IS JOSHUA DELOACH, I LIVE AT 6864 MIDDLETON AVENUE, AND I'M ASKING FOR APPROVAL TO KEEP AN 8-FOOT FENCE IN LIEU OF 6-FOOT. I BELIEVE WE HAD SOME IMAGES TO LOOK AT JUST TO KIND OF SHOW YOU WHAT WE'VE CONSTRUCTED. I WANTED TO EXPRESS THAT I BUILT THIS NOT TO OFFEND ANYONE, SIMPLY TO PROVIDE PRIVACY FOR MY CHILDREN AND MY FAMILY.

THAT'S PRETTY MUCH ALL I HAD TO SAY ABOUT THAT. THIS IS MY HOUSE OUTLINED IN YELLOW. THE YELLOW DOTS ARE OTHER NON-CONFORMING FENCES UP AND DOWN MY STREET THAT RANGE FROM T OF THE PROPERTY TO 8-FOOT FENCES ALONG THE SIDE AND BACK OF OTHER PROPERTIES. THE BLUE DOT IS OUR HOUSE. THIS IS A SIDE VIEW MY HOME AND THE NEW FENCE THAT WAS CONSTRUCTED. THIS IS FROM MY BATHROOM WHICH IS THIS MAIN REASON FOR THE FENCE. THIS IS OUR BATHTUB LOOKING OUT AT THE FENCE. THERE'S APPROXIMATELY A 2-FOOT ELEVATION ON THE SIDE OF MY PROPERTY WHERE IF A 6-FOOT FENCE IS LOOKING CHEST HIGH OVER THE NEIGHBOR'S SIDE SO YOU I FELT IT WAS APPROPRIATE TO TO HAVE A E BIT HIGHER FENCE FOR MY FAMILY. THIS IS ADDITION THAT WE PUT ONTO OUR HOME THAT WE HAD TO PASS OUR FIRST VARIANCE THAT YA'LL APPROVED FOR US.

THAT'S WHAT WE CONSTRUCTED. THIS IS THE NEIGHBOR'S HOUSE THAT HAS FILED A GRIEVANCE, AND IT SHOWS THE NORTH END OF THEIR PROPERTY A FENCE FALLING DOWN, IT SHOWS THE SOUTH END OF OUR PROPERTY A NICE NEW STURDY FENCE THAT I BUILT. THIS IS A NON-CONFORMING FENCE, WHICH IS ONE HOUSE OVER FROM MINE TO THE SOUTH, ONCE AGAIN AN 8-FOOT FENCE BETWEEN THE NEIGHBORS. WE'RE ALL REALLY TIGHT DOWN THERE AND WE COULD ALL USE A LITTLE MORE PRIVACY. THREE HOUSES TO THE NORTH OF US, 8-FOOT FENCE, AND AS WE TRAVEL THROUGH THE NEIGHBORHOOD, JUST OTHER IMAGES OF OTHER 8-FOOT FENCES WHICH I AM JUST FOLLOWING IN. ANOTHER 8-FOOT FENCE. ME SHOWING THE HEIGHT OF THE 8-FOOT FENCE. THIS FENCE IN PARTICULAR RUNS ALL THE WAY OUT TO THE STREET.

ANOTHER FENCE THAT'S BEEN APPROVED BY THE BOARD, THEY HAD TO RECEIVE A VARIANCE FOR THIS.

THIS IS A SIX FOOT FENCE AT THE STREET. JUST MORE OF THE SAME.

SO THAT'S I BELIEVE ALL I HAVE TO SAY TODAY. >> THANK YOU.

LET'S LOOK FOR SPEAKER CARDS OR PUBLIC COMMENT. >> NO SPEAKER CARDS.

>> DO WE HAVE ANY OTHER PUBLIC COMMENT? TELEPHONIC OR OTHERWISE? I'LL TAKE THAT AS A -- YES, WE HAVE ONE OR LIKELY TO HAVE ONE.

IS THERE SOMEONE THERE? >> HELLO. >> YES, GO AHEAD.

[00:35:01]

>> HI. THIS IS BRIAN, I LIVE AT 740 PALMER A DRIVE HE IS IN PONTE VEDRA. I'M REPRESENTING MY WIFE WHO IS CURRENTLY TAKING CARE OF HER MOTHER NEXT DOOR TO JOSH. I DID SEND A VERBAL REPLY AS WELL AS PICTURES.

I DON'T KNOW IF THOSE HAVE BEEN RECEIVED BY THE COMMITTEE. CAN YOU TELL ME IF THOSE HAVE

BEEN RECEIVED? >> YES, THEY HAVE. I'VE GOT THE FORMS THAT YOU'LL

PROVIDE ME TODAY. >> GREAT. SO BASICALLY JOSH HAS BUILT A FENCE THAT'S ABOUT THE SIZE OF THE HOUSE. IT'S 8-FOOT 7.

I MEASURED IT. IT'S IV FEET 34 FEET LONG. IT'S A GOOD 32 AND A HALF FEET TALLER THAN THE FENCE THAT THE OTHER NEIGHBOR BUILT THAT'S 6 FEET HIGH.

IT'S RIGHT UP AGAINST THE PROPERTY LINE. IT IS AS BIG AS THE GARAGE.

IT'S ACTUALLY BIGGER THAN THE GARAGE ONLY IT DOESN'T HAVE A ROOF ON IT.

MY WIFE STRONGLY OBJECTS TO THE EFFECT IT HAS ON THE PROPERTY. WE WELCOME A FENCE BUT NOT A MONSTER LIKE THIS. SO I'D APPRECIATE IT IF YOU WOULD JUST REFER TO THE PRINTED INFORMATION THAT I HAVE SENT IN THE PICTURES. WE WANT TO KEEP A GOOD RELATIONSHIP WITH JOSH, BUT THE SPHAINS REAL SORE POINT. THANK YOU -- BUT THE FENCE IS A

REAL SORE POINT. THANK YOU VERY MUCH. >> ARE THERE ANY OTHER TELEPHONE

CALL-INS? >> NO PUBLIC COMMENT. >> THANK YOU.

LET'S GO TO AGENCY MEMBERS THEN FOR QUESTIONS AT THIS TIME QUESTIONS, AND AFTER THAT IS OVER I WILL ASK FOR A MOTION THEN. GREG.

>> YEAH, I HAVE ONE QUESTION. WHY DID YOU BUILD A HOUSE ELEVATED?

ARE OR THE ADDITION, WHY IS IT ELEVATED? >> THAT'S FEMA CODE.

>> OKAY. >> FINISHED? >> YES.

>> THANK YOU. MR. ALAIMO, ANY COMMENTS, QUESTIONS?

>> I HAVE NO QUESTIONS OR COMMENTS AT THIS TIME. >> MS. PERKINS.

>> I DON'T HAVE ANY QUESTIONS. I THINK IF THE FENCE IS A TRAF I HAVE LOOKING BUT I DO AGREE IT IS A BIT HIGH AND I DON'T SEE MUCH OF A JUSTIFICATION FOR IT, SO THAT'S MY ONLY COMMENT.

>> THANK YOU. I HAVE A COMMENT. I WOULD ASK A QUESTION.

WHAT ABOUT 6 FEET? 6 FEET SEEMS TO BE WORKING IN THAT AREA.

>> AS I EXPLAINED TO THE NEIGHBOR, I HAVE PLANS TO BUILD A DECK OFF THE BACK OF THAT HOUSE, WHICH IS GOING TO BE LEVEL WITH STEPPING OUT OF THE HOME ONTO THE DECK.

ILLEGAL STALLING A HOT TUB. AND IF I DO THAT, I WILL BE AT CHESS HEIGHT LOOKING OVER A 6-FOOT FENCE, SO FOR THAT REASON I FEEL IT'S SUFFICIENT TO HAVE THE 8-FOOT.

THERE'S AN ELEVATION CHANGE UP INTO MY PROPERTY AND AS WELL AS IN MY NEIGHBOR'S HOUSE.

WE ARE LOOKING AT EACH OTHER ABOVE A 6-FOOT FENCE. >> YOU'RE LOOKING AT EACH OTHER

ABOVE THE 6-FOOT FENCE. >> YES, STANDING IN MY HOME AND MY NOSH STANDING IN THEIR HOME, THEY HAVE A CLEAR LINE OF SIGHT RIGHT INTO MY TATH BATHTUB AND MY BEDROOM WINDOW, SO THAT WAS

MY MOTIVATION. >> THANK YOU. DR. HILSENBECK, COMMENTS?

>> I WAS WONDERING WHY HAVING SOME CURTAINS OR SHUTTERS IN THE BATHROOM ON THAT DOOR THAT HAS GLASS ON THE UPPER HALF, WHY THAT WOULD NOT SUFFICE FOR PRIVACY.

>> WELL, WE DO HAVE SHUTTERS. WE DO HAVE BLINDS AND CURTAINS, BUT WE DON'T ALWAYS KEEP THEM CLOSED, AND IN THE EVENING WHEN IT'S LIT UP IN THE HOUSE, IT'S LIKE A FISH BOWL, IT FEELS LIKE.

SO I HAVE TWO SMALL CHILDREN, AND I JUST WANTED TO PROVIDE A LITTLE MORE PRIVACY FOR THEM,

ESPECIALLY AS THEY'RE GOING INTO THEIR TEEN YEARS. >> OKAY.

APPRECIATE THAT. I DID DRIVE AROUND IN THE NEIGHBORHOOD AND I HAVE FRIENDS THAT LIVE SOUTH OF THERE ON MIDDLETON, SO I'M FAMILIAR WITH THE NEIGHBORHOOD.

THERE CERTAINLY ARE OTHER FENCES THAT EXCEED 6 FEET. I DIDN'T GET OUT AND MEASURE THEM BUT IT WAS QUITE OBVIOUS, BUT THERE ARE QUITE A FEW FENCES THAT WERE SHOWN ON THAT ONE GRAPHIC. SO I DON'T KNOW WHAT WE DO ABOUT THOSE.

