[CALL TO ORDER] [APPROVAL OF MINUTES] [00:00:08] >> I WILL CALL TO ORDER THE BOARD OF ADJUSTMENTS MEETING MA. THE FIRST IS THE APPROVAL FOR THE MEETING OF OUR LAST MEETING WHICH WAS APRIL 28, 2022. TO HAVE ANY QUESTIONS OR CORRECTIONS OR ANYONE THAT HAS ANYTHING TO SAY ABOUT THOSE MINUTES? >> I MOVE APPROVAL. >> I HAVE A MOTION AND A SECOND. THE MINUTES FROM APRIL 28, 2022 ALL IN FAVOR SAY AYE. ALL OPPOSE? IT PASSES. THE NEXT ITEM IS PUBLIC COMMENT. THAT IS A POINT IN THE AGENDA WHERE ANYONE CAN SPEAK ABOUT ANYTHING THAT IS ON THE AGENDA. THE SECOND IS FOR ANYTHING NOT ON THE AGENDA. YOU ARE WELCOME TO TALK ABOUT ANYTHING THAT YOU WANT TO. I WILL OPEN THE PUBLIC HEARIN [1.  Public Hearing to Consider Application BOA 22-06. Variance to Required Minimum Rear Setback in RD-1 Zoning District.] AND SEEING NO ONE RUSHED TO THE PODIUM I WILL CLOSE IT. NOW THE FIRST IS BOA22 -- ZERO SIX. I WILL TURN IT OVER TO MR. BROWN. >> CHAIRMAN AND COMMISSION, BOA22-EURO SIX IS AN APPLICATION BY CARTER, SUBJECT TO PARCELS NOTED -- ON FOXBORO DRIVE. IT IS FOR URBAN CORE FUTURE LAND USE. THE REUEST IS FOR A FUTURE SETBACK FROM 20 FEET TO 20 FEET TO 12.3 FEET. HERE IS AN AREA OF THE PARCEL IN QUESTION. AND AS YOU CAN SEE, IT IS AN AMENITY TO THAT DEVELOPMENT. HERE ARE PICTURES, THESE ARE THE SIGNS. AS I INDICATED THE PARCEL IS ON LOT 84. IT WAS RECORDED IN 1981. THE RD-1 ZONING DISTRICT DOES REQUIRE A 20 FEET SETBACK. AND THE RESIDENT WANTS TO PROVIDE PROTECTION FROM BRAIN AND OTHER WEATHER ISSUES TO LIMIT EROSION AND TECH ISSUES. AS I INDICATED THE PARCEL IS BOARDED TO THE REAR OF THE SOUTH BY WATER FROM THE COMMUNITY LAKE. STAFF FINDS THE REQUEST FOR THE DEDUCTION IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND RECOMMENDS DENIAL OF THE REQUEST OF REDUCTION. AS WITH ALL OF THEM, I WILL GO THROUGH THE SIX CRITERIA THAT YOU JUDGE A VARIANCE ON. THAT THEN YOU CAN TAKE INTO CONSIDERATION WHEN YOU ARE GRANTING OR DENYING SUCH. THE FIRST CRITERIA, THERE IS NO CIRCUMSTANCE WHICH IS NOT APPLICABLE TO THE RD -- 1 ZONING DISTRICT. THERE IS NO SPECIAL CONDITION AND THE DESIRE IS A CHOICE BY THE APPLICANT. THE GRANTING OF THE SETBACK WILL NOT PROVIDE OF THE PARCELS AND EXCUSE MY SPELLING I JUST NOTICED THE ZONING DISTRICT. THIS IS REQUIRED TO MEET THE 20-FOOT REAR SETBACK TO THE PROPERTY LINE. THE ORDINANCE WOULD NOT DEPRIVE ( INDISCERNIBLE ) IN THE ZONING DISTRICT. THE USE OF THE PROPERTY IS NOT DEPENDENT ON THE ABILITY TO EXTEND THE ROOF TO THE REPAIR OF PROPERTY IS ALREADY DEVELOPED. THE REQUESTED VARIANCE TO FACILITATE THE ROOF TO THE REAR, TO THE REAR OF THE DWELLING AND INTO THE REAR