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[CALL TO ORDER]

[00:00:10]

ORDER OF THE CLAY COUNTY BOARD OF ADJUSTMENT FOR THURSDAY,

[APPROVAL OF MINUTES]

APRIL 28, 2022. IT IS 6:00.

THE FIRST ITEM WE HAVE IS THE APPROVAL OF OUR MINUTES FROM THE LAST MEETING OF MARCH 24TH, 2022.

DO I HAVE ANY QUESTIONS, REVISIONS OR COMMENTS ON THE

MEETING NOTES? >> BOARD MEMBER: I WILL VOTE

FOR APPROVAL. >> I HAVE A MOTION AND A SECOND FOR SAID MINUTES. ALL THOSE APPROVE SITE AYE.

THE NEXT IS ANYONE HERE IN THE PUBLIC AND SPEAK ABOUT ANYTHING THEY WANT TO INCLUDING THE UPCOMING NFL DRAFT.

[LAUGHTER] SO I WILL OPEN IT UP.

[1.  Public Hearing to Consider Application BOA 21-25. Variance to Required Minimum Lot Width in RB Zoning District.]

ANYONE HERE CAN SAY WHATEVER THEY WANT.

SEEING NO ONE I WILL CLOSE IT AND COME BACK TO THE BOARD.

OUR FIRST PUBLIC HEARING IS BOH ? 21 ? 25.

>> SPEAKER: THIS IS AN APPLICATION BY I APOLOGIZE IF I DON'T GET THE LAST NAME RIGHT. THE PARCEL IS LOCATED AT SOUTH DRIVE AND IT IS VACANT THERE IS NO ADDRESS.

THE ZONING IS RV SINGLE-FAMILY AND FUTURE LAND USE IS URBAN CORE 10. THE QUESTION IS TO REDUCE THE VARIANCE LOT WITH THE BUILDING LINE FROM 60 FEET TO 50.1 FEET.

HERE IS AN AERIAL SHOWING THE PARCEL.

A LITTLE BACKGROUND. AS I INDICATED THE PARCEL IS LOCATED IN THE RV ZONING DISTRICT.

RB ZONING DISTRICT REQUIRES A MINIMUM 60 FOOT WIDTH AT THE BUILDING LINE. THE SUBJECT PARCEL IS LOT 54 THE SOUTHHAMPTON UNIT ONE SUBDIVISION WHICH WAS APPROVED BY PLAT IN 1999. AS PLATTED THE PARCEL THE SUBJECT PARCEL IS 50 POINT ONE I JUST TYPED THAT NUMBER IT IS 51.1 FEET WIDE AT THE BUILDING LINE.

WHICH DOES NOT MEET THE MINIMUM REQUIREMENT IN THE R&B ZONING DISTRICT. AS PART OF THE REQUEST AND THE APPLICATION, THE APPLICANT DID INCLUDE A SITE PLAN WHICH SHOWS THAT THE DESIRED RESIDENTIAL UNIT THAT IS PROPOSED ON THE SITE CAN NEED THE REQUIRED SETBACK EVEN THOUGH IT IS A PARTIAL 51.1 FEET IN WIDTH. THE STAFF FINDS THAT THE REQUEST TO REDUCE THE MINIMUM LOT WITH IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE HOWEVER THE DENIAL OF THE VARIANCE WOULD PLACE AN UNDUE HARDSHIP ON THE APPLICANT BY MAKING THE PARCEL AND BUILDABLE.

THE STAFF DOES RECOMMEND APPROVAL OF THIS VARIANT.

AS ALWAYS, I WILL GO OVER THE SIX CRITERIA TO MEASURE A VARIANCE AGAINST. THE LOT WAS PLATTED IN 1999 AT 51.1 FEET. ALL OTHER PARCELS ARE REQUIRED TO MEET THE 51.1 FEET AT THE BUILDING LINE.

THE CIRCUMSTANCES IN THIS CASE ARE THE RESULT OF THE RECORDED PLAT FOR THE SOUTHHAMPTON UNIT ONE SUBDIVISION AND IS NOT A RESULT OF THE ACTIONS FROM THE APPLICANT.

THE REQUEST FOR THE VARIANCE WILL CONFIRM THE APPLICANT A SPECIAL PRIVILEGE BY ALLOWING DEVELOPMENT OF THE SITE AT 50.1 THAT IS ONLY 51 POINT ONE FEET WIDE.

THE LITTLE INTERPRETATION OF THE CODE WOULD PROHIBIT THE USE OF A PARCEL BECAUSE IT DOES NOT REQUIRED WITH WORTHY RB ZONING DISTRICT.HE REQUESTED VARIANCE IS THE MINIMUM REQUIRED TO MAKE PARTIAL THE BENEFIT USE OF THE PARTIAL AND I INDICATED IT WAS PLATTED AT 51.1 FEET AND THERE IS NO ABILITY TO WIDEN THE PARCEL TO MEET WITH THE REQUIREMENTS OF THE ZONING DISTRICT. GRANTING THE VARIANCE WILL NOT BE INTEREST TO THE AREA OR DETRIMENTAL TO THE PUBLIC AFFAIR. THE APPLICANT AS I INDICATED EARLIER INCLUDED A SITE PLAN WHICH SHOWS THAT THE REQUIRED SETBACKS CAN BE MET WHILE DEVELOPING THE PARCEL WITH THE

[00:05:03]

SINGLE-FAMILY RESIDENCE. DO YOU HAVE ANY QUESTIONS OF

STAFF? >> BOARD MEMBER: GO AHEAD.

>> BOARD MEMBER: I WAS GOING TO ASK DID THE LOT WITH REQUIREMENT CHANGE AFTER THE PLANNING WAS DONE? OR WAS THAT NOT CAUGHT DURING THAT PROCESS?

>> SPEAKER: THE LOT WITH WAS IN PLACE AT 60 FOOT WHEN THAT PLAT WENT THROUGH AND IT WAS APPROVED THAT WAY.

>> BOARD MEMBER: OKAY, I THINK IT WAS A MISTAKE THE DESIGN ENGINEER OR SURVEYOR, COUNTY, WHATEVER.

THE ADJACENT LOT IS AN EXPANDED LOT AND I DON'T KNOW IF IT GOT EXPANDED BECAUSE OF THAT I DON'T KNOW BUT I HAVE BEEN KNOWING ABOUT THE ISSUE WITH THE SLOT FOR A LONG TIME BECAUSE IT WAS A CATCH 22. MIKE, DID ANYBODY AT A STAFF LEVEL LOOK TO SEE INSTEAD OF THE 25 FOOT, HOW FAR BACK WITH THE HOUSE HAVE TO BE PLACED TO MAKE IT MEET THE 60? DO YOU KNOW? IT IS NOT A REAL SEVERE PIE YOU KNOW? WE WOULD HAVE TO GO BACK ANOTHER 25 FEET TO PICK UP NINE MORE FEET.

>> I THINK AND I DIDN'T LOOK AT THAT THAT I THINK IT WOULD BE PRETTY DIFFICULT. YOU STILL HAVE THE REAR SETBACKS THAT YOU HAVE TO DEAL WITH, ALSO.