I GUESS NO COMPLAINT HAS BEEN FILED ON THOSE. BUT THERE IS A PRECEDENT WITHIN

[00:40:02]

8 FEET, BUT 8 FEET 6 INCHES OR A LITTLE EXCESSIVE. >> I AGREE WITH THAT 100%.

THANK YOU. >> DR. HILSENBECK, CONTINUE WITH YOUR COMMENT, PLEASE.

>> WELL, I JUST WONDERED WHAT STAFF MIGHT RECOMMEND BE DONE SINCE THERE'S A PRECEDENT SET.

I DON'T WANT TO PUT ANYONE ON THE SPOT, BUT I'M JUST WONDERING SINCE THERE ARE NUMEROUS OTHER FENCES THAT EXCEED 6 FEET IN THE AREA, WHAT MIGHT BE DONE ABOUT THOSE.

IF THOSE ARE TO BE LEFT, THEN I HAVE -- THEN I'M CONCERNED WITH MAKING THIS INDIVIDUAL LOWER THE FENCE DOWN TO 6 FEET AS WELL. I THINK 8 FEET I COULD POSSIBLY LIVE WITH, BUT I JUST DON'T KNOW

ABOUT THE OTHER ONES. >> MR. CHAIR. >> YES, SIR.

>> MIKE ROBERTSON, GROWTH MANAGEMENT. IF I MAY, DR. HILSENBECK, WE DON'T KNOW IF SOME OF THOSE GOT VARIANCES. SOME OF THEM MAY HAVE AND SOME OF THEM MAY JUST BE NON-CONFORMING. SOME OF THEM MAY BE ILLEGAL.

YOU'RE RIGHT, IT DOES APPEAR THAT THEY DO EXIST, BUT THE STAFF DOES NOT -- IS UNSURE OF THE LEGALITY OF THE ANY OF THOS THOSE. THE QUESTION AT HAND, AND YOU CONSIDER WHAT'S TO BEAR IN THIS CASE, BUT THE QUESTION AT HAND I THINK IS HERE AT THIS RESIDENCE, AND WHETHER OR NOT IT'S A NUISANCE IN YOUR OPINION AND THE BOARD'S OPINION OR WHETHER OR

NOT THERE'S A HARDSHIP>> THANK . I APPRECIATE THAT, MIKE. ONE FINAL COMMENT BEFORE DR. MCCORMICK SPEAKS, IF THERE WAS NOT THREE LETTERS OBJECTING TO THIS, I ALSO MIGHT FEEL A BIT DIFFERENTLY ABOUT IT BUT WE DID RECEIVE THREE LETTERS ASKING THAT THIS AGENCY DENY THE

REQUEST, SO THAT DOES CARRY SOME WEIGHT, IN MY OPINION. >> THANK YOU.

MR. CHAIR. >> DR. MCCORMICK. >> MR. CHAIR, BEFORE DR. MCCORMICK SPEAKS, IF I MAY, DR. MCCORMICK, TOO, I DID WANT TO REMIND THE AGENCY THAT PART OF THE DEFINITION OR EGYPTIAN OF ZONING VARIANCE INCLUDES AS PART OF IT TALKING ABOUT HARDSHIP. IN THIS CONTEXT PERSONAL, FAMILY OR FINANCIAL DIFFICULTIES, LOSS OF PROSPECTIVE PROFITS, NEIGHBORING VIOLATIONS OR HARDSHIPS CREATED BY ANY ACT OF THE OWNER. IN OTHER WORDS, ARE NOT CONSIDERED HARDSHIPS JUSTIFYING A VARIANCE. SO THE CODE ITSELF ANTICIPATES THAT IN SOME SITUATIONS THERE MAY BE SOME OTHER VIOLATIONS. IF THESE ARE VIOLATIONS, WHICH I I DON'T KNOW THAT IT HAS BEEN DETERMINED, BUT I JUST WANTED TO REMIND THE AGENCY THAT THE CODE DOES HAVE THAT LANGUAGE.

>> THANK YOU. DR. MCCORMICK. >> WELL, I APPRECIATE PATRICK'S COMMENTS BECAUSE I ALSO HAVE A PROBLEM IN TERMS OF THE HARDSHIP ISSUE, AND AS HAS ALREADY BEEN SUGGESTED, IN TERMTS OF THE WINDOWS BEING OPEN OR CLOSED OR COVERED OR NOT COVERED, I DON'T SEE THAT AS A HARDSHIP FOR THE PROPERTY OWNER, EITHER. I'M INCLINED, BASED ON MY VIEW OF THE PROPERTY AND THE LETTERS FROM THOSE WHO ARE NEIGHBORS THAT DID HAVE PROBLEMS WITH IT,

I'M INCLINED TO DENY THIS REQUEST. >> THANK YOU.

DO YOU HAVE ANY OTHER COMMENT? >> NO. >> MR. CHAIRMAN, MAY I COMMENT?

>> YES, YOU MAY. >> SO I'M TYPICALLY THE PERSON WHO VOTES NO THE MOST TO O.

THESE VARIANCES, AND I WAS PREPARED TO VOTE NO ON THIS PARTICULAR ONE UNTIL I WAS ADVISED BY THE APPLICANT, AND LOOKING TO STAFF MAYBE TO CONFIRM, AND THE REASON I WOULD NORMALLY VOTE NO ON THIS ONE IS BECAUSE THEY CREATED THEIR OWN HARDSHIP WHEN THEY GOT A VARIANCE TO BUILD THIS PARTICULAR PART OF THE BUILDING IN THIS AREA, BUT IT IS A SMALL LOT, AND IF THE ELEVATION THAT THE HOUSE IS SET AT IS WHAT WAS REQUIRED BECAUSE OF IT BEING IN

[00:45:02]

I PROBABLY WOULD HAVE APPROVED THE 8-FOOT FENCE. I CAN'T SPEAK FOR THE OTHER AGENCY MEMBERS BE BUT IT WOULD HAVE BEEN REASONABLE IF THEY WERE REQUIRED TO SET THE HOUSE AT THAT ELEVATION TO SUGGEST THAT A HIGHER FENCE MIGHT BE IN ORDER.

SO I'M REALLY REQUESTING THE QUESTION OF STAFF HERE IF THEY CAN CONFIRM THAT THE HOUSE WAS

SET AT THE MINIMUM ELEVATION BASED ON -- >> MR. CHAIR, THROUGH THE CHAIR, MR. MATOVINA, DID I CONFIRM WHEN THAT WAS MENTIONED WITH MY CIVIL ENGINEERS AND THEY CONFIRM THAT

IT WAS BUILT, YES, IT'S TRUE, DUE TO IT'S IN AN AE FLOOD ZONE. >> THANK YOU.

THAT'S ALL I HAD, MR. CHAIRMAN. >> THANK YOU. I HAVE A COMMENTI TEND TO BE OPH FENCES THAT SEPARATE US. WE LIVE IN AN OPEN SOCIETY. AND I AM A BENEFICIARY OF THAT.

WE ALL ARE. IN THIS CASE THERE IS A PRIVACY ISSUE, AND IT'S CREATED BY OUR OWN REGULATION IN A SENSE. WE'VE ASKED THESE FOLKS TO BUILD THEIR BUILDING UP HIGHER TO GET OUT OF THE FLOOD ZONE, AND THAT'S FOR THEIR BENEFIT AS WELL.

I AM HAVING A PROBLEM WITH SUPPORTING A FENCE THIS HIGH. I MET THESE TWO BEAUTIFUL CHILDREN OVER THERE, AND I HAVE DAUGHTERS OF MY OWN. STILL, 8-FOOT FENCE, THAT IS A VERY, VERY HIGH THING, AND I WOULD LIKE TO SEE SOME EFFORT HERE TO LOWER THAT.

AND IT'S NOT PLACE HERE TO NEGOTIATE, AND I'M GOING TO AVOID DOING THAT, BUT I WILL HAVE TO OPPOSE A FENCE THIS HIGH IN THIS LOCATION. ANY OTHER COMMENTS? LET'S SEE. IF THAT CONCLUDES THE COMMENTS, I'LL ASK FOR A MOTION.

>> MR. CHAIR, I'LL MAKE A MOTION. MOTION --

>> MAY WE MAKE MORE COMMENTS OR IS THIS FINAL? >> WE'RE PRETTY MUCH FINISHED

NOW. THANK YOU. >> THANK YOU.

>> AND WE APPRECIATE. YOU'VE LAID YOUR CHASE OUT VERYT VERY WELL.

>> MOTION TO APPROVE Z VAR 2020-19 REQUEST FOR ZONING VARIANCE TO LAND DEVELOPMENT CODE SECTION 2.02.04. B.12 TO ALLOW AN 8 FOOD FENCE, ONLY 8-FOOT IN LIEU OF THE 6-FOOT REQUIREMENT SPECIFICALLY LOCATED AT 6864 MIDDLETON AVENUE SUBJECT TO SEVEN CONDITIONS AND FIVE

FOUNDINGS OF FACT AS PROVIDED IN THE STAFF REPORT. >> IS THERE A SECOND?

>> SECOND. >> SECOND. I WILL CALL THE ROLL NOW FOR A

VOTE. MR. MATOVINA. >> YES.

>> MR. ALAIMO. >> YES. >> MS. PERKINS.

>> YES. >> I VOTE NO. DR. HILSENBECK.

>> WELL, BEFORE WE VOTE, I WAS HOPING WE'D HAVE ANOTHER COMMENT PERIOD.

ARE WE SAYING THEY CAN HAVE AN ? >> THAT IS THE MOTION. >> THEN I WILL VOTE YES.

>> AND DR. MCCORMICK. >> OKAY. AGAIN, I WANT TO GET CLARIFICATION ON THIS TOO. SO THE MOTION IS TO APPROVE AN 7 FENCE, IS THAT CORRECT?

>> YES, IT IS. >> GREG? >> YES, THAT'S CORRECT.

>> ALL RIGHT. I'LL VOTE YES. >> THE MOTION PASSES 6-1.

>> THANK YOU FOR YOUR TIME TODAY. YA'LL HAVE A GREAT WEEK.