SETBACK, THE PARCEL IS LOCATED WITH NO NEIGHBORS TO THE REAR OR SOUTH [00:05:04] OF THE PARCEL. FALSTAFF, BECAUSE OF THAT THE GRANTING OF THE SETBACK REDUCTION WOULD NOT BE DANGEROUS OR DETRIMENTAL TO THE PUBLIC'S HEALTH OR WELFARE. DOES ANYONE HAVE ANY QUESTIONS OF STAFF AT THIS POINT? >> THIS IS AN OPEN DECK, CORRECT? >> I THINK THERE MAY BE A CLOTH, NOT PERMANENT THAT THEY PUT UP. >> BUT WHAT SHE'S ASKING TO BUILD IS NOT AN ENCLOSED ROOM. >> RIGHT,. >> IT IS PHYSICALLY CONNECTED TO THE HOUSE. >> THAT'S WHY. >> YOU HAVE ANY QUESTIONS OF MY? >> MISS CARTER IF YOU WILL COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. >> >> EVERYTHING YOU'RE ABOUT TO SAY DOES THE TRUTH SO HELP YOU GOD. TELL US WHAT YOU'RE TRYING TO DO. >> I JUST WANT TO PUT A COVER ON IT. A COMPOSITE ROOF. AND I HAVE HAD SO MUCH BROUGHT UNDERNEATH THAT I HAD TO FIX. I HAVE A FEW PICTURES WHERE MY CANOPY IS. >> WHAT DO YOU HAVE THERE TODAY? >> JUST OF THE CANOPY UP THERE NOW. IT SHOWS WHERE IT WOULD BE. >> THANK YOU VERY MUCH. OH, SO THE DECK IS ALREADY THERE. AND YOU HAVE A CLOTH COVER ON IT TODAY, AND YOU ARE TRYING TO PUT A SOLID ROOF ON IT. SO YOU DON'T REALLY HAVE A BACKYARD LIKE GREEN GRASS, BACKYARD, OUTSIDE OF THIS YOU HAVE A DOCTOR, IS THAT CORRECT? >> YES. AND THE SUN IS SO BAD IN THE EVENING, THIS WOULD HELP. >> WHAT IS THIS ONE RIGHT HERE? >> THAT IS JUST A NEIGHBOR. I TOOK A PICTURE OF A FEW HOUSES DOWN TO SHOW YOU THE ROOF. TENT SO YOU ARE TRYING TO BUILD A PERMANENT ROOF, ARE YOU USING THE SAME STRUCTURES? THEY HAVE METAL STRUCTURES FOUND THAT HOLD THE CANOPY -- >> IF IT IS NEEDED TO REDUCE THAT, THEN I AM SURE WE WILL DO THAT. >> BUT WILL YOU WANT TO USE THE METAL STRUCTURES AND PUT A KNIFE ASPHALT ROOF OR ( INDISCERNIBLE ). >> IT WON'T COME FROM MY HOUSE BUT THE SUN ROOM. WHERE THE ROOF IS ALREADY THERE WOULD BE ADJUST ANOTHER ONE COMING OUT. >> OKAY WHAT IS THIS PICTURE OF? >> THAT IS UNDERNEATH THE DECKING, I DID NOT BRING A PICTURE OF THE ROCK UNDERNEATH BACK. THAT IS WHERE I HAD IT REDONE FOR DRAINAGE. >> HAVE YOU HAD TO GET PERMISSION FROM THE HOMEOWNERS ASSOCIATION? >> YES, I DID. AND THEY APPROVED IT LAST YEAR, WHEN I WAS STARTING THIS. BUT HE CALLED ME, THE PRESIDENT LAST WEEK AND TOLD ME THAT, THEY WOULD SIGN IT AGAIN, AND THEY WOULD APPROVE IT. >> HAS SHE GIVEN THAT TO STAFF? >> NO. I DON'T BELIEVE THAT WAS IN THE APPLICATION. >> AND GIVE THAT TO MIKE. >> WE ALWAYS LIKE TO ASK, IF THE ASSOCIATION HAS ANY PROBLEMS WITH WHAT YOU ARE TRYING TO DO. >> AND HERE IS MY NEIGHBOR. SHE CAME FOR MY SUPPORT. >> SHE HAS WATER ON TWO SIDES. ARE YOU ON THE LANDSLIDE OR [00:10:05] ACROSS THE