>> BOARD MEMBER: I KNOW THE SIGNS WERE GNS WERE POSTED BUT DID ANY OF THE ADJOINING NEIGHBORS OR ANYONE COMPLAIN?

>> SPEAKER: THE STAFF HAS NOT HEARD ANYTHING.

HERE SOME PEOPLE WHO WANT TO TALK ABOUT IT.

>> BOARD MEMBER: I SEE A HANDBAG THERE.

THE OTHER QUESTIONS? IF THE APPLICANT WILL COME FORWARD TO THE MICROPHONE THERE AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE, SIR.

>> SPEAKER: I AM HERE FOR SOUTHHAMPTON DRIVE.

>> BOARD MEMBER: OBVIOUSLY BOUGHT THE LOT AND YOU REALIZE

IT DOESN'T MEET THE STANDARDS? >> SPEAKER: I AM THE NEW OWNER IN MY BUSINESS I DO ALL OF THE REMODELING AND I WAS TRYING TO BUILD MY HOUSE LIKE I SEE EVERYONE BUILDING THE HOUSE AND I THINK FOR MYSELF WHY DON'T I DO THAT? BECAUSE IN MY COUNTRY I BUILT MY HOUSE OF MY DATA LONG TIME AGO IN ITALY. THE RIGHT KNOW WHEN I BOUGHT THAT LOT I ASKED THE REAL ESTATE AND TITLE COMPANY AND EVERYBODY SAID THIS IS GOOD LAND.

BECAUSE I DIDN'T KNOW ANYTHING YET THIS WAS A FIRST TIME FOR ME AND EVERYBODY SAYS THIS IS GOOD LAND HAS GOOD VALUE AND I KNOW THE BUILDERS OVER HERE, I KNOW THE COMPANY WHO BUILT THE FRAMING AND THEY GAVE ME A GOOD PRICE FOR THAT.

I TALKED TO MY BUILDERS TO PSTART TO BUILD THE HOUSE THEY SAID YOU CAN'T BUILD THERE AND ASKED WHY.

AND THEY SAID BECAUSE THE LAND IS TOO SHORT YOU CAN'T DO THE HOUSE OVER THERE AND I ASKED THE TITLE COMPANY AND EVERYONE SAID IT WAS GOOD. IT DOESN'T HAVE ANY PROBLEM BECAUSE WHEN I BOUGHT THE LAND THE REAL ESTATE IS GOING TO SAY TO ME OR THE TITLE COMPANY IS GOING TO SAY THIS LAND HAS PROBLEM BECAUSE WHEN I BUY THE LAND I PAID DIRECTLY TO THE TITLE COMPANY AND THEY SAID IF THE LAND HAS A PROBLEM I'M GOING TO TELL YOU. YOU KNOW? NOBODY TOLD ME THAT AND NOW I AM STUCK.

I TALKED TO THE LAWYER FOR MY LANDS BECAUSE IT IS $43,000 I PAID CASH FOR THE FETID DIRECT THE AND NOBODY ANSWERS FOR THE MONEY. THEY SAY IF YOU DON'T FEEL THAT THIS IS YOUR PROBLEM BUT NOW, IF THIS IS MY PROBLEM WHERE DO WE FIND MY MONEY? BECAUSE I PAID THE TITLE COMPANY HAVE EVERYTHING IN PAPER TO REAL ESTATE INTO MY TITLE COMPANY IN MY TITLE COMPANY DOES NOT EVEN EMAIL THEY WILL JUST SAY I'M GOOD TO GO.

HOW AM I GOOD TO GO? I CAN'T BUILD MY HOUSE? WHO IS RESPONSIBLE FOR MY MONEY? I TELL THEM MY MONEY GOES THIS WAY BECAUSE THE BANK TRANSFER AND THEY WILL SAY I DON'T KNOW ABOUT THAT WE SAW THAT EVERYTHING WAS FINE SO, HOW DO WE MAKE THIS RIGHT BECAUSE I CAN'T BUILD. EVERYBODY SAID YES BUT I AM HERE BECAUSE HIM GOING TO ASK IF YOU CAN GIVE ME THE GREEN TO WILL THE HOUSE. NOW I HAVE TO PLAN I TALKED TO MY BUILDERS AND THEY SAY WHEN YOU GO OVER THERE YOU CAN SAY YOU CAN GO BACK TO YOUR HOUSE BECAUSE THE LAND IS LIKE THIS AND YOU CAN CLOSE THE HOUSE. THEY GAVE ME THE PLAN FOR THE HOUSE AND I'M NOT GOING TO DO ANY BEDROOMS ON THE FIRST FLOOR

[00:10:02]

YOU KNOW? NOW I DON'T KNOW BECAUSE THIS IS A FIRST TIME FOR ME. I WAS TRYING TO WILL MY HOUSE AND WHY WOULD I PAY RENT? THE ONLY PROBLEM IS I DON'T TALK VERY GOOD I ONLY HAVE FIVE YEARS IN AMERICA.

YOU KNOW? WAS TRYING TO BUILD A HOUSE BUT RIGHT NOW FOR THE FIRST TIME I'M STUCK. BUT, WHEN I WAS OVER HERE TO PULL THE PERMIT WITH THE BUILDERS THEY SAID OH YOU NEED TO ASK BEFORE YOU BUY THE HOUSE AND I DIDN'T KNOW THAT.

YOU KNOW? AND NOW I KNOW THAT AND THEY SAY YOU HAVE TO CALL EVERY TIME YOU ZONE TO SEE IF YOU HAVE PROBLEMS A LIEN OR SOMETHING. I DIDN'T KNOW ANYTHING ABOUT THAT BECAUSE I WAS THINKING I'M IN AMERICA AND THERE'S NO PROBLEM BECAUSE IF I HAVE A PROBLEM IT'S GOING TO STAY RIGHT. BUT NOW THIS HAPPENED FOR THE

FIRST TIME. >> BOARD MEMBER: SURE.

THANK YOU. >> BOARD MEMBER: CAN WE SHOW THE HOUSE PLAN CAN WE GO THROUGH THE LOW BIT?

>> BOARD MEMBER: THE SITE PLAN? >> SPEAKER: AGAIN, THE SETBACK THE SIDE SETBACK WHICH ARE THE KEY IN THIS POINT THAT STAFFS MIND BECAUSE THE LOT IS NARROWER THAN THE ZONING DISTRICT REQUIRES. THIS SHOWS THAT THE PLAN FOR THE HOUSE WHICH IS 35 FEET WIDE CAN YOU SITUATE DILLEY SITUATED TO MEET THE 7 AND A HALF SIDE SET REQUIREMENTS FOR THE RV ZONING DISTRICT. THE SETBACK IS 25 FEET AND THAT'S WHERE WE MEASURE THE 60 FOOT WIDTH.

>> THIS IS WHERE THIS ONE IS COMING IN AT 51.1.

>> SPEAKER: THAT'S RIGHT. SO, I DON'T KNOW IF THERE'S OTHER INFORMATION YOU NEED OR YOU NEED OR DESIRE.