>> THANK YOU. >> GOOD LUCK WITH YOUR CHURN. >> THANK YOU, MR. CHAIR, FOR TAKING MY PLACE. I'M THE ONE THAT NORMALLY VOTES NO.

[00:50:01]

[4. MINMOD 2020-09 Zaxby's Restaurant. ]

OH, MY GOSH. I'M SORRY. >> I AM NOT JOSHUA DELOACH.

>> THANK YOU. I'LL GO BACK TO ASSISTANT CHAIR TRAINING SCHOOL SHORTLY.

>> IN FAIRNESS, MR. CHAIR, YOUR AGENDA DOES SAY JOSHUA DELOACH DELOACH.

BUT I AM ELLEN ARRIVE SMITH WITH ROGERS TOWERS 100 WEST STONE PLACE IN ST. AUGUSTINE.

AND I AM HERE ON BEHALF SOUTHERN CONTENTMENT PROPERTIES WHICH IS THE CONTRACT PURCHASER OF THIS PARTICULAR PROPERTY WE'RE ABOUT TO TALK ABOUT. THEY ARE A LOCAL BUSINESS HEADQUARTERED HERE IN ST. AUGUSTINE, AND ARE THE LOCAL ZAXBY'S FRANCHISOR OR FRANCHISEE, EITHER WAY. THE PROPERTY WE ARE GOING TO TALK ABOUT IS LOCATED, HERE'S US-1, HERE'S SANTAMARIA BOULEVARD AS YOU CAN SEE, THIS IS WILDWOOD, AND SO THE PROPERTY IS WITHIN THE SHORES OFF-US-1. FOR THOSE OF YOU NORM WITH THIS AREA, SANTAMARIA IS A SERVICE ROAD THAT PARALLELS US-1. THERE'S A PUBLIC SHOPPING CENTER HERE.

YOU RECENTLY WITHIN THE LAST TWO YEARS APPROVED A DUNKIN' DONUTS WITH A DRIVE-THROUGH HERE.

THERE'S A SHOPPING CENTER. THERE ARE RESTAURANTS AND AN ICE CREAM SHOP AND ALL ALONG THIS CORRIDOR, SO THE PROPERTY WE'RE TALKING ABOUT IS RIGHT HERE. THE FUTURE LAND USE MAP DESIGNATION OF THE PROPERTY IS RESIDENTIAL C WHICH DOES ALLOW COMMUNITY RELATED COMMERCIAL.

PLANNED USES AS A MATTER OF RIGHT. THE ZONING IS PLANNED UNIT DEVELOPMENT WITHIN AGAIN THE SHORES PUD WHICH HAS BEEN AROUND SINCE THE EARLY 1970S, AND IT DOES ALLOW DRIVE-THROUGH RESTAURANTS WITH I WILL CALL IT AN EXCEPTION IN THIS CASE WITH A MINOR MODIFICATION TODAY PUD THAT'S SPECIFIC TO THIS SITE. AND AGAIN, ZOOMING IN HERE YOU CAN AGAIN SEE THE DUNKIN' DONUTS RESTAURANT. I THINK IT'S OLD COW AND SOME OTHERS. THERE'S A NEW SHOPPING CENTER HERE.

AND THE DUNKIN' DONUTS AGAIN ZOOMING IN HAS A DRIVE-THROUGH AND YOU'RE EVER YOUR BOARD APPROVED THAT ABOUT TWO YEARS AGO. SO WHAT WE'RE TALKING ABOUT HERE IS THE MINOR MODIFICATION TO ALLOW THE DRIVE-THROUGH AFFILIATED WITH THIS ZAXBY'S RESTAURANT WHICH IS REQUIRED AS AN AMENDMENT TO THE PUD FOR ST. AUGUSTINE SHORES.

YOU HAVE THIS MASTER DEVELOPMENT. PLAN IN YOUR PACKAGE.

HERE'S SANTA MARIA BOULEVARD. HERE'S THE PROPOSED RESTAURANT. THE DRIVE-THROUGH AREA, THE DUMPSTER AREA, AND THE LITTLE -- THE DRIVE-THROUGH BOX ITSELF IS LOCATED HERE.

I'M GOING TO ZOOM IN. SO YOU CAN SEE IT ALL. HERE'S THE DRIVE-THROUGH BOX HERE. THERE ARE 220 FEET BETWEEN THE DRIVE-THROUGH BOX AND THE NEAREST RESIDENTIAL PROPERTY LINE. THERE IS -- SO THAT MEETS THE CODE. THE CODE REQUIRES THE MINIMUM OF 200-FOOT SEPARATION, WHICH WE KNOW A DRIVE-THROUGH CALL BOX AND THE CLOSEST RESIDENTIAL PROPERTY LINE, NOT THE RESIDENCE ITSELF. A COUPLE OF NOTES. ZAXBY'S FROPTS TERKTS A.M. TO 10:00 P.M. SEVEN DAYS A WEEK SO THIS IS NOT A 24-HOUR RESTAURANT.

I'M ALSO GOING TO BACK UP HERE FOR A MINUTE TO SO YOU A CLEAR PICTURE.

WELL, THAT DOESN'T DO ANY GOOD. IF YOU CAN KIND OF SEE ON THIS MAP THERE'S AN EXISTING I'M GOING TO CALL IT OPEN SPACE TRACT HERE WITHIN THE SHORES PUD THAT'S HEAVILY VEGETATED.

I WANT TO GO BACK HERE TO THE CLEARER MAP. BUT CAN SEE THIS VEGETATION HERE. THIS IS A TRACT THAT INCLUDES A SIDEWALK AND LANDSCAPING ALREADY. THERE IS LANDSCAPING THAT WE WILL BE PROVIDED ALONG THE EASTERN PERIMETER OF THIS SITE YOU TO ALLOW FOR SOME BUFFERING FOR SOUND AS WELL, AND THEN WE'VE PROVIDED STAFF WITH INFORMATION ABOUT THE MODERN TECHNOLOGY FROM THREEM RELATED TO DECIBEL LEVELS FOR DRIVE-THROUGH RESTAURANTS. AND SO AGAIN I'M GOING TO GO

[00:55:08]

THIS IS ALL IN YOUR STAFF REPORT. HERE'S A PICTURE OF WHAT THE DRIVE-THROUGH WILL LOOK LIKE, SO YOU HAVE A CANOPY OVER THE STOP. AGAIN, MORE SOUND BUFFERING.

AND THEN AGAIN YOU'VE GOT DUMPSTER AND LETTERS SOME LANDSCAPING THAT WILL BE PROVIDED AS SOUND MITIGATION AND ATTENUATION AS WELL. SO AGAIN, HOURS OF OPERATION 10:30 A.M. TO 10:00 P.M. DAILY, AND BY REFERENCE TO THE DUNKIN' DONUTS, WHICH IT HAS A CLOSER CALL BOX TO NEAR BY RESIDENCES IN THE SHORES THAN THIS, YOU ACTUALLY GRANTED A WAIVER FOR THAT ONE TO 180 FEET. THIS ONE IS 220 FEET. THERE HAVE BEEN NO NOISE COMPLAINTS REGARDING THE CALL BOX FOR THAT DUNKIN' DONUTS RESTAURANT, AND IT OPENS EARLIER AND STAYS OPEN LATER. SO WE DON'T HAVE ANY OUTSTANDING STAFF COMMENTS, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT THIS APPLICATION, AND I APPRECIATE

YOUR TIME. >> WOULD YOU STAY THERE AND ONCE AGAIN I'LL ASK THE AGENCY IF I CAN LOOK FOR COMMENTS, SPEAKER COOR TELEPHONE COMMUNICATIONS, AND THEN WE'LL GO TO QUESTIONS

AND COMMENTS FROM THE AGENCY MEMBERS. >> RIGHT.

AND EX PARTE AS WELL. >> AH, I WILL COVER THAT -- I SHOULD HAVE COVERED THAT BUT I

WILL COVER IT IN A MOMENT. DO WE HAVE ANY SPEAKER CARDS? >> NO SPEAKER CARDS.

>> DO WE HAVE ANYONE ON THE LINE? >> NO COMMENT AT THIS TIME.

>> THANK YOU. LET ME SEE THEN. LET ME GO DOWN THE ROLL CALL FOR

EX PARTE. MR. MATOVINA. >> NO EX PARTE, TO MY SPLOIMENT,

NO QUESTIONS. >> MR. ALAIMO. >> NO EX PARTE, MR. CHAIRMAN, AND I'M A FREQUENT VISITOR OF ZAXBY'S AND THE RESTAURANTS DO A GREAT JOB.

THIS IS A VERY DIFFICULT TIME WITH COVID FOR THE HOSPITALITY INDUSTRY BUT THEY'VE DONE A

FANTASTIC JOB WITH THE THE ONES I'VE SEEN HERE LOCALLY. >> THANK YOU.

MS. PERKINS. >> NO EX PARTE. >> AND DO YOU HAVE IN YOU

COMMENT? >> NO COMMENTS OR QUESTIONS. >> I HAVE NO EX PARTE AND ONE QUESTION. HOW FAR AWAY FROM THE EXTERNAL ORDERING STATION IS THE NEAREST

RESIDENCE? >>EL WITH IT WOULD BE MORE THAN 220 FEET AWAY, SO THAT'S TO THE PROPERTY LINE, SO LET'S ASSUME A 20-FOOT REAR YARD SETBACK OR LET'S ASSUME A TEN FOOT REAR

YARD SETBACK, 230 FEET. THAT'S AN ASSUMPTION. >> DO WE HAVE A REQUIREMENT?

>> 200 FEET. >> A DISTANCE REQUIREMENT ABOUT THAT?

>> YES, SIR. THIS IS SALEENA WITH THE PLANNING AND ZONING DEPARTMENT.

IT IS 200 FEET FROM THE CALL BOX TO THE CLOSEST RESIDENTIAL PROPERTY LINE.

>> THANK YOU. IMAGINE GETTING A PERSON UP OUT OF THEIR CHAIR TO COME ALL THE

WAY UP HERE TO ANSWER THAT SIMPLE QUESTION. >> IT KEEPS THE BLOOD FLOWING.