LAKE. >> I'M ACTUALLY TO THEM. >> ANY COMPLAINTS -- >> NO COMMENTS. >> DO YOU HAVE ANY QUESTIONS FOR MRS. CARTER? >> I HAVE A QUESTION. THE ROUTE THAT IS THEY NOW DOES IT MEET CODE AS IT IS NOW. >> CLOTH ROOF BUT YOU NEED IT FOR PLYWOOD. OKAY. THAT'S INTERESTING. AT WHAT POINT ARE YOU BREAKING THE LAW? DO YOU WANT A COPY OF THIS FOR YOUR RECORDS? >> YES, THAT WOULD BE NICE. >> MS. CARTER WE COULD HOLD ONTO THAT. >> DOES ANYONE ELSE HAVE ANY QUESTIONS FOR MS. CARTER? >> IS THERE ANYONE ELSE HERE WHO WOULD WANT TO SPEAK FOR OR AGAINST THE APPLICANT. I KNOW THE NEIGHBOR IS HERE FOR MORAL SUPPORT. DO I HAVE A MOTION? >> YES, YOU WILL. I THOUGHT YOU HAD TO TAKE IT OUT. >> I AM BRINGING IT IS NOW. ALL RIGHT GO AHEAD. >> TO ME, THIS FITS THE CASE OF, IT DOESN'T FIT THE CASE OF ZONING REQUIREMENTS BECAUSE THERE IS NO ONE AROUND IT. SO, I MAKE A MOTION TO APPROVE APPLICATION 22-06 AS SUBMITTED. >> AND I THINK THIS PROBABLY IMPROVES THE PROPERTY VALUE, AND FOR THE NEIGHBORS SO I SECOND. IT STOPS THE EROSION. NOW IT IS COMING OFF OF THE DECK. ( INDISCERNIBLE ) OKAY, WE HAVE A MOTION AND A SECOND FOR APPROVAL ALL IN FAVOR SAY AYE. ALL OPPOSED? GOOD LUCK MS. CARTER, I HAVE A PERSONAL QUESTION FOR YOU. I SAW YOUR APPLICATION. IS YOUR MIDDLE NAME OR MAIDEN NAME G A Y. YOU ARE ACTUALLY ENOLA GAY CARTER. YOU ARE TOO YOUNG TO REMEMBER WHAT THAT WAS. MY DAD THOUGHT A LOT OF THAT AIRCRAFT. HE WAS THERE. THANK YOU, GOOD LUCK TO YOU. SEE, I DIVERT ALL OF THE TIME. [2.  Public Hearing to Consider Application BOA 22-07. Variance to Required Minimum Setback for Accessory Structures in RA Zoning District.] THE NEXT ONE WE HAVE IS BOA22 -- ZERO SEVEN. >> CHAIRMAN AND COMMITTEE. BOA22-07 IS AN APPLICATION, THE LOCATION OF THE PARCEL IS 7105 FLEMING DRIVE, ZONING IS A SINGLE-FAMILY RESIDENTIAL WITH A RURAL FRENCH FUTURE LAND USE AND A REQUEST IS A REDUCTION AND SETBACK FORCEPS RESTRUCTURES ON SEVEN AND HALF FEET FEET TO 2.5 FEET. HERE IS AN AERIAL SHOWING THE PARCEL, PICTURES OF THE PARCEL, AND JUST TO POINT OUT, IF YOU SEE WHERE THE SIGN IS, THERE IS A PATH THAT RUNS THERE, THAT IS ONE OF THE ISSUES RAISED BY THE APPLICANT, AND I WON'T GET INTO IT BUT THERE IS AN EASEMENT THAT RUNS THE LENGTH OF THE PARCEL THERE. >> AN EASEMENT TO WHO? >> I DON'T KNOW WHO HAS IT, I THINK THE COMMUNITY. I THINK IT IS A WALKING PATH. >> ( INDISCERNIBLE ). >> BUT I WILL GET INTO IT. SOME OF THAT. THE PARCEL IS LOCATED ( INDISCERNIBLE ) UNIT ONE SUBDIVISION PLANTED IN 1957. REVIEWING THE DEED FROM 1986, THE PARCEL IS DESCRIBED AS THE NORTHERN 75 FEET OF LOT ONE OF THE FORCE UNIT 1. THE AR ZONING DISTRICT HAS A DISTANCE