>> BOARD MEMBER: A QUESTION FOR YOU, YOU MENTIONED SOMETHING ABOUT DIFFERENT HOUSEPLANTS? IF WE WERE TO APPROVE THIS WE DON'T NEED TO GET INVOLVED IN ANY PARTICULAR SET OF HOUSEPLANTS WE WOULD JUST BE APPROVING THE REDUCTION OR THE

LOT WIDTH. >> SPEAKER: EVEN IF YOU PUSH IT BACK ANOTHER 25 FEET IF IT STOOD BACK ANOTHER 25 FEET AND IF IT STILL MET THE REAR IT IS STILL, AT THAT POINT IT MIGHT NOT BE 60 FEET WIDE AND FOR SOME REASON THAT LOT WAS JUST PLATTED TO NARROW AND IT MADE IT THROUGH ALL THE REVIEWS AND

THAT KIND OF STUFF YOU KNOW? >> BOARD MEMBER: IT LOOKS LIKE WHERE THE SALES TRAILER WOULD'VE BEEN.

AS THEY WALKED WAKE ON THERE THEY PROBABLY NEVER INTENDED TO

PUT A HOUSE ON IT. >> BOARD MEMBER: THEY MIGHT NOT HAD. THERE IS A PARKING PAD THERE.

>> BOARD MEMBER: IT IS OLD IT DOESN'T LOOK NEW.

>> BOARD MEMBER: THERE PROBABLY WAS A TRAILER THERE BUT THROUGH THE YEARS I DON'T KNOW THE ORIGINAL BODIES THAT DESIGNED IT TO SAY IF IT WASN'T GOING TO BE A LOT WHY WAS IT CONVEYED TO THE HOMEOWNERS ASSOCIATION A LITTLE PARK OR SOMETHING LIKE THAT? A COMMUNITY PARK OR WHATEVER? I CHECKED THE PROPERTY RECORDS AND I WANT TO SAY IT WAS MARANDA HOLMES OR SOMETHING BUT IT MIGHT NOT BE.

THERE ARE STILL SEVERAL TIMES BEFORE IT GOT HERE.

THIS IS THE FIRST TIME THAT ACTUALLY BUILT ON IT.

>> BOARD MEMBER: RIGHT NOW THAT SECTION OF THE PLAT IS PARTIAL 94 AND IT WAS NOT DESIGNATED FOR ANYTHING SPECIAL LIKE LOT TIMES. PLOTS WILL DESIGNATE CERTAIN PARCELS FOR RECREATIONAL OR OPEN SPACE OR PARK AREA.

IT HAS NO SPECIAL DESIGNATION ON THE PLAT.

>> BOARD MEMBER: IT WAS SHOWN AS A LOT.

THE PROPOSED HOUSE DOES IT MEET THE SIDE TO SIDE SETBACK REQUIREMENTS? IF THIS HOUSE IS 10 FEET WIDE IT DOESN'T MEET THE REQUIREMENTS?

>> SPEAKER: HE CAN MEET THE SETBACK REQUIREMENTS.

[00:15:01]

>> BOARD MEMBER: HE IS MEETING THE SETBACK THE ONLY PROBLEM IS THAT THIS HOUSE EVEN IF IT WAS 15 FEET WIDE IT DOESN'T MEAN

IT? >> SPEAKER: YES, IT'S THE PARCELS HOUSE THAT'S THE ISSUE. THE PARCELS STILL DO NOT MEET THE 25 FEET BACK FROM THE FRONT.

AND THAT IS WHAT HE IS ASKING FOR.

>> SPEAKER: DO I HAVE ANY MORE QUESTIONS?

>> BOARD MEMBER: SIR, IF YOU WOULD HAVE A SEAT THERE ARE COUPLE JENNA MEN WHO WOULD LIKE TO SPEAK AND WE WILL BRING THEM UP AND LISTEN TO THEM. YOU VERY MUCH.

IF YOU WOULD COME ON UP SIR OR SERVERS AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> SPEAKER: DION JAMES ADDRESS IS 7777.MEN DRIVE FLORIDA.

>> SPEAKER: KEITH MONEY.

>> BOARD MEMBER: DO YOU STATE THAT ALL THAT YOU SAY IS THE

TRUTH SO HELP YOU GOD? >> SPEAKER: YES SIR.

THIS IS A DEEPLY RESTRICTIVE COMMUNITY.

I'M SORRY YOU HAD TO GO TO THAT BUT AT THE CLOSING SHOULD HAVE BEEN GIVEN A COPY OF OUR COVENANTS OF RESTRICTIONS.

CLEARLY STATE IN THAT ALL THE INFORMATION.

IF YOU LOOK AT THE PICTURE THAT WAS PUT UP FIRST WITH THE PLOT IT WILL SHOW THAT THE CORNER OF HIS LOT IS ON THE NEIGHBOR'S DRIVEWAY. THAT WOULD ALSO CREATE APROBLEM

FOR THAT NEIGHBOR . >> BOARD MEMBER: MIGHT, DO WE HAVE A COPY OF THE SURVEY? I DON'T KNOW IF THAT GREENLINE

IS NECESSARILY ACCURATE. >> SPEAKER: YES AND DEPENDING ON THE PROBLEM OF THE AERIAL IS THE ANGLE OF THE PICTURE IT DOESN'T NECESSARILY MATCH UP WITH THE UNDERNEATH.

THAT IS THE ISSUE. IF IT DOES THEN THE NEIGHBOR'S DRIVEWAY IS ENCROACHING ON SOMEONE ELSE'S PROPERTY.

>> IS THE OTHER WAY AROUND. >> I UNDERSTAND THAT.

AT THE BEGINNING WHEN IT WAS BUILDING IN THE COMMUNITY THEY INITIALLY WANTED TO BUILD A LOT ON THAT THERE BECAUSE OF THE SIZE OF IT THEY DID NOT. IT DID NOT MEET THE

REQUIREMENTS. >> BOARD MEMBER: YOU WOULD HAVE TO UNDERSTAND THAT THAT DRIVEWAY IS ON HIS PROPERTY IS

NOT THE OTHER WAY AROUND. >> SPEAKER: I UNDERSTAND THAT BUT IF A NEW HOMEOWNER GOES IN THERE OR THE HOMEOWNER GOES IN THERE NOW THAT CREATES A PROBLEM BECAUSE HE'S GOING TO THINK THAT THIS DRIVEWAY HAS BEEN HIS SENSE THE BUILDING OF THE HOUSE EXISTED. NOW WHY IS MY DRIVEWAY ON HIS PROPERTY? THAT'S BESIDES THE POINT.

>> SPEAKER: IF YOU LOOK AT THAT AERIAL THE LINE ON THE RIGHT-HAND SIDE REALLY ALMOST SHOWS THAT THE HOUSE IS.

THAT LINE IS OFF. >> BOARD MEMBER: IT'S ABOUT 7/2 FEET ON HIS PROPERTY AND THERE SHOULD BE 15 FEET FROM BRICK TO

BRICK. >> SPEAKER: THE HOUSE CANNOT OCCUPY OR THAN 30 PERCENT OF THE LOT.