>> LET'S SEE. DR. HILSENBECK. EX PARTE AND COMMENTS,

QUESTIONS? >> CONCERNING EX PARTE, I DID DRIVE BY THE PROPERTY YESTERDAY& BUT I HAVE NO COMMENTS OR QUESTIONS. THANK YOU.

>> FINE. DR. MCCORMICK. >> I GO BY THAT PROPERTY A LOT, AND I DID DEPRIVE DRIVE OVEN JUST TO TAKE A LOOK A COUPLE OF DAYS AGO SO DID I TO THAT.

I GUESS CAN I ASK A QUESTION OR NOT? >> YOU CERTAINLY CAN ASK A

QUESTION. >> OKAY. MY QUESTION FOR ELLEN IS THERE'S A LOT OF WOODS BEHIND THAT PROPERTY. ARE ANY OF THOSE TREES GOING TO

HAVE TO COME DOWN TO MAKE MORE ROOM OR NOT? >> OKAY.

I'M GOING TO GO BACK TO MY -- TO THE SLIDE AT THE BEGINNING. DR. MCCORMICK, THIS IS ZOOMED OUT AND I'LL ZOOM IN, BUT IF YO, THAT IS ACTUALLY A TRACT THAT IS WITHIN THE SHORES COMMUNITY THAT

[01:00:05]

THERE ARE TREES, EXISTING TREES THAT WILL REMAIN IN THE BACK. CERTAINLY ANY TREES THAT ARE WITHIN THE AREA THAT IS WITHIN THE MASTER DEVELOPMENT PLAN, I CAN'T MAKE IT ADVANCE NOW, PETER. SORRY. I MESSED IT UP.

THANK YOU. IN THIS AREA BACK HERE, OBVIOUSLY ANY TREES, THEY'RE IN LIKE THE DRIVE AREA AND SOME OF THE PARKING AREA WILL BE REMOVED, BUT THE ONES THAT ARE IN THE BUFFER AREA WILL NOT, AND THE ONES THAT ARE NOT WITHIN THE PROPERTY THAT ARE WITHIN THAT

SHORES TRACT WILL NOT BE REMOVE REMOVED. >>

REMOVED. >> THANK YOU. >> FINE.

ARE THERE ANY OTHER QUESTIONS OR COMMENTS FOR AGENCY MEMBERS? >> MR. CHAIR, I'D LIKE TO MAKE A

MOTION. >> I WILL ASK FOR A MOTION NOW. >> MR. CHAIR, BEFORE MR. MATOVINA MAKES A MOTION, I DID WANT TO CLARIFY, AS PART OF THE PRESENTATION I THINK MS. SMITH PROVIDED SORT OF THE OPERATING HOURS OR THE LATEST TIME IS 10:30 P.M.

I DON'T SEE THAT LISTED AS A CONDITION. IT MAY NOT BE A HUGE FACTOR GIVEN THERE'S A SUBSTANTIAL DISTANCE BETWEEN THE CALL BOX I THINK AND RESIDENTIAL, BUT I JUST WANTED TO POINT THAT OUT. IF MS. SMITH COULD CLARIFY, IS THAT PART OF THE APPLICATION OR

THAT'S NOT PART OF THE APPLICATION? >> LET ME INQUIRE.

MR. CHAIRMAN, FOR FLEXIBILITY PURPOSES CAN WE SAY 10:30 A.M. TO 11:00 P.M. BECAUSE THERE ARE SOME TIMES LIKE ON FRIDAY AND SATURDAY NIGHTS WHEN THE RESTAURANT MAY BE OPEN UNTIL

11:00. >> SO MR. CHAIR, JUST TO CLARIFY, SO THE AGENCY, MR. MATOVINA'S GOING TO MAKE THE MOTION, HE COULD EITHER INCLUDE THAT IN THE MOTION OR JUST NOT INCLUDE IT GIVEN THE OTHERS FACTORS AND DISTANCE OR WHATEVER.

I JUST WANTED THAT TO BE CLARIFIED SO THERE WOULDN'T BE A QUESTION AFTER THE FACT.

THANK YOU. >> THAT'S A STRONG POINT. THANK YOU.

MR. MATOVINA. >> I'M GOING TO MAKE A MOTION TO APPROVE MINMOM 2020-09ZAXBY'S RESTAURANT REQUEST FOR A MINOR MODIFICATION TO PUD ORDINANCE 1979-73 AS AMENDED TO ALLOW FOR 3,967 SQUARE FOOT RESTAURANT WITH DRIVE-THROUGH FACILITIES BASED ON SIX FINDINGS OF FACTS AND SUBJECT TO FIVE CONDITIONS AS PROVIDED IN THE STAFF REPORT. I AM NOT ADDING A CONDITION WITH

REGARD TO THE OPERATING HOURS. >> TO CLARIFY, ARE THE HOURS OF OPERATION PART OF YOUR

MOTIONN==? >> I AM NOT ADDING A CONDITION WITH HOURS IN IT.

>> AND THEY'RE NOT REQUIRED TO BE. >> I'M JUST CLARIFYING WHETHER IT IS IN HIS MOTION OR NOT. THANK YOU. DO I HEAR A SECOND?

>> I'LL SECOND. >> ALL RIGHT. I WILL GO DOWN AND CALL THE ROL

ROLL. MR. MATOVINA. >> YES.

>> MR. ALAIMO. >> YES. >> MS. PERKINS.

>> YES. >> WAINRIGHT VOTES YES. DR. HILSENBECK.

>> YES. >> DR. MCCORMICK. >> YES.

>> THE MOTION PASSES UNANIMOUSLY. THANK YOU.

BEFORE WE GO TO THE NEXT ITEM, WATCH THIS. FOR THE NEXT ITEM.

[Items 6 & 5]

MR. MATOVINA. >> MR. CHAIR. I'M SORRY, THIS IS ALICE MORRIS.

[01:05:05]

THEN THE VARIANCE WILL COME AFTER THAT. >> LET'S SEE CLEARLY HERE JUST FOR A SECOND. WE HAVE TWO MEMBERS OF THE COUNTY ATTORNEY'S OFFICE WITH

US, AND WE JUST HEARD FROM ONE OF THEM. >> SURE.

THAT WAS FROM MS. MORRIS. LET ME ASK, IF I MAY GO TO MR. ROBERSON.

IS THERE ANY REASON NOT TO HEAR THESE TOGETHER? >> YOU CAN HEAR THEM TOGETHER.

IN THE PAST WHAT THE COUNTY ATTORNEY'S OFFICE HAD REQUESTED WAS THAT A IF A VARIANCE IS INVOLVED WITH A REZONING APPLICATION, THAT THE VARIANCE COME FIRST DUTY TO FACT THAT THE VARIANCE IS NEEDED SO THAT THE REZONING IS THEN CONSISTENT WITH EVERYTHING THAT'S GOING TO BE OCCURRING ON THE PROPERTY. BUT, YES, SIR, YOU CAN HEAR THEM TOGETHER.

>> MY APOLOGIES. I HAD BEEN ADVISED OTHERWISE, SO THAT WOULD BE FINE.

I DEFER TO RISK MANAGEMENT. -- GROWTH MANAGEMENT. THANK YOU.

>> AND JUST SO, AND MR. CHAIR, I GUESS UNLESS MS. TAYLOR WOULD OBJECT, I THINK PROBABLY BOTH OF

THESE ARE HEARD TOGETHER AND THEN VOTED ONE AT A TIME, RIGHT? >> YES, BUT THE ZONING IS NOT DEPENDENT. THE VARIANCE IS DEPENDENT ON THE ZONING BUT THE ZONING IS NOT DEPENDENT ON THE VARIANCE. SO IT'S KIND OF BACKWARDS AS TO WHAT TERESA JUST SAID.

SO THE ZONING ITSELF CAN STAND IN ITSELF WITHOUT THE VARIANCE. >> MR. CHAIR, I APOLOGIZE.

COULD WE HAVE JUST LIKE A 90 SEC SIDE BAR AND I CAN DISCUSS WITH MS. TAYLOR AND OUR GROWTH

MANAGEMENT TEAM. >> YES. AND SINCE WE'RE ON THAT ITEM, I'M GOING TO ASK FOR EX PARTE BECAUSE I'LL FORGET TO ASK FOR IT LATER.

SO I'LL GO DOWN THE ROLL CALL AND ASK FOR EX PARTE. MR. MATOVINA.

>> NO EX PARTE ON EITHER ITEM 5 OR 6. >> MR. ALAIMO.

>> NO EX PARTE ON EITHER ITEM 5 OR 6. >> MS. PERKINS.

>> NO EX PARTE ON EITHER ITEMS. >> AND I HAVE ON NEITHER. DR. HILSENBECK.

>> I DROVE BY THE PROPERTY, SO I GUESS I HAVE EX PARTE ON BOTH ITEMS 5 AND 6.

>> THANK YOU. DR. MCCORMICK. >> .

DR. MCCORMICK. WE'LL COME BACK IN A FEW MINUTE MINUTES.

ALLOW ME TO RECONVENE THE PROCESS AND ASK -- GO AHEAD AND TELL US.

>> THANK YOU, MR. CHAIR. THAT PROBABLY ENDED UP BEING MORE LIKE A 90 SEC TIME-OUT PLUS OR MINUS OR MAYBE A LITTLE BIT MORE. AFTER CONSULTATION WITH THE COUNTY'S GROWTH MANAGEMENT PROFESSIONAL STAFF AND THE AP CANTS CAN'T'S REPRESENTATIVE, THIS IS THE APPLICANT'S SET OF APPLICATIONS. THERE SORT OF MAY BE SOME PROS AND CONS OF EITHER WAY AT IN ORDER BUT THE BASICALLY MY ADVICE AT THIS TIME IS TO HEAR THEM TOGETHER, THE APPLICANT WILL GIVE -- HER REPRESENTATIVE WILL GIVE HER

[01:10:05]

>> AS I UNDERSTAND IT, WE'LL HEAR BOTH ITEMS AND WE WILL VOTE ON ITEM 7 FIRST.