OF 100 FEET. AND THE PROPERTY IS ALREADY DEVELOPED AND THAT INCLUDES A [00:15:01] CONCRETE DRIVEWAY THAT WAS PLACED ON THE PROPERTY IN 1977 ACCORDING TO THE PROPERTY APPRAISER RECORDS. THE APPLICANT WISHES TO PLACE AND A SENSORY STRUCTURE IN THE SOUTHERN PART OF THE PROPERTY BETWEEN THE EXISTING DRIVEWAY AND THE SOUTHERN PROPERTY LINE. THIS IS WHERE THAT PATH OR THAT EASEMENT, THERE IS A 25-FOOT EASEMENT THAT RUNS ALONG THE LENGTH OF THE SOUTHERN PROPERTY LINE OF THE PROJECT. THAT IS WHAT THE PARCEL WAS ONLY 35 FEET WIDE. THE EASEMENT TAKES THE OTHER 75 FEET. AND THE APPLICANT DESIRES TO PLACE THE ASSESS RESTRUCTURE BETWEEN THE EXISTING DRIVEWAY AND THE SOUTHERN PROPERTY LINE. STAFF FINDS THE REDUCTION IN THE REAR SETBACK IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND THEREBY RECOMMENDS DENIAL OF THE REQUESTED REDUCTION. GOING OVER THE VARIANCE CRITERIA, AS I INDICATED THE PARCEL IS LOCATED IN THE HIBERNIA FORCE UNIT ONE SUBDIVISION WHICH WAS PLATTED IN 1957, PRIOR TO ANY LAND DEVELOPMENT REGULATIONS IN THE COUNTY. THE PARCEL IS DESCRIBED IN THE NORTHERN 75 FEET OF LOT WON OF THE HIBERNIA FOREST SUBDIVISION. AND THEN, THE OTHER SPECIAL CONDITION IS THE 75-FOOT WIDTH OF THE PARCEL IS LESS THAN THE 100-FOOT REQUIREMENT OF THE AR ZONING DISTRICT. SPECIAL CONDITIONS, AGAIN IT WAS PLANTED IN 57 AS THE NORTHERN 7. THE APPLICANT DID SUBMIT A SITE PLAN. IT WAS INCLUDED IN YOUR PACKET THAT SHOWS HE DESIRES TO PLACE AND ASSESS RESTRUCTURE BETWEEN THE EXISTING DRIVEWAY AND THE SOUTHERN BOUNDARY. GRANTING THE VARIANCE, TO THE SETBACK FOR ACCESSORY STRUCTURES, ALLOWING FOR THE PLACEMENT OF DOWN TO TO WHEN I FEET. ALL ASSESS RESTRUCTURES IN THE DISTRICT ARE REQUIRED TO BE SEVEN AND HALF FEET FROM ANY PROPERTY LINE. SO IT WILL CONFIRM THAT BENEFIT TO THE APPLICANT, THE LITERAL INTERPRETATION DOES NOT DEPRIVE THE APPLICANT UPRIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE RA ZONING DISTRICT. THE ASSESS RESTRUCTURE COULD BE PLACED IN OTHER LOCATIONS THAT MEET THE 7.5 SETBACK REQUIREMENT. BENEFICIAL USE OF THE PROPERTY IS NOT DEPENDENT ON THE ABILITY TO GRANT THE VARIANCE. THE PROPERTY WAS ALREADY DEVELOPED WITHIN THE DWELLING UNIT. THE REQUESTED VARIANCE IS TO FACILITATE THE STRUCTURE, TO ENACT FEET FROM THE PROPERTY LINE. THE PROPERTY BORDERS AND EASEMENT ( INDISCERNIBLE ) GRANTING THE SETBACK FORCEPS RESTRUCTURES IS NOT NECESSARILY IN HEART MANY -- I COMING WITH THE ORDINANCE BUT STAFF DOES NOT FEEL IT WILL BE HARMFUL OR DETRIMENTAL TO THE PUBLIC WELFARE. DO YOU HAVE ANY QUESTIONS OF STAFF? >> WHAT'S ON THE OTHER SIDE OF THE 25-FOOT EASEMENT? >> I DO NOT KNOW. >> IT