THE HOUSES THAT HE PLANS ON PUTTING ON THEIR WOULD EXCEED THE 30 PERCENT OF THE LOT WHEN SHE DROPPED THE REQUIREMENT

FROM 60 TO 51.1 OR 50.1. >> BOARD MEMBER: THAT WOULD FALL UNDER THE BUILDING DEPARTMENT.

ALL WE ARE HERE FOR AS HE'S LOOKING FOR A VARIANCE O PUT HOUSE ANYTHING BEYOND THAT IS NOT US.

JUST BECAUSE WE SAY HE CAN DOESN'T MEAN HE CAN IF THE

BUILDING DEPARTMENT IS NO. >> BOARD MEMBER: MIKE, DO YOU KNOW HOW MANY SQUARE FEET ARE ON THE GROUND FLOOR THERE IT'S NOT TOTAL SQUARE FOOTAGE IT'S GROUND FOOTAGE.

>> SPEAKER: 800 OR SOMETHING. >> BOARD MEMBER: IT LOOKS

ROUGHLY 30 BY 50? >> BOARD MEMBER: 35 BY 50 OR TAKE A LITTLE BIT OFF ON THE FRONT.

1500 ROUGHLY? >> BOARD MEMBER: HOW BIG IS A LOT? IT IS 1500 SQUARE FEET.

15. OKAY.

AND 35 DIVIDED BY - >> BOARD MEMBER: MY CALCULATION

[00:20:14]

SHOW IS ABOUT 17 PERCENT NOT TOTAL SQUARE FOOTAGE BUT IF YOU

HAVE 1530 IT IS POINT 21 ACRES. >> BOARD MEMBER: YOU SAID SOMETHING ABOUT REDUCING IT BUT IT GOES BY THE WHOLE SIZE OF THE PROPERTY. THE SIZE OF THE HOUSE THE WHOLE SIDE OF THE PROPERTY. YOU DON'T TAKE OFF ANY.

>> SPEAKER: THE PROPERTY IS 50.1 NOT 60.

>> BOARD MEMBER: OH THE AREA OF THE PROPERTY IS WHATEVER IT IS.

AND YOU PUT THE 1500 SQUARE FEET OVER THE TOP OF THAT AND IT SOUNDS LIKE LESS THAN 20 PERCENT.

>> BOARD MEMBER: TO REITERATE THE ONLY VARIANCE IS THIS.

ALL THE OTHER REQUIREMENTS IN THE RB WOULD NEED TO BE MET.

DOES A LOT OF COVERAGE SETBACKS AND FRONT BOX INSIDE.

>> BOARD MEMBER: WE NEED TO GIVE THE APPLICANT THE INFORMATION IF HE DID HAVE A PROBLEM THERE IT WOULD BE GOOD

TO KNOW NOW. >> BOARD MEMBER: I'M TRYING TO UNDERSTAND THE ISSUE OF HIM BUILDING THERE IS.

THAT'S NOT YOUR HOUSE ON THE CORNER IS IT?

WHAT IS THE ISSUE? >> SPEAKER: THE ISSUE IS THAT IS MY HOUSE BUT IT'S AFFECTING THE PROPERTY VALUE OF THE

COMMUNITY. >> BOARD MEMBER: HOW BIG ARE MOST OF THE HOUSES IN THE COMMUNITY? HE IS BUILDING 1786 IT IS TWO-STORY THE TOTAL LIVING IS 1786+ A 410 FOOT GARAGE. SO, HE HAS A TOTAL FOOT RENT OF ALMOST 2200 SQUARE FEET 1786 IS THE LIVING AREA.

>> BOARD MEMBER: HOW MANY HOMES ARE IN THAT COMMUNITY CONNECT.

>> SPEAKER: 225. >> BOARD MEMBER: DO YOU GUYS HAVE A COPY OF YOUR HOA DEED WHERE APPARENTLY THIS HAS AN ISSUE? YOU KNOW I'M SAYING? YOU SAID YOU HAVE A DEED RESTRICTED COMMUNITY AND AN HOA AND YOU'RE SAYING HIS WORK QUEST CONFLICT WITH THAT? DO YOU HAVE A COPY OF WHERE IT DOES? IF THERE HOA IS MORE RESTRICTIVE OR SOMETHING I THINK IT'S A SMALL DETAIL TO TAKE INTO ACCOUNT.

SO, IF THEY HAVE IT WILL YOU CONSIDER IT?

>> BOARD MEMBER: I'M LOOKING AT THE AERIAL WE HAVE IN THE PACKAGE. THE THIRD LOT IN THE FOOTPRINT SEEMS TO BE - ABOUT THE SAME. BY THE NUMBERS I HAVE IN FRONT OF ME I DON'T THE HOME IS GOING TO EXCEED THE 30 PERCENT.

BECAUSE, THE LOT IS .21 ACRES WHICH IS ABOUT 9000 SQUARE FEET. AND, YOU KNOW -

>> BOARD MEMBER: HE IS WELL SHORT.

>> BOARD MEMBER: I AM LOOKING AT THE PICTURES AND I'M WONDERING HOW THAT ORPHANED EMPTY LOT BRING DOWN THE HOME VALUE THEN A BRAND-NEW HOUSE THERE.

>> BOARD MEMBER: IS THERE ANYWAY TO PULL UP THE WIDTH OF WHAT WE CONSIDER HOUSE NUMBER 3 AT THE HOUSE LINE? IT'S ACTUALLY A FOOT SMALLER AT THE HEAD OF THE PROPERTY THEN

THE OTHER ONES. >> SPEAKER: THE ONE JUST NORTH? MEASURED THAT IN AGAIN I DIDN'T MEASURE BY AERIAL I USED THE COMPUTER SO IT WASN'T JUST OUT THERE IN A SURVEY BUT IT SEEMED TO BE FROM WHAT I COULD SEE AT THE BUILDING LINE IT SEEMED TO BE LESS THAN 60 FEET ALSO.

BUT AGAIN, I DID NOT DO A PLOT SURVEY.

>> CAN YOU PUT THE PLAT BACKUP, IF YOU WOULD.

OKAY. IT'S ACTUALLY 94 AND 93 THAT

WERE LOOKING AT? >> BOARD MEMBER: WHAT I'M LOOKING AT IS THAT AS A CORE NO.

SEE 20 AND SEE 19 AND C20 AND THAT IS ON THE CORE.

[00:25:13]

AT HIS PROPERTY LINE YOU KNOW, THIS ONE HAS AN EASEMENT OVER

HERE AND SO, YOU'VE GOT 46 AND. >> BOARD MEMBER: IT IS SHOWING 45.27 ON LOT 4 AND 46.28 ON LOT 93.