>> 6. >> NUMBER 6. >> 6 FIRST AND THEN 5.

>> AM I UNDERSTANDING THAT? >> THAT'S RIGHT. >> HELP ME STAY ON TRACK WITH THAT. I DID ASK FOR EX PARTE. FOR THE ENTIRE TO A I GOT IT IN THE RIGHT ORDER ONE TIME. SO LET US PROCEED. MS. TAYLOR.

>> GOOD AFTERNOON. KAREN TAYLOR 77 SARA GOSS A STREET, AND YOUR LITTLE -- ON THE THE LAST WOWNT ZAXBY EASHES IT'S FUNNY BECAUSE I DID THE OTHER RESTAURANT WHICH YOU PROBABLY REMEMBER AND I'M HELPINGS THEM WITH THEIR BUILDING PERMIT BUT ELLEN WAS DOING THIS, SO THERE MUST HAVE BEEN SOMETHING IN THE IKE PSYE GOING ON THERE.

>> THAT'S ALWAYS A GOOD SIGN. >> GOOD AFTERNOON AGAIN. I'M HERE FOR THE 2695 DOBBS ROAD REZONING AND VARIANCE, AND WITH ME IS BURT HARRIS AND KATHY PEAN O'.

THEY ARE THE OWNERS OF THE PROPERTY. ALSO SKI CHAPMAN HAS A CONTRACT TO PURCHASE FOR IT A LAND MANAGEMENT BUSINESS THAT SHE AND HER FAMILY HAVE.

SO THERE'S THEY'RE ALL HES QUESTIONS OR IF THERE'S ANYTHING TO ASK.

I GUESS I HAVE TO DO THE RIGHT ONE AT THE RIGHT TIME. SO AS WE JUST DISCUSSED, IT'S FOR TWO ITEMS. THE FIRST IS TO REQUEST A REZONING FOR .51 ACRES FROM OPEN RURAL AND COMMERCIAL NEIGHBORHOOD. AND THE SECOND IS THE REQUEST FOR A VARIANCE TO ALLOW FOR SOME EXISTING ENCROACHMENTS AND WHAT WE FEEL IS A NECESSARY CEO ENCROACHMENT WINDS THE SIDE YARD BUFFERS. YOU CAN SEE THE LOCATION THERE BASICALLY. WE'LL GET A LITTLE BIT DOORS. AND THAT IS OPEN RURAL ZONING RIGHT NOW TO COMMERCIAL NEIGHBORHOOD. IT IS ON THE -- THIS WOULD BE DOBBS ROAD GOING NORTH-SOUTH. KINGS ESTATE ROAD GOING EAST-WEST.

YOU HEARD A REZONING HERE FOR CW NOT TOO LONG AGO. SO THERE'S A SINGLE FAMILY HOME TO THE NORTH. THERE IS ONE TO THE WEST, AND THAT ACTUALLY IS OWNED BY BURT& AND KATHY. AND THEN ON THE SOUTH SIDE HERE WE HAVE A CHURCH AND THEN QUITE A BIT OF RETENTION AREA THAT CAME ALONG WITH THE REDEVELOPMENT OF KINGSY STATE ROAD. -- KINGS ESTATE ROAD. AND I WENT THROUGH THAT THIS.

THIS IS A LITTLE CLOSER VIEW OF IT AND YOU CAN KIND OF SEE. ONE THING JUST KIND OF TO KNOW, TOO, THERE IS A SUNIL FAMILY HOME TO THE NORTH, AND YOU WILL SEE WHEN WE GHETTO ZONING THAT IT'S NOW KIND OF SANDWICHED THIS. THIS IS ACTUALLY A W PROPERTY, SOS THAT'S KIND OF IN IT, BUT ONE NICE THING ABOUT THIS SIDE IS THAT IT IS ORIENTED TOWARDS THE NORTH SIDE OF THE SITE. AND YOU'LL ABLE TO SEE THAT WITH SOME PICTURES.

AND I BELIEVE I INCLUDED SOME PICTURES IN THE PACKAGE THAT I GAVE YOU.

IT IS IN THE MIXED USE DISTRICT. IT'S THE EDGE OF THE MIXED USE DISTRICT.

IT'S KIND OF THE LAST PLACE IN THIS AREA, DOES HAVE RESIDENTIAL C TO THE WEST AND TO THE SOUTH.

AND THEN MIXED USE DISTRICT ALL THE WAY OVER TO PAST US-1 TO THE EAST.

AND AS FOR THE ZONING, AS I WAS EXPLAINING, THE SITE THAT WE REZONED THE HERITAGE REZONING IS IN HERE. THERE IS A LOT OF OR PROPERTY TO THIS.

AS YOU GO UP DOBBS ROAD, OF COURSE, THERE'S A LOT OF INDUSTRIAL, COMMERCIAL INTENSIVE, PUBLIC SERVICE, EVEN PSD THAT'S ALSO FOR COMMERCIAL ACTIVITIES AS WELL.

ONE REASON THAT WE DECIDED ON THIS ONE, AND WE DIDN'T GO WITH OUR CW OR CI OR INDUSTRIAL ON THIS PARTICULAR PIECE EVEN THOUGH THAT'S THE TREND ALONG DOBBS ROAD, IS THAT THIS IS A CORNER AND THERE IS RESIDENTIAL BEHIND IT. KATHY AND BURT HAVE OWNED THIS FOR A WHILE TOO. WHEN THEY REDID THE INTERSECTION AND THERE'S NOW A TRAFFIC LIGHT, IT REALLY KIND OF MADE THAT LESS DESIRABLE FOR A SINGLE FAMILY RESIDENCE AS WELL, AND SO WE FELT LIKE THE CN ZONING WOULD BE A MORE TRANSITIONAL TYPE ZONING FOR THAT, FOR BOTH THE RESIDENTIAL THAT'S REMAINING TO THE NORTH AS WELL AS THE RESIDENTIAL TO THE WEST.

>> EXCUSE ME FOR A MINUTE, MS. TAYLOR. I THINK SOMEBODY ON THE PHONE MAY NOT HAVE THEIR PHONE ON MUTE. COULD YOU PLEASE PUSH THE MUTE

BUTTON. THANK YOU. >> THANK YOU.

[01:15:01]

>> YOU'RE WELCOME. >> THESE ARE JUST SOME PICTURES. THIS IS THE HOUSE LOOKING FROM DOBBS ROAD. THIS SHOWS YOU KIND OF THE GARAGE AND THE RELATIONSHIP AND THE RELATIONSHIP TO THE INTERSECTION. THAT IS THE HOUSE THAT IS TO THE NORTH ALONG THE SAME SIDE OF DOBBS ROAD. AND THIS IS LOOKING SOUTH, BUT THE SAME SECTION OF DOBBS, AND THAT'S THE INDUSTRIAL THAT IS UP A LITTLE BIT FARTHER.

THIS IS THE PROPERTY THAT WAS REZONED TO COMMERCIAL WAREHOUSE, AND THAT WAS, AGAIN THAT'S ACROSS THE ROAD SO THAT'S ON THE EAST SIDE OF DOB DOBBS ROAD, AND THAT'S PART OF THE RETENTION TO THE SOUTH. I DIDN'T HAVE A PICTURE OF THE ONE THAT'S ACTUALLY IMMEDIATELY ACROSS WITH IT, BUT YOU CAN UNDERSTAND THE RELATIONSHIP. SO WE FEEL LIKE THIS IS VERY COMPATIBLE WITH THE AREA. ADJACENT LAND USES WOULD BE DEEMED COMPATIBLE AND THERE'S INDUSTRIAL COMMERCIAL, INTENSIVE COMMERCIAL USES, AND EVEN AS MENTIONED IN AN EARLIER THING, WITHIN A PUD EVEN WITHIN A RESIDENTIAL CATEGORY, COMMERCIAL NEIGHBORHOOD WOULD BE APPROPRIATE. THIS PROPERTY DOES HAVE FRONTAG& ON TWO MAJOR ROADS.

IT'S A BUSY INTERSECTION. AND IT ALSO HAS A RAILROAD CROSSING JUST A LITTLE WAYS AWAY FROM IT. SO IT'S A LITTLE LESS INTENSITY AND THE REQUIRED BUFFERS WE CAN MEET ALL THE SETBACKS. WE CANNOT MEET SOME OF THE BUFFERS WITH SOME OF THE ENCROACHMENT IMPROVEMENTS, BUT GENERALLY, AND THAT DOESN'T MEAN IF IT ISN'T SUCCESSFUL THAT THIS STILL HAD BEEN ABLE TO ACCOMMODATE COMMERCIAL NEIGHBORHOOD ZONING AND THAT'S WHERE WE GOT INTO OUR LITTLE DISCUSSION A LITTLE BIT EARLIER. SO I'LL COME BACK TO THIS AND GO THROUGH THE VARIANCE FIRST OR WHICH WAY WOULD YOU PREFER THAT I DO IT?

>> I HAVE NO PREFERENCE. >> I DID PUT IT TOGETHER AS ONE PRESENTATION, SO I'LL JUST MOVE

ALONG AND THEN WE CAN JUMP BACK AND FORTH IF WE NEED TO. >> THEN SINCE WE ARE TAKING THE

REQUEST FOR REZONING FIRST, COVER THAT FIRST. >> RIGHT.& SO I'LL GO AHEAD AND COVER THE VARIANCE, AND THEN IF THAT'S YOUR PLEASURE, THAT'S OKAY.

ALL RIGHT. SO THIS IS THE REQUEST FOR THE VARIANCE, AND THAT AGAIN IS TO THE SPECIFIC BUFFERING REQUIREMENTS AND JEENG OF THE LAND DEVELOPMENT -- SCREENING OF THE LAND DEVELOPMENT CODE, AND THIS IS A LITTLE CLOSER AERIAL KIND OF SHOWING YOU IT BASICALLY SHOWS YOU THE HOUSE, SHOWS YOU THE GARAGE, THE DRIVEWAY THAT WE'RE TALKING ABOUT, AND YOU CAN EVEN THOUGH THERE'S SHADOW YOU CAN SEE THAT CONCRETE PAD TO THE NORTH.