LOOKS LIKE FROM THE AERIAL VIEW, ICA PARCEL -- PARCEL NUMBER THEN I SEE A JOB DOWN THERE THAT LOOKS LIKE IT STOPS, MAYBE THE WHOLE LOT -- MAYBE ANOTHER 25-FOOT IT IS HARD TO TELL. OKAY, I WILL ASK MR. CARTER. >> SO THIS IS TO WOULD HAVE FEET FROM THE EASEMENT. >> YES. >> DOES THE EASEMENT, IS THAT IS PROPERTY? >> IT IS SEPARATE. IT IS NOT HIS PROPERTY. IT WAS TAKEN OUT,. >> SO IT'S NOT AN EASEMENT ON HIS PROPERTY. >> YES, I BELIEVE. >> BY TODAY'S STANDARDS, IF WE WERE DOING SOMETHING LIKE THAT WE WOULD NOT BE ALLOWED TO PUT THAT IN AN EASEMENT IT WOULD BE A PARCEL. AND IT WOULD BE DEEDED TO THE FLEMING ISLAND HOMEOWNERS ASSOCIATION. YOU ARE CORRECT. AND EASEMENT WOULD BE ON MR. CARTER'S PROPERTY OR CLAY COUNTY ELECTRICAL ENGINEERING WOULD HAVE TO USE A BUT THEY DON'T ONLY. [00:20:02] AND EASEMENT IS SOMETHING BASED ON TOP OF AN UNDERLYING OWNERSHIP. SO BY TODAY'S STANDARDS, IF I WERE TO DESIGN THE SUBDIVISION I WOULD PUT THAT INTO A PARTIAL AND THE PARCEL WOULD BE OWNED BY THE GROUP, THE HOMEOWNERS ASSOCIATION. IF IT'S AN EASEMENT WITH EASEMENT BUT OKAY, MAYBE IT IS NOT. >> SO WHO OWNS THAT? >> I DO NOT KNOW. I BELIEVE IT IS THE HOMEOWNERS ASSOCIATION. >> IT WAS PROBABLY AN EASEMENT, IT WAS DONE BY THE FLEMING FAMILY AND THEY PROBABLY CONVEYED THAT PORTION OF LOT 1 TO THE HOMEOWNERS ASSOCIATION BY WAY OF AN EASEMENT, ( INDISCERNIBLE ) AND THE LOT WAS SOLD. AT THAT TIME, BACK IN THOSE DAYS, SAY 75-FOOT LOT WAS VERY COMMON. DID I MISSPEAK? >> OKAY, THANK YOU SIR. >> WILL YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? >> CHRISTIAN CARLSON 7501 FLEMING ISLAND DRIVE. >> EVERYTHING YOU'RE ABOUT TO SAY IS THE TRUTH SO HELP YOU GOD. >> HAS. >> TELL US ABOUT WHAT YOU HAVE AND WHAT YOU ARE TRYING TO DO. >> THIS THAT ( INDISCERNIBLE ) I WANTED TO OFFER A FEW ANSWERS TO THE QUESTION. AND THE SOUTH SIDE OF THE PROPERTY IS A HOME OWNED BY -- MY UNDERSTANDING THIS IS MY UNDERSTANDING, VOLUNTARY, HOA ASSOCIATION AND SOME OF THE PEOPLE IN THE COMMUNITY. >> THERE WAS A DOCK THERE, AND MAY BE MATTHEW DID IT. I HAVE PICTURES THAT WILL HELP YOU VISUALIZE EVERYTHING TO SEE THE EASEMENT AS DESCRIBED. I DON'T KNOW IF WE HAVE THE FUNDS TO DO IT. RIGHT NOW THERE'S LUMBER STACKED UP. AND WHO IS TO THE SOUTH OF THEM. EVERYTHING YOU SAID SOUNDS TO ACCURATE. THE BIG REASON FOR WHY I NEEDED TO BE CLOSER TO THE PROPERTY LINE IS THE TRANSLATORS ALREADY THERE. OBVIOUSLY, YOU CAN PUT A BUILDING WHEREVER YOU WANT. I THINK IN THE PICTURES YOU WILL HAVE YOU CAN SEE IT'S NOT CLOSE TO THE EDGE AND THE CARS WON'T TURN EASILY INTO THE GARAGE. SO THAT IS THAT. WOULD YOU LIKE ME TOO PROVIDE THE PHOTOS? >> I