>> BOARD MEMBER: OKAY. BUT THAT IS AT THE PROPERTY LINE THEN YOU SLIDE IT BACK AND YOU'RE TRYING TO MAKE THE 60

FOOT. >> BOARD MEMBER: THEY ARE

BASICALLY THE SAME. >> BOARD MEMBER: BOTH OF THOSE

ARE TIGHT. >> SPEAKER: THE PROPERTY NUMBER

3 IS PUSHING FURTHER BACK. >> BOARD MEMBER: THAT DOES NOT MATTER IT'S WHERE THE BUILDING RESTRICTION LINE IS.

>> BOARD MEMBER: ONE OF THE THINGS THAT WE HAVE LEARNED THROUGH THE PROCESS, WHOEVER THEY HIRED FOR THEIR SURVEYING OBVIOUSLY DID NOT KNOW WHAT THEY WERE DOING.

THIS IS EVIDENT. WHENEVER MY LOT WAS BOUGHT, THEY POURED THE CONCRETE FOR MY DRIVEWAY AND MY HOME AND THEN THEY CAME BACK AND HAD TO SHAVE OFF ABOUT SIX FEET FROM MY

DRIVEWAY. >> BOARD MEMBER: SPEAK INTO THE MICROPHONE, WE ARE ON TV. [LAUGHTER]

>> SPEAKER: SORRY ABOUT THAT WHENEVER THEY CAME BACK AND THEY HAD TO CUT OFF SIX FEET OF MY DRIVEWAY BECAUSE THEY HAD IT TILTED TO THE NEIGHBORS YARD. THERE SURVEYS AND STUFF LIKE THAT WAS REALLY INTO QUESTION AND WHENEVER THEY FIRST STARTED THERE WAS QUITE A FEW OF THESE HOMES WHERE HAD TO COME BACK AND THEY ASKED THE HOMEOWNERS TO DONATE BACK TO FEET OFF THE PROPERTY BECAUSE THEY MESSED UP.

SO WHENEVER THAT ALL CAME OUT, THE HOMEOWNERS ALREADY BOUGHT THE PROPERTY SO THEY SAID NO. THAT IS WHERE THIS STAGE AS IT IS AND WAS ON BUILDABLE AND THE HOMEOWNER THAT PURCHASED IT IN WITH. IT DIDN'T MAKE THE REQUIREMENT.

SO SHE SAT ON IT AND NOW SHE HAS FOUND A BUYER AND SOLD IT TO SOMEBODY I DON'T KNOW WHERE THE GENTLEMAN LIVES BUT HAS SOLD IT AND WE DID APPROACH HER BEFORE ABOUT TURNING THAT INTO A PARK, A COMMUNITY PARK AND SHE SAID YOU DON'T HAVE ENOUGH MONEY AND WE SAID OKAY. SO THAT'S A LITTLE BIT OF BACKGROUND ON THAT. AND, I CAN UNDERSTAND WHAT YOU ARE LOOKING AT IT AT THE SAME TIME WHEN I .MY PROPERTY I DID WHAT I WAS SUPPOSED TO AND THAT IS ALL WE ARE ASKING.

>> BOARD MEMBER: OKAY. DOES ANYBODY ELSE HAVE ANY QUESTIONS BESIDES THESE TWO GENTLEMEN?

>> BOARD MEMBER: NOT REALLY QUESTIONS.

PLEASE UNDERSTAND THAT WE ARE HERE TO RANT VARIANCES OR NOT AND WE TRY TO MAKE SENSE OF RULES THAT ARE LIKE THIS BUT EVERYTHING IS NOT LIKE THIS. SO THAT IS THE WAY WE HAVE TO LOOK AT IT. IS IT FAIR AND JUST FOR THE PEOPLE AT CLAY COUNTY THAT WE ALLOW THIS HOUSE TO BE THERE OR NOT EVEN THE ONE NEXT DOOR IS PROBABLY IN THE SAME SITUATION AND HAS BEEN THERE FOR A LOT OF YEARS AND NO ONE CARED AT THE TIME. THAT IS WHAT WE ARE DOING.

>> BOARD MEMBER: THANK YOU VERY MUCH.

>> SPEAKER: THANK YOU FOR YOUR TIME.

>> BOARD MEMBER: I DON'T SEE ANYONE ELSE HERE I'M GOING TO CLOSE THE PUBLIC COMMENTS PORTION AND THEN BRING IT BACK TO THE BOARD FOR DISCUSSIONS WITH STAFF OR AMONGST OURSELVES. YOUR MICROPHONE IS NOT ON IF

YOU ARE GOING TO TALK. >> BOARD MEMBER: I WOULD REALLY LIKE TO KNOW IF THE HOUSE NEXT DOOR IS UST ABOUT AS FAR OUT OF VARIANT IF THIS ONE WOULD BE.

IT IS ONE OF THOSE - >> BOARD MEMBER: IT LOOKS LIKE

IT'S CLOSE. >> BOARD MEMBER: FIVE FEET WIDE

OR MAYBE? >> BOARD MEMBER: THEY MIGHT HAVE SLID IT BACK ON THEIR OWN ACCORD TO GIVE THEM THEIR MORE ROOM TO BUILD A WIDER HOME. YOU KNOW, IT IS I'M NOT TRYING TO THROW ANYONE UNDER THE BUS BUT IT IS A COMEDY OF ERRORS.

THE SURVEY WHEN THEY PLATTED IT NOT THIS COUNTY STAFF, THEY

WERE NOT HERE. >> BOARD MEMBER: IN MY READING CORRECTLY THAT THIS IS 46 FEET IN THE BACK AND 45?

>> BOARD MEMBER: YEAH. >> BOARD MEMBER: IF IT'S WEDGE WISE I CAN'T EVEN -IT'S LIKE A HAIR MAYBE.

>> BOARD MEMBER: AND THAT'S THE CORE DISTANCE.

IT - I DON'T KNOW I DON'T KNOW WHY NOBODY EVER PICKED UP ON

[00:30:04]

IT. MIKE, IS IT A 25 FOOT SETBACK, IS NOT SET BY ZONING? SO THEY COULDN'T HAVE SAID IN THIS SUBDIVISION THERE ALL GOING TO BE 35 FEET BACK? WHICH WOULD HAVE THEREFORE ALMOST MAKE IT COMPLY?

>> SPEAKER: NUMBER THE RB ZONING DISTRICTS THAT SETBACK TO FIVE FEET YOU CANNOT BE CLOSER.

YOU CANNOT BE CLOSER THAN 25 FEET TO THE FRONT.

>> BOARD MEMBER: BEFORE WE SAY NO I WOULD LIKE TO KNOW IS IT POSSIBLE IF HE SCOOTED IT BACK COULD HE MAKE IT OR COME VERY CLOSE AND IS THE NEXT-DOOR PROPERTY OUT OF WHACK AS WELL.

>> BOARD MEMBER: CAN YOU GO TO THE AERIAL? I THINK IT WOULD HAVE TO BE SLID BACK.

DO YOU SEE HOW THE ONE NEXT DOOR.

>> BOARD MEMBER: I THINK IT WOULD LOOK AWKWARD IF YOU SLID

IT BACK FAR ENOUGH TO MAKE IT. >> BOARD MEMBER: IT LOOKS LIKE THE ONES ON BOTH SIDES ARE OUT-OF-THE-WAY.

>> BOARD MEMBER: THE CORNER WROTE ONE LOOKS OUT OF WHACK

FOR THAT PROPERTY. >> BOARD MEMBER: I THINK THE LOT ON EITHER SIDE OF THE HOMES ARE SLID FURTHER BACK.

>> BOARD MEMBER: TO MEET THE 51 FEET.

>> BOARD MEMBER: AGAIN A REMINDER EVEN PUSHING IT BACK PARTIALLY IT'S THE LOCATION OF THE HOUSE AND THE LOT THAT IS

IN QUESTION. >> BOARD MEMBER: IF WE WERE TO BE ASKED THE OWNER IF THEY WOULD ACCEPT THE HOUSE BE PUSHED BACK -JUST AN IDEA. TO BE IN LINE WITH THE LINE GOING LOT 1 AND LOT 3 SO THE HOUSE WAS BUILT FURTHER FORWARD AND THAT THEY WOULD ALL BE IN LINE, MIGHT BE A LITTLE BIT OF A COMPROMISE. IT MAY ALREADY BE THERE I DON'T

KNOW. >> BOARD MEMBER: SERGIO UNDERSTAND? HE WAS SAYING IS IT LOOKS LIKE THE HOUSES ON EITHER SIDE OF YOUR LOT ARE PUSHED BACK FURTHER AWAY FROM THE STREET THAN THE MINIMUM.

25 FEET IS A MINIMUM SETBACK THEY MIGHT BE AT 30 OR 35 FEET HAVE BEEN PUSHED BACK FARTHER AND WHAT TOM WAS SAYING IS IF YOU WERE TO BUILD YOUR HOME IF YOU PUSHED IT BACK MORE IN LINE WITH THEIR FRONT BUILDING FACE IT MIGHT LOOK BETTER.

IT MIGHT FIT INTO THE COMMUNITY MORE AND NOT BE STUCK SO FAR FORWARD. YES, COME UP TO THE MICROPHONE.

>> SPEAKER: THIS IS WHAT MY BUILDERS SAY THAT THIS WILL LOOK GOOD FOR YOU. BECAUSE, ACTUALLY THEY SAY TO ME, YOUR LAND IS HIS HOUSE AND THE RIGHT SIDE IS ON YOUR PROPERTY BUT I'M NOT INTERESTED ABOUT THAT HERE FOR ME IS JUST IMPORTANT TO BUILD MY HOUSE BECAUSE SOMETIMES A TOWNHOME IS TOGETHER. NO ONE HAS ANY PROBLEM ABOUT THAT BUT THE OWNER IN THIS HOUSE HE ASKED ABOUT THE VALUE.

THE VALUE OF MY HOUSE WILL GO DOWN.

THIS IS NOT FOR MY PROPERTY BECAUSE I WANT TO BUILD MY HOUSE FOR ME. I'M GOING TO DO A LITTLE BIT SMALLER ONE AND GO A LITTLE BIT MORE BACK I DON'T HAVE ANY PROBLEM FROM HIS HOUSE OR ANOTHER HOUSE.

IT'S IMPORTANT TO HAVE MY HOUSE TO GO STRAIGHT IN MY LIFE YOU

KNOW? >> BOARD MEMBER: LET ME ASK YOU A QUESTION. YOU SAID AND I WANT TO UNDERSTAND WHAT YOU SAID. YOU SAID THAT YOUR BUILDER SAID THAT THE NEIGHBORS HOUSE IS ON YOUR PROPERTY? IS HE SAYING IT FROM THAT PICTURE?

>> SPEAKER: YES. AND I TOLD HIM I'M NOT INTERESTED ABOUT THAT I'M JUST INTERESTED TO BUILD MY HOUSE OVER THERE I DON'T NEED TO HAVE IT ON THE RIGHT HAND OR ASIDE, I'M NOT JUST COMING HERE TO TALK TO THE NEIGHBOR I'M JUST GOING TO SAY HI GOOD MORNING GOOD NIGHT.

FOR ME IT'S NOT IMPORTANT VALUE, YOU KNOW?

>> BOARD MEMBER: IS NOT SOMETHING THAT WE HAVE TO WORRY ABOUT AS FAR AS MAKING THE CALL ON YOUR REQUEST HERE BUT IT IS SOMETHING THAT I THANK YOU OUGHT TO REALLY KNOW IF IN FACT THAT HOUSE IS ON YOUR PROPERTY. IT'S ONE THING IF THE HOUSE DOESN'T MEET ITS REQUIRED SETBACK THAT IS JUST A COSMETIC THING TWEEN YOU AND HIM IF IT'S CLOSER THAN YOU THINK BUT IF IT

[00:35:02]

IS REALLY ON YOUR PROPERTY I WOULD MAKE SURE WHEN YOU GET A SURVEY I WOULD KNOW SOMETHING ABOUT THAT.

>> BOARD MEMBER: YEAH. >> BOARD MEMBER: THE SCALES ARE

TO BE IDENTICAL. >> SPEAKER: I HAVE A SURVEY.

>> SPEAKER: SORRY ABOUT THAT. >> BOARD MEMBER: IT'S OKAY.

>> BOARD MEMBER: I THINK THAT'S THE SAME THING THAT WE HAVE.

>> BOARD MEMBER: THIS IS JUST A PLOT SURVEY THE SAME THING THAT WE HAVE IT JUST SHOWS THE LAND ITSELF.

IT DOESN'T SHOW WHERE THE POOR DRIVEWAY OR THE OTHER HOUSES.

SO, THE NEXT-DOOR NEIGHBOR COULD BE ENCROACHING AND THAT

IS IT REALLY A PROBLEM. >> BOARD MEMBER: ARE YOU SAYING THAT YOU DID SCALING AND IT APPEARS THAT WHERE HE IS SHOWING IT ALREADY IS IN LINE WITH THE OTHERS?

>> BOARD MEMBER: IT LOOKS TO BE ABOUT THE SAME MAY BE A FOOT DIFFERENT BETWEEN THAT AND THE ONE NEXT-DOOR.

>> BOARD MEMBER: SO THEY ARE BUILDING UP TO THE BUILDING RESTRICTION LINE? WHERE THE OTHER ONE APPEARED TO

BE? >> BOARD MEMBER: YES, LOT 25 THE WIDTH OF THE PROPERTY WHEN THEY BUILT THE HOUSE ON LOT 93 IS ABOUT THE SAME WHERE YOU WOULD BUILD IT.

>> SPEAKER: ACTUALLY, I THOUGHT WE NEEDED TO BUILD 7.5 FOOT FROM THE OFFSET IN THE 15 FEET OF THE REAR, YOU KNOW AND THE BUILDER SAID WE CAN DO IT, THE PLAN WITH THAT DIMENSION.

DOESN'T HAVE ANY PROBLEM WE CAN DO EVERYTHING ABOUT THIS

DIMENSION. >> BOARD MEMBER: OKAY.

THANK YOU VERY MUCH. >> BOARD MEMBER: WHAT ARE THE

CONVERSATION WE GOT GENTLEMEN? >> BOARD MEMBER: TO ME THIS ONE FALLS IN LINE WITH HE DIDN'T COME IN HERE SAYING I NEED TO BUILD A BIGGER HOUSE OR REDUCE THIS OR REDUCE THAT.

HE WAS STUCK WITH IT. IT'S BEEN THERE AND IF THIS DOESN'T GO THROUGH IT WILL NEVER HAVE A HOUSE ON IT.

>> IT IS A PLATTED LOT A NONCONFORMING PLATTED LOT.

IT IS A LOW TAXABLE LOT, IT'S NOT GOOD FOR THE COUNTY,

EITHER. >> BOARD MEMBER: THAT IS TRUE

AND IT IS A GOOD. >> BOARD MEMBER: I WILL MAKE A MOTION TO APPROVE THE VARIANCE AS TO THE WHATEVER IT IS.

>> BOARD MEMBER: 51.1 FEET. >> BOARD MEMBER: FOR THE

REQUIRED WIDTH. >> BOARD MEMBER: I HAVE A

SECOND. >> BOARD MEMBER: I HAVE A MOTION AND A SECOND TO APPROVE BE AWAY 21 ? 25 FOR THE REDUCTION OF 60 FEET TO 50.1 FEET ALL IN FAVOR SAY AYE.

ALL OPPOSED? OKAY, YOU ARE APPROVED.

THANK YOU VERY MUCH SIR. >> BOARD MEMBER: PERSONALLY I STILL THANK YOU SHOULD VISIT A LAWYER ABOUT THE FACT THAT THE TITLE COMPANY DID NOT GIVE YOU GOOD INFORMATION.

THAT IS WHAT YOU PAY THEM FOR. PERSONALLY I WOULD SUGGEST IT.

>> BOARD MEMBER: NOT TO BUILD A HOUSE BUT THE REASON YOU PAY FOR TITLE INSURANCE IS SO THIS DOESN'T HAPPEN.

THEY SHOULD HAVE CAUGHT THIS AND THEY DID NOT.

THEY JUST THOUGHT IT WAS A PLATTED LOT AND OFF IT WENT.

>> BOARD MEMBER: GO ASK FOR YOUR MONEY BACK.

EXACTLY. >> BOARD MEMBER: GOOD LUCK.

>> BOARD MEMBER: I WILL OPEN UP THE SECOND PERIOD.

>> BOARD MEMBER: YOU ARE DONE, THANK YOU SIR.

>> BOARD MEMBER: DO THE OFFICERS HAVE ANY COMMENTS? THEY ARE THE CLOSE TO PUBLIC COMMENT.

>> SPEAKER: WE NEED AN OFFENSE OF LINEMAN!LAUGHTER]

>> BOARD MEMBER: WHILE WE WENT OUT THERE I SAID WHY DON'T WE HIRE SOME EXISTING PLAYERS AND THEN GET ABOUT FIVE OF THEM? OKAY. I WILL CLOSE THE PUBLIC HEARING ON THAT NOTE AND BRING IT BACK. MIKE, WHEN IS OUR NEXT MEETING?

>> BOARD MEMBER: THURSDAY OF NEXT MONTH.

I DON'T KNOW THE DATE. WE DO HAVE THREE ITEMS FOR NEXT

MONTH. >> BOARD MEMBER: WE ARE STAYING WAY TOO BUSY, I MISS THE TIMES WHEN WE WENT SIX AND EIGHTH

[00:40:02]

MONTH WITHOUT A MEETING. REMEMBER WE WENT TWO YEARS

WITHOUT A MEETING. >> BOARD MEMBER: THAT'S THE THIRD TIME THIS WEEK THAT SOMEONE HAS POINTED OUT TO ME THAT I BRING TOO MANY PROJECTS TO THE BOARD OF ADJUSTMENT.

>> BOARD MEMBER: WELL, YOU KNOW, IT IS THAT WHOLE -I ARGUED WITH THE COUNTY MANAGERS YEARS AGO AND I SAID YOU DON'T GIVE YOUR STAFF ANY DISCRETION. IF YOU LET YOURSELF APPROVE THIS A LOT OF THINGS LIKE THIS WOULDN'T HAVE TO COME THROUGH US. UNDERSTAND LEGAL RAMIFICATIONS BUT I SAID IF YOU DON'T GIVE YOUR STAFF ANY DISCRETION THEN GIVE US A BOOK AND DON'T HAVE THE STAFF IT EITHER MEETS IT OR IT DOESN'T AND THAT'S NOT RIGHT AND I THINK THAT HAPPENED TO A LOT OF IT THEY SAY STAFF CAN DO THIS AND THEY DID A FINE JOB BUT THEY WERE SLIDING BACK. I DON'T WANT A MEETING -

>> BOARD MEMBER: THIS ONE SHOULD HAVE COME BEFORE US THE GUY THAT WANTS TO PUT A HOUSE ON THE PROPERTY THE SLIDE.

>> BOARD MEMBER: OKAY. I HAVE ONE HERE.

THE NEXT PLANNING COMMISSION MEETING THERE IS AN ITEM AFFECTING US AND I WANT TO READ THE ISSUE PART.

THE STAFF IS TRYING TO CHANGE THE LANGUAGE IN LAND DEVELOPMENT CODE CONCERNING THE DUTIES OF THE BOARD OF ADJUSTMENT. PROPOSED CHANGE CLARIFIES THE POWER OF THE BOARD OF ADJUSTMENT SPECIFICALLY THE NEW LANGUAGE OR HABITS THE DOA FROM GRANTING ANY VARIANCE THAT ALLOWS FOR LAND-USE BY THE CODE.

LAND-USE DECISIONS ARE THE DECISION BY THE COUNTY OF COMMISSIONERS. I HAVE A COPY OF THIS YEAR.

>> BOARD MEMBER: WHAT IS THAT ABOUT?

>> BOARD MEMBER: IF YOU REMEMBER LAST MONTH YOU APPROVED A VARIANCE FOR THAT MANY WAREHOUSE ON 220 WHICH WAS NOT AN AND ARTERIAL. THEY BELIEVE THAT WHAT THE WHAT WAS BEHIND IT WAS BELIEVED TO BE MORE OF A USE DECISION WHICH SHOULD NOT BE A BOARD OF ADJUSTMENTS DECISION.

THE BOARD OF ADJUSTMENTS IF THAT PASSES WILL BE DEALING WITH THINGS LIKE TODAY. THE MEASURABLE DISTANCE ISSUES.

>> BOARD MEMBER: WHO TOOK EXCEPTION? WAS IT THE BOARD OF COMMISSIONERS OR COUNTY

COMMISSIONERS? >> BOARD MEMBER: I THINK IT CAME FROM THE BOARD OF PLANNING COMMISSIONERS.

>> BOARD MEMBER: THEY SHOULD NOT HAVE SENT IT TO US.

>> BOARD MEMBER: I DID NOTICE ON FACEBOOK THERE WAS ONE COMING UP AND THERE'S BEEN A LOT OF OPPOSITION TO IT.

SO, THAT IS MY GUESS. >> BOARD MEMBER: VOTED DOWN

THERE. >> BOARD MEMBER: THEY APPROVED A COUPLE THAT WEREN'T ON THE ARTERIAL HIGHWAY AS WELL.

>> BOARD MEMBER: IF THEY DON'T LIKE WHAT WE ARE DOING THEY CAN REPLACE US THEY APPOINTED US. THEY APPOINTED US AND IF THEY

DON'T LIKE - >> BOARD MEMBER: I HAVEN'T HEARD FROM ANY COUNTY COMMISSIONER COMING UP ABOUT WHAT THEIR OPINION IS. I DON'T KNOW IF THAT IS PROPER SOMETHING THEY DO OR NOT BUT I CERTAINLY HAVEN'T HEARD AN OPINION ON THIS OTHER THAN THE PEOPLE WHO COME TO THE HEARING.

>> BOARD MEMBER: THEY WERE VERY CLEAR 10 YEARS AGO TO ME THAT I COULD NOT TALK TO STAFF ABOUT THESE THINGS UNTIL THEY COME BEFORE US. THAT'S THE REASON STAFF DOES NOT GIVE OPINIONS KIND OF THING BECAUSE YEARS AGO THE STAFF DID GIVE THE OPINION AND PERSONALLY I LIKE THAT BECAUSE THESE GUYS DEAL WITH THIS EVERY DAY. THEY KNOW THIS STUFF BETTER THAN WE DO. AT THAT TIME THE COUNTY MANAGER SAID NUMBER YOU CAN'T TALK TO THE STAFF YOU ARE AN INDEPENDENT BODY. AND I SAID SO BE IT.

>> BOARD MEMBER: I DON'T BELIEVE THAT IT WAS SOMETHING LIKE THEY DON'T BELIEVE YOU'RE DOING YOUR JOB THEY JUST WANT TO CLARIFY WHAT ITEMS COME BEFORE YOU AND THAT IS WHAT THAT IS. IT IS CLARIFYING WHAT ITEMS

WHAT APPLICATIONS COME TO YOU. >> BOARD MEMBER: I WAS WONDERING IN MY HEAD AT WHAT POINT ARE WE OVERSTEPPING OUR BOUND? IT IS NOT CLEAR.

WE ARE STEPPING ON THEM ALMOST EVERY TIME.

>> BOARD MEMBER: IS SUPPOSED TO MEET ALL THE CRITERIA.

>> BOARD MEMBER: IF IT MISSES ALL SEVEN?

>> BOARD MEMBER: IF WE MISS ONE IT'S SOMETHING WHERE IT IS A

TECHNICALITY. >> BOARD MEMBER: I REALLY DON'T

[00:45:01]

THINK IT IS SOMETHING AGAINST THE BOARD OF ADJUSTMENT IT IS JUST THAT THEY WANT TO CLARIFY WHICH ITEMS COME BEFORE YOU.

>> BOARD MEMBER: I DISAGREE WITH THE ONE THAT SAYS IT'S NOT HIS FAULT. IT IS HIS FAULT HE BOUGHT THE LAND THAT HE CAN'T PUT A HOUSE ON.

TO ME THAT MAKES IT HIS FAULT. >> BOARD MEMBER: AND THAT'S WHERE IT COMES BACK TO THE TITLE COMPANY THAT THEY DIDN'T

RESEARCH IT. >> BOARD MEMBER: IS OF THE PLANNING COMMISSION THAT WANTS TO CHANGE A THING?

>> BOARD MEMBER: IF YOU WANT TO PULL IT UP YOU CAN.

MY QUESTION IS IS IT THERE RIGHT?

>> BOARD MEMBER: IT IS AT THE PLANNING COMMISSION.

>> SPEAKER: IT HAS TO GO THROUGH THE PLANNING COMMISSION BECAUSE THAT IS PART OF THE PROCESS.

A CHANGE TO THE LAND DEVELOPMENT CODE HAS TO GO

THROUGH THEM AND THAT IS WHY. >> BOARD MEMBER: I'M JUST SURPRISED THAT THIS IS A LAND DEVELOPMENT CODE.

HOW IS STARTS AS A LAND DEVELOPMENT CODE.

>> BOARD MEMBER: THE LEGAL QUESTION IS.

>> BOARD MEMBER: THE BOARD NEEDS TO DECIDE THAT IF THIS IS SOMETHING WE SHOULD NOT LOOK AT ALL WE HAVE TO DO IS TELL THE STAFF. IF IT'S LAND-USE THAT CAN'T GO TO THE BOARD OF ADJUSTMENT? THEREFORE WE WOULDN'T HAVE TO

VOTE ON IT. >> BOARD MEMBER: THIS IS JUST TO CLARIFY THAT. AND THAT IS WHAT THE PURPOSE OF

THIS CHANGE IS. >> BOARD MEMBER: THANK YOU FOR

BRINGING THAT TO US. >> BOARD MEMBER: MY POINT IS IS NOT JUST A LEGAL QUESTION ON WHETHER LAND-USE IS SOMETHING WE LOOK AT OR NOT. IT OUGHT TO BE SAID IN THE ORDINANCE IF IT IS OR ISN'T. LIKE IT WASN'T FOR US.

WHAT DO WE KNOW? >> BOARD MEMBER: THE WORDING THAT IS PROPOSED IS ALREADY TAKEN OUT OF THE LAKE HAS.

MASTER PLAN. THAT WORDING IS IN THE LAKE HAS VERY MASTER PLAN. SO, IT HAS BEEN CARRIED

FORWARD. >> BOARD MEMBER: IS THAT MASTER PLAN THAT GOOD OF A MASTER PLAN?

>> BOARD MEMBER: IT IS THE MASTER PLAN FOR LAKE ASBURY.

>> BOARD MEMBER: I KNOW BUT THEY'RE TAKING THAT WORDING TO USE A COUNTYWIDE AND I HAVE HEARD A LOT OF PEOPLE COMPLAIN ABOUT IT. WE HAD THE BRANDON FIELD MASTER PLAN LAKE EDWARD MASTER PLAN. THE.

>> SPEAKER: WE HAVE SOME VERY GOOD POINTS BUT AS YOU GUYS WILL SEE IT WE ARE NOT DIRECTLY BUT INDIRECTLY IN THE PROCESS OF UPDATING THIS DOCUMENT RIGHT NOW.

AND WE ARE LOOKING AT THE GOOD POINTS OF LAKE AS VERY AND RENTON FIELD WHICH CAN BE WE FEEL IS APPROPRIATE TO SHARE COUNTYWIDE. YOU KNOW, I WILL TELL YOU THE LIGHTING STANDARDS IN LAKE ASBURY WILL PROBABLY END UP BEING CLOSE TO COUNTYWIDE STANDARD FOR LIGHTING.

AND THAT IS WHAT WE ARE DOING. WE ARE TRYING MAKE SOMETHING THAT IS MORE CONSISTENT FOR THE ENTIRE COUNTY.

AND IMPROVED WHERE IT NEEDS TO BE IMPROVED.

>> BOARD MEMBER: RIGHT. OKAY.

ANYTHING ELSE? OKAY.

WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.