WHEN YOU DO CHANGE ZONING, OBVIOUSLY THERE'S DIFFERENT REQUIREMENTS FOR THE SITE.

THIS IS A SURVEY, SO JUST TO KIND OF GIVE YOU AN IDEA OF , E PROPERTY HAS 155 FEET ALONG DOBBS ROAD. IT HAS 132 FEET ALONG KINGS ESTATE ROAD.

YOU CAN SEE THE GENERAL LAYOUT HERE. THIS IS OUR TYPICAL CORNER LOT SO IT HAS TWO FRONT YARDS AND IT HAS TWO SIDE YARDS INSTEAD OF ANY REAR YARD.

AND THE REZONING WILL CHANGE THE FRONT YARD FROM 25-FOOT SETBACK TO 20.

IT DOESN'T AFFECT ANY OF THESE TYPES OF THINGS. SO THOSE ARE NOT A PROBLEM BUT THE BUFFER, AND I'LL SHOW YOU ON THE NEXT ONE, AND THIS ONE SHOWS YOU THE ADDITION OF THE PARKING THAT WOULD BE PROVIDD FOR THIS WHICH WOULD BE SEVEN SPACES, AND I WAS TRYING TO INCORPORATE THE EXISTING DRIVEWAY, THE EXISTING CONCRETE THAT WAS ALREADY THERE, LEAVE A REASONABLE AMOUNT OF AND SO BASICALLY IN ORDER TO PROVIDE IT IN THIS MANNER, WE WOULD PROVIDE THOSE SPACES, WIDEN THE DRIVE AISLE. THAT'S ABOUT THREE FEET. PROVIDE A TURNAROUND, AND WE'RE ASKING FOR THAT CONCRETE PAD TO BE ABLE TO DO THAT, WHICH WOULD ENCROACH INTO THE BUFFER.

AND THEN BE ABLE TO LEAD LEAVE THE GARAGE THAT EXISTS. I DO SHOW ON THIS PARTICULAR ONE, I DO SHOW THE 20-FOOT BUFFER IN RED SO YOU CAN KIND OF SEE WHERE THAT END COACHESAND TR YELLOW AND ADDED A DIFFERENT YELLOW. AGAIN, THE HOUSE MEETS THE REQUIRED SETBACKS WHICH WOULD BE IN BLUE, AND THESE ARE THE REQUIRED SETBACKS.

THE EXISTING CONCRETE BLOCK GARAGE DOES NOT MEET THE SETBACK.

IT ENCROACHES 3.8 FEET INTO THAT, INTO THAT BOUNDARY. AND AGAIN, BEFORE THAT WOULD

[01:20:08]

AND AGAIN, THAT HASN'T GONE THROUGH ANY DEVELOPMENT REVIEW, ANYTHING LIKE THAT.

THAT IS MY BEST ATTEMPT AT HOW WE WOULD BE ABLE TO ACCOMMODATE THE REQUIREMENTS FOR THE SITE.

THIS IS FACING FROM THE HOUSE TO THE PROPERTY TO THE NORTH. YOU CAN SEE THE EXISTING DRIVEWAY. THIS IS ALSO T THE NORTH. AND AS YOU LOOK TOWARDS YOU, A LITTLE BIT TOWARDS THE WEST AND YOU CAN SEE EVEN RIGHT NOW THERE'S A SIGNIFICANT AMOUNT OF VEGETATION THERE. THIS SHOWS YOU A RELATIONSHIP I'M STANDING ON THE WEST SIDE OF THE SITE LOOKING BACK, SO IT SHOWS YOU THE CONCRETE PAD WE'RE TALKING ABOUT, THE EXISTING DRIVE, AND THEN THE BUFFER AREA THAT WOULD BE. NOW, THAT DOES HAVE TO BE IMPROVED WITH ADDITIONAL LANDSCAPING IF THIS IS -- ALONG WITH THE CODE CHANGES THAT COME ALONG WITH THE CN ZONING. THIS WOULD BE THE NORTHBOUNDERY. AGAIN THAT SHOWS THAT CONCRETE PAD. A PORTION THAT OF PAD THAT COMES DOWN HERE ACTUALLY SHOWS ON THE SURVEY, THAT WAS A CONNECTION BETWEEN 2 TWO HOUSES SINCE THEY OWN BOTH HOUSES.

THAT CONNECTION WILL COME OUT. SO THAT PORTION OF THE CONCRETE WOULD BE REMOVED.

THIS SHOWS YOU THAT BACK AREA. THERE'S A LITTLE KIND OF KNEE RETAINING WALL TO IT, AND THERE'S THAT CURRENT SIDEWALK ACCESS BEHIND THERE THAT I WAS JUST SHOWING THAT YOU WOULD BE REMOVED. AND THIS IS ON THE OTHER SIDE OF THE HOUSE AND JUST KIND OF SHOWS YOU FACING TOWARDS THEIR OTHER HOME TO THE WEST THE EXTENSIVE VEGETATION THAT'S ALREADY THERE.

AGAIN, THAT DOESN'T MEAN WE DON'T -- THEY'RE NOT GOING TO HAVE TO PROVIDE FOR ADDITIONAL PLANTINGS WITHIN THAT 20-FOOT BUFFER AREA. SO WE GET INTO VARIANCE, AND IT MUST BE CONSISTENT WITH THE REQUIREMENTS FOR GRANTING VARIANCES.

USUALLY READ THROUGH THESE, WE KIND OF READ THROUGH THEM TODAY ALREADY, SO I'LL KIND OF POP ONTO THE NEXT ONE WHERE I'VE KIND OF HIGHLIGHTED THE TWO ITEMS THAT I FEEL MEET THE VARIANCE REQUIREMENTS. THAT WOULD BE THE OTHER EXTRAORDINARY SITUATION OR CONDITION OF THE PIECE OF PROPERTY, AND I'M CAWING THAT THE EXISTING THINGS -- CALLING THAT THE EXISTING THINGS THAT ARE ALREADY ON THE PROPERTY THAT ARE USEFUL, AS WELL AS THE USE AND DEVELOPMENT OF THE PROPERTY IMMEDIATELY ADJOINING IT. AND AGAIN WE HAVE RESIDENTIAL ON TWO SIDES OF THIS. AND WE DO FEEL THIS WOULD CAUSE UNDUE HARDSHIP.

REALLY IN BASING FOR THE SPIRIT OF CODE AND REALLY COULD BE WOULD BE CONTRARY BECAUSE IT'S ESTABLISHED THERE FOR CERTAIN CERTAIN BUFFERING. WE FEEL LIKE WE CAN MEET SOME OF THE REQUIREMENTS TO ELIMINATE THE HARDSHIP HARDSHIP OR TE HARDSHIP.

SO THE EXISTING GARAGE DOES PROVIDE FOR NEEDED STORAGE AND PARNLG.

PARNG. FOR CAR PARKING. THE INCREASE OF THE DRIVEILE WIDTH WOULD HAVE TO MEET THAT WITHOUT HAVING TO JAM THE BARGAIN RIGHT PARKING RIGHT UP TO THE FRONT OF THE BUILDING. THE SETBACKS, EVERYTHING ON THE SITE MEETS THE SETBACKS, AND SETBACKS ARE ESTABLISHED FOR SAFETY REASONS, PRIVACY REASONS, THOSE TYPES OF THINGS AS WELL. IT'S REALLY THE BUFFER THAT HAS CHANGED THIS.

THE CONCRETE PAD THAT WE WERE TALKING ABOUT AND TAPER IS ONLY A PORTION THAT OF BUFFER ALONG THAT NORTH SIDE. AND AGAIN, THE DRIVE AISLE WOULD BE ONLY 3 FEET INTO THAT, AND THOSE ARE ALL HORIZONTAL IMPROVEMENTS. NONE OF THOSE TWO ITEMS ARE VERT VERTICAL, ONLY THE GARAGE IS VERTICAL AND IT EXISTS AS IT DOES.

[01:25:04]

AGAIN IT'S A CONCRETE STRUCTURE, SO IT'S NOT LIKE YOU CAN EASILY MODIFY IT.

AND IT DOESN'T HAVE WINDOWS, AND IT'S ONLY FOR 30 FEET OF THAT WHOLE 155-FOOT BOUNDARY BORDER.

SO THE REMAINING 125 FEET WOULD MEET THE 20 FEET. IT CAN'T BE MOVED.

IT WOULD BE HARD TO REDUCE IN IT SIZE. AND AGAIN, IT ACTUALLY WILL PROVIDE A BUFFER FOR NOISE AND THOSE TYPES OF THINGS FOR ANYTHING BECAUSE IT WOULD BE A STRUCTURE IN BETWEEN THAT AND THE PARKING AREA. THE CONCRETE PAD EXISTS, AND AGAIN THAT WOULD BE HELPFUL TO HAVE FOR THE TURNAROUND FOR PEOPLE TO BACK IN TO TURN AROUND TO LEAVE THE SITE. AND WE DO NEED SEVEN SPACES. THERE CERTAINLY WOULD BE OTHER WAYS TO ACCOMMODATE THE SEVEN SPACES. THIS IS THE LEAST INTRUCETIVE AND WE FELT TO THE -- INTRUSIVE TO THE NEIGHBORS AS WELL. WE ALSO FEEL THAT WE CAN MEET ALL THE SCREENING STANDARDS FOR THE BUFFERS. WE JUST CAN'T MEET THE DISTANCE REQUIRED FOR IT. SECOND, IT'S NOT BASED ON THE DESIRE TO REDUCE THE COST.

THE COST FOR DEVELOPING THE SITE ARE STILL THE SAME, WHETHER WE DO THE VARIANCE OR NOT.

THEY STILL HAVE TO CHANGE THE HOME INTO COMMERCIAL REGULATIONS AND PERMITTING REQUIREMENTS.

THEY I WILL STILL HAVE TO PROVIDE THE BUFFERING AND THE MATERIALS TO BUFFER IT P.

THEY STILL HAVE TO PAVE THE PORTIONS OF PARKING AREA SO IT'S NOT TO REDUCE COST DEVELOPMENT.

THE VARIANCE WON'T SUBSTANTIALLY INCREASE CONGESTION OR POSE ANY KIND OF DANGER OF FIRE OR HAZARD. AGAIN, IT MEETS THE SETBACKS. IT'S A VARIANCE TO THE BUFFER.

IT DOESN'T HAVE ANY RELATIONSHIP TO THE TRAFFIC IN A CN TYPE USE OF THAT ST. PAUL SMALL OF A FACILITY ISN'T GOING TO GENERATE A LOT OF TRAFFIC. IN FACT, PROBABLY A LITTLE BIT LESS THAN YOU WOULD AS A SINGLE FAMILY HOME IF IT HAD A BUNCH OF KIDS.

THE VARIANCE WILL NOT SUBSTANTIALLY DIMINISH PROPERTY VALUES.

WE DON'T FEEL THAT IT WILL IN THIS SITUATION AT ALL. AGAIN, THOSE OTHER STRUCTURES HAVE ALREADY BEEN THERE. MOST OF THE THINGS THAT WE'RE TALKING ABOUT ARE HORIZONTAL IMPROVEMENTS. AND IT REALLY SHOULDN'T ALTER THE -- THERE'S A LOT OF THESE KIND OF BUSINESS TYPE AREAS WHERE THEY ARE HOME BUSINESSES AND THINGS ALONG IN HERE.

THE EFFECT OF THE VARIANCE IS IN HARMONY WITH THE INTENT OF THE CODE.

AND WE DO FEEL IT IS, AND IT'S FOR REALLY KIND OF A MINOR DEVIATION TO THE CODE.

SO AGAIN WE FEEL LIKE IT MEETS IT FOR THE OTHER EXTRAORDINARY SITUATION BECAUSE IT'S A DEVELOPED PROPERTY, THE IMPROVEMENTS ARE THERE, AND THEY DO HELP WITH THE FUNCTIONALITY OF THE PROPERTY. THE USE OR DEVELOPMENT OF THE PROPERTY IMMEDIATELY ADJOINING THE PROPERTIES ARE RESIDENTIALLY ZONED, AND THE COMMERCIAL DESIGNATION OF COURSE TRIGGERS THIS ADDITIONAL BUFFERING. AND THEY'VE BEEN THERE FOR A LONG TIME.

THEY HAVEN'T OBVIOUSLY, BURT AND KATHY DON'T HAVE ANY OBJECTION, AND WE TALKED TO THE GENTLEMAN THAT OWNS THE PROPERTY TO THE NORTH BEFORE WE EVEN STARTED. HE DIDN'T HAVE ANY OBJECTIONS TO THIS AS WELL. SO WE DO NOT FEEL LIKE -- WE DO FEEL THAT THERE IS A HARDSHIP, AND THE HARDSHIP OF THE LOSS OF SOME SIGNIFICANT IMPROVEMENTS THAT CAN BE BENEFICIAL.

SO I'LL GO BACK, AND WE CAN SUM UP FOR THE REZONING FIRST. AND AGAIN, I WON'T GO THROUGH THIS ALL AGAIN, BUT WE DO FEEL LIKE THE CN ZONING IS CONSISTENT WITH THE AREA.

AND WOULD YOU LIKE TO TAKE -- I'LL TAKE QUESTIONS ON EITHER ONE.

>> GO AHEAD AND COVER THEM BOTH. WE'LL TAKE QUESTIONS ON BOTH. >> I PRETTY MUCH HAVE.

I'VE GOT A SUMMARY SHEET HERE, BUT I THINK I'VE PROBABLY SPOKEN ENOUGH.

SO THIS 1ST QUESTIONS, I CAN GO BACK. ANYWAY, WE WOULD LIKE TO REQUEST THE APPROVAL OF THE REZONING, AND THAT IS FROM OR TO COMMERCIAL NEIGHBORHOOD FOR THE REASONS THAT I'VE STATED. WE DO, WE WOULD LIKE APPROVAL OF THE VARIANCE, AND YOURS WOULD BE A RECOMMENDATION TO THE ZONING. WE ARE REQUESTING THE VARIANCE. WE DOFIELD IT MEETS THE CRITERIA. AGAIN, SUMMARY IS THE GARAGE WOULD ENCROACH 3.8 FEET INTO THE 20-FOOT BUSTER FOR 30 FEET. THIS WOULD BE FOR THE CONCRETE PAD THAT WOULD ENCROACH AT ANY

[01:30:03]

>> LET ME SEE. WITH THE AGENCY'S PERMISSION, I'LL SEEK SPEAKER CARDS OR COMMENTS BY TELECOMMUNICATIONS, AND THEN WE WILL GO TO QUESTIONS AND COMMENTS ON THE PART OF THE

AGENCY MEMBERS. DO WE HAVE ANY? >> NO SPEAKER CARDS.

>> DO WE HAVE ANY TELECOMMUNICATIONS? >> NO PUBLIC COMMENTS AT THIS

TIME. >> THANK YOU. LET'S SEE.

FOR THE AGENCY NOW LET US DEAL FIRST WITH QUESTIONS AND COMMENTS, AND AT THE CONE COLLUSION OF THAT I'LL ASK FOR A MOTION. AND I'LL GO DOWN THE ROLL.

MR. MATOVINA. >> I DO HAVE A COUPLE OF QUESTIONS THAT MAY BE DIRECTED MORE TOWARDS STAFF THAN THE APPLICANT. ONE OF THEM IS WHAT HAPPENS IF WE APPROVE THE REZONING AND YOU NOW HAVE THIS NON-CONFORMING CONDITION AND WE DO NOT APPROVE

THE VARIANCE? >> MR. CHAIR, MIKE ROBERTSON, GROWTH MANAGEMENT, MR. MATOVINA, THEY WOULD -- IF THE VARIANCE IS NOT APPROVED, THEY WOULD HAVE TO CONFORM THAT STRUCTURE OR ALL STRUCTURES THAT ARE IN NON-CONFORMING, BASICALLY, GET IT INTO COMPLIANCE.

>> AND SO MY SECOND QUESTION IS THE ZONING DOESN'T BECOME EFFECTIVE, WHICH MEANS THE BUFFER REQUIREMENT DOESN'T BECOME EFFECTIVE UNTIL THE BOARD MEETS, SO HOW DO WE VOTE ON A VARIANCE ON A REGULATION THAT DOESN'T EVEN APPLY TO THIS PROPERTY TODAY?

HOW DO WE VOTE ON THAT TODAY? >> MR. MATOVINA, I THINK WHAT THE BOARD CAN COULD -- I'VE BEEN THINKING THIS THROUGH AS THE PRESENTATION HAS BEEN MADE -- I THINK YOU COULD MAKE THE

VARIANCE CONTINGENT UPON APPROVAL OF THE REZONING. >> THAT'S ALL THE QUESTIONS I

HAVE, MR. CHAIRMAN. >> THANK YOU. MR. ALAIMO.

>> NO QUESTIONS AT THIS TIME, MR. CHAIRMAN. >> MS. PERKINS.

>> NO QUESTIONS. >> LET'S SEE. I HAVE A COUPLE OF QUESTIONS, AND I'M GOING TO NEED A LITTLE BIT OF HELP. THEY'RE NOT THAT COMPLICATED, IT'S JUST THAT I WANT TO AVOID GETTING TONGUE-TIED. IF WE DON'T APPROVE THIS, WHAT'S

THE ALTERNATIVE? A BULLDOZER? >> FOR THE GARAGE?

YES. >> AND WERE THEY IN COMPLIANCE WHEN THIS WAS BUILT?

>> YES, BECAUSE THE REQUIREMENT FOR THE RESIDENTIAL HAD A SMALLER SIDE YARD SETBACK, AND IT DIDN'T -- IT DOESN'T REQUIRE THE -- I'M SORRY. IT ACTUALLY HAD A LARGER SETBACK. I GOT THAT WRONG. IT WOULD HAVE BEEN AN 8-FOOT SET SETBACK, 8 OR 10-FOOT SETBACK, BUT THE DIFFERENCE IS THIS IS A BUFFER AND WHEN YOU'RE RESIDENTIAL TO RESIDENTIAL, YOU HAVE NO BUFFER PERIMETERS SO, YES, IT WAS IN CONFORMS ANSWER, EVERYTHING ON THE SITE WAS IN CONFORMANCE WITH THE ZONING THAT IT HAS.

>> AND YOU'VE TALKED WITH THE NEIGHBORS, AND THEY HAVE NO OBJECTION?

>> YES, THE NEIGHBOR TO THE NORTH IS A GENTLEMAN, I'VE TALKED TO HIM.

THEY ARE THEIR OWN NEIGHBOR TO THE WEST, SO THEY OWN THE HOUSE THAT IS BEHIND THEM.

SO THEY UNDERSTAND THE CONSEQUENCES OF THAT. SO IF YOU KIND OF LOOK AT THIS, DEFINITELY DIRECTLY TALKED TO THIS GENTLEMAN BEFORE WE EVEN STARTED.

ANYWAY, THEY GOT IT. THANK YOU, PETER. AND THEN THE HOUSE TO THE WEST IS ALSO THEIR HOUSE, AND AGAIN YOU CAN KIND OF SEE THAT LITTLE DRIVE THAT GOES BETWEEN THEM

[01:35:04]

THAT WE WERE TALKING ABOUT REMOVING. >> YES.

ONE MORE QUESTION. DO YOUR CLIENTS ANTICIPATE A CHANGE TO THE USE OR CHANGE TO

THESE BUILDINGS? >> THE HOUSE WILL JUST HAVE TO BE BROUGHT UP TO COMMERCIAL STANDARDS. THAT HAS TO DO WITH FIRE RETARDANTS, IT HAS TO DO WITH HAVING HANDICAP RESTROOMS. IT HAS TO DO WITH ALL OF THE DIFFERENT THINGS THAT ARE REQUIRED WITH IT. THE GARAGE ITSELF, THEY WOULD LEAVE LIKE IT IS IF THE VARIANCE IS GRANTED. IF THE VARIANCE IS NOT GRANTED, THEN THEY WOULD HAVE TO REMOVE

IT. >> THANK YOU. >> SO IT'S THE THREE FEET END ENCROACHES. THE AREA FOR THAT CONCRETE PAD THAT ALSO IS OVER IN HERE, THAT WOULD ALSO HAVE TO BE REMOVED. AND THEN WE'D HAVE TO FIGURE OUT A DIFFERENT DESIGN FOR THE

LAYOUT FOR THE SITE. >> THANK YOU. I HAVE NO MORE QUESTIONS.

LET'S SEE. DR. HILSENBECK. >> I HAVE NO QUESTIONS OR

COMMENTS. THANK YOU. >> DR. MCCORMICK.

>> . DR. MCCORMICK. >> I'M SORRY.

I WAS MUTED. GOT A LOT OF LIGHTNING AROUND HERE.

ANYWAY, NO -- JUST EX PARTE BECAUSE I DID GO OUT AND LOOK AT THE PROPERTY, BUT I HAVE NO

QUESTIONS OR COMMENTS. >> I HAVE ONE ADDITIONAL QUESTION FOR PLANNING.

DO YOU SEE ANY DELETERIOUS EFFECTS OR LIKELY EFFECTS OF THIS CHANGE?

>> MIKE ROBERTSON. IF WE DID, WE WOULD HAVE PUT ANYTHING THAT WE HAD IN THE

STAFF REPORT, SO -- >> THANK YOU. ALL RIGHT.

WE'RE IN AGENCY. AND I'M LOOKING FOR A MOTION ONE WAY OR THE OTHER.

>> MR. CHAIR, IF I MAY, MR. KELLY VERY HELPFULLY REMINDED ME, REFRESHED MY ESTEEMED MEMORY OF THERE IS A PROVISION IN THE CODE THAT GOES TO I THINK ARE IN MR. MATOV, FOLLOWS THE SAME LINE OF ADVICE. IT IS CONCURRENT APPLICATIONS, AND THIS IS IN YOUR ARTICLE 9, AN APPLICATION FOR THE REZONING OF LAND SPECIAL USE PERMIT FOR VARIANCE ON ALL OR PART OF THE SAME LAND MAY BE MADE CONCURRENTLY, AND THAT IS WHAT'S HAPPENING HERE.

P. IN SUCH CASE AS THE EFFECTIVE DATE OF THE SPECIAL USE PERMIT AND/OR VARIANCE -- IN THIS CASE THE VARIANCE -- SHALL BE HELD IN ABEYANCE UNTIL THE ACTION HAS BEEN TAKEN BY THE BOARD OF COUNTY COMMISSIONERS ON THE APPLICATION OF THE REZONING OF SUCH LAND.

SO THAT CODE LANGUAGE I THINK GOES TO THE POINT MR. MATOVINA WAS MAKING.

THANK YOU. >> THANK YOU. >> MR. CHAIRMAN, CAN I MAKE A COMMENT BEFORE WE GO INTO THE MOTION? IN?

>> CERTAINLY. >> I'M STRUNG U. STRUGGLING AND PERHAPS EVEN THE APPLICANT'S ADDITIONAL COMMENT ON THIS, BUT FOR THE BOARD MEMBERS, I HAVE NO ISSUE WITH THE REZONING, AND I R THEM TO HAVE TO TEAR THE GARAGE DOWN, AND JETTY FEEL LIKE THE GARAGE IS, THE VARIANCE IS KIND OF A SELF-IMPOSED VARIANCE. I DON'T SEE IT MEETING THE HARD HIGH PRESSURE IS CRITERIA, SO

I'M KIND OF BE26 AND BETWEEN. >> MAY I ADDRESS THAT? >> YES, YOU MAY.

>> IT WOULD BE A SELF-IMPOSED HARDSHIP. IF IT WAS KATHY AND BURT THAT WERE GOING TO DO THIS IN THIS CASE, IT'S AN EXISTING TYPE THING, SO CHAPMAN IS THE ONE THAT'S GOING TO BE DEALING WITH IT, NOT THEM. CINDY CHAP.

MAN SO I THOUGHT ABOUT THAT. YOU KNOW ME. I'M TRYING TO FIGURE OUT HOW TO RELATE TO THIS. AND SO I DO NOT FEEL LIKE IT'S SOMETHING THAT WAS CREATED LIKE ON PURPOSE. IT'S NOT LIKE THE ONE YOU JUST HEARD WHERE SOMEBOY BUILT A FENCE AND HE BUILT IT HIGHER THAN WHAT YOU ARE SUPPOSED TO. THIS IS SOMETHING THAT EXISTS, THAT'S THERE, IT'S VERY FUNCTIONAL, IT WORKS WITH THE SITE, IT MEETS THE SETBACKS, WHICH I FEEL LIKE ARE THE SAFETY ISSUES, AND FOR THE BUFFER I THINK EASILY THEY CAN MAKE ALL THE PLANTINGS, ALL THE FENCING THAT CAN BE REQUIRED ON THAT NORTH SIDE AND THAT WEST SIDE TO MEET ALL THE SCREENING. IT'S JUST THAT DISTANCE THAT THEY CAN'T MEET.

SO I FEEL LIKE THAT DOES CREATE A HARDSHIP, AND SO THAT'S WHERE I'VE COME WITH, WITH THAT.

>> ANY OTHER COMMENT? >> I WOULD COMMENT, BUT I DISAGREE.

I THINK WHAT WE JUST HEARD IS REASONS WHY IT COULD BE APPROVED AS A PUD.

[01:40:04]

AND I PROBABLY WOULD VOTE FOR IT. >> HELLO.

>> I STILL DON'T SEE THE HARDSHIP, UNFORTUNATELY. >> HELLO?

>> I WOULD STILL HAVE TO HAVE A VARIANCE AND A PUD. >> HELLO?

>> I UNDERSTAND THAT. >> IT'S CALLED A WAIVER. BUT IT'S THE SAME.

IT IS THE SAME THING. >> PLEASE MAKE SURE YOU ADDRESS THE BOARD.

>> I'M SORRY. ANYWAY, JUST AS A RESPONSE, PUDS ALSO -- IT IS THE USE.

IT IS NOT THE ZONING THAT CREATES THE 20-FOOT BUFFER. SO A PUD WOULD HAVE A VARIANCE, WOULD HAVE A WAIVER IN ORDER TO ENCROACH ON THAT, SO THE ZONING WOULDN'T MAKE ANY DIFFERENCE.

>> I WOULD DISAGREE WITH YOU AGAIN BECAUSE A WAIVER DOESN'T REQUIRE A HARDSHIP, PROVING A

HARDSHIP, AS I UNDERSTAND IT. >> MR. MATOVINA'S CORRECT ABOUT THAT.

>> THANK YOU. THANK YOU ALL. ARE THERE ANY OTHER QUESTIONS OR COMMENTS ON THE PART OF AGENCY MEMBERS? I TAKE THAT AS A NO.

I WILL ASK FOR A MOTION AT THIS TIME FROM AN AGENCY MEMBER. >> THIS WOULD BE ON ITEM 6.

>> MR. CHAIR, I'LL MAKE A MOTION -- >> YES, WE'VE A GLEED TO DO ITEM

6 FIRST. GO AHEAD. >> SORRY.

I'LL MAKE A MOTION TO RECOMMEND APPROVAL OF REZ 2020-12 2695 DOBBS ROAD, REZONING, REQUEST TO REZONE APPROXIMATELY .51 ACRES OF HAND FROM OPEN RURAL TO COMMERCIAL NEIGHBORHOOD BASED ON

FOUR FINDINGS OF FACT AS PROVIDED IN THE STAFF REPORT. >> A SECOND?

>> I'LL SECOND. >> THANK YOU. WE HAVE A MOTION AND A SECOND ON ITEM 6. I WILL ASK FOR A ROLL CALL VOTE NOW STARTING WITH MR. MATOVINA.

>> YES. >> MR. ALAIMO. >> YES.

>> MS. PERKINS. >> YES. >> ARCHIE WAINRIGHT VOTES YES.

VERY HILSENBECK. >> YES. >> DR. MCCORMICK.

>> YES. >> THAT MOTION, THAT ITEM IS APPROVED UNANIMOUSLY.

ITEM, THE SEC ITEM IS ITEM NUMBER 5. I'LL ACCEPT A MOTION OR ASK FOR

A MOTION. GOING ONCE. >> MR. CHAIR, I'LL MAKE A MOTION IF NOBODY ELSE WANTS TO. DOES ANYBODY ELSE WANT TO MAKE A MOTION?

>> I'LL MAKE A MOTION. >> MS. PERKINS, GO AHEAD. >> MOTION TO APPROVE ZONING VARIANCE 2020-15 2695 DOBBS ROAD VARIANCE, FIVE FINDINGS FACT SUBJECT TO SEVEN RECOMMENDATIONS

PROVIDED IN THE STAFF REPORT. >> THANK YOU. IS THERE A SECOND?

>> I'LL SECOND. >> I HAVE A MOTION AND A SECOND. I WILL GO DOWN THE ROLL.

MR. MATOVINA. >> NO. >> MR. ALAIMO.

>> YES. >> MS. PERKINS. >> YES.

>> I VOTE, ARCHIE WAINRIGHT VOTES YES. DR. HILSENBECK.

>> YES. >> DR. MCCORMICK. >> YES.

>> THAT IS A VOTE 5-1 IN FAVOR OF THE MOTION. MOTION PASSES.

THANK YOU. >> THANK YOU VERY MUCH. >> NOW LET ME SEE HERE.

THAT CONCLUDES THE ITEM AGENDA. ARE THERE STAFF REPORTS? >> NOTHING TO ANSWER.

THANKS. >> THANK YOU. AGENCY REPORTS? NO. I CALL THIS MEETING ADJOURNED. THANK YOU, EVERYONE.

* This transcript was compiled from uncorrected Closed Captioning.