DIDN'T KEEP A SURVEY IN MIND, I COULDN'T DOWNLOAD. >> SO I ALSO PROVIDED YOU AN AERIAL SHOT SHOWING THE WIDTH OF THE EASEMENT SHOWING MORE CLEARLY,. >> YOU'RE TRYING TO PUT YOUR NEW GARAGE IN FRONT OF YOUR OWN GARAGE. I DON'T WANT IT TO BE IN THE WAY -- ( INDISCERNIBLE ) AS OPPOSED TO BLOCKING THE REST OF THE HOME TO BE AESTHETICALLY PLEASING. AND ALSO PROVIDED THERE IS A SIGNATURE FOR NEIGHBORS TO THE NORTH. AND THE CLOSEST NEIGHBORS TO THE SOUTH, IN TERMS OF THE HOA HAVE MET WITH THE TREASURER, AND JUST BASICALLY EXPLAINED WHAT I WAS DOING I WAS HAPPY TO ANSWER ANY QUESTIONS OR ANY FEEDBACK THEY MAY HAVE AND I POSTED A SIGN. [00:25:10] -- X CAN SEE WHERE THEY WERE UPSET OR CONCERNED AND I THINK THAT'S UP -- ALSO IN THE PACKET IS AN ESTIMATE OF WHAT BUILDING WOULD BE PUT THERE LIKE A TWO-CAR GARAGE TYPE THING. I WOULD BE HAPPY TO ANSWER ANY OTHER QUESTIONS. >> ( INDISCERNIBLE ). >> I'M THE ONE WHO MOWS IT NINE TIMES OUT OF TEN. >> IS THIS YOUR FENCE? AND JUST, THE VINYL GREAT FENCE, THAT IS MINE. >> IS THERE A VINYL GREAT FENCE WHERE THE GARAGE WOULD BE? >> SO, THAT FENCE, IF YOU SEE THE SURVEY IS RUNNING -- IS EVEN WITH THE FRONT OF THE GARAGE GOING PARALLEL TO THE PROPERTY LINE TO THE RIVER. IT IS ONLY MAYBE 20 FEET. >> I MEAN,, RIGHT NOW THERE IS NO FENCE WHERE THE PROPOSED GARAGE IS? >> WHERE YOU SEE THE ROAD, DOCKING OR FENCE WHATEVER YOU WANT TO CALL IT, IT WAS PLACED BY THE COMMUNITY COME UP BEFORE I MOVED INTO THE HOME. SO THE FENCE YOU ARE SEEING IS PARLLEL TO THAT BUT THE PROPOSED STRUCTURE IS PROBABLY 100 FEET TO THE WEST, 100 FEET AWAY FROM THE RIVER IS WHERE ONCE WITH THE BUILDING. THE GARAGE WOULD GO CLOSER TO HOUSE. TWO REASONS. NUMBER ONE THERE IS A ( INDISCERNIBLE ) OUT OF THE LOCATION WHERE I'M DESCRIBING. AND ALSO BECAUSE OF THE CURVATURE OF THE DRIVEWAY. IF I PUT IT FURTHER FROM THE HOUSE WILL GIVE ME THE POSSIBILITY ( INDISCERNIBLE ). >> THAT IS THE MAIN PURPOSE. ( INDISCERNIBLE ). >> QUESTIONS OUR COMMENTS? >> ARE ALL OF THE OTHER LOTS, OTHER SITES THAT SAY EVERY LOT, ARE THEY ALL 100 FEET? >> IN THE SUBDIVISION I CAN'T SPEAK OF MOTHERS. IN TODAY'S WORLD THERE WOULD BE AN EASEMENT. >> AND THE ISSUE WAS NOT OF HIS DOING. CREATING THE PROBLEM SO TO SPEAK. I WOULD MAKE A MOTION TO APPROVE THE VARIANT. >> ANY COMMENTS OR ANYONE ELSE FIRST? >> ARE YOU HERE FOR MORAL SUPPORT? >> WE HAVE A RETRO MOTION. >> CAN HAVE A RETRO SECOND-PERIOD CHANCE SINCE YOU STOLE MY MOTION I WILL SECOND YOURS. >> I HAVE A MOTION NANOSECOND FOR APPROVAL OF BOA22 -- ZERO SEVEN. ALL IN FAVOR SAY AYE. OPPOSE. GOOD LUCK TO YOU. [3.  Public Hearing to Consider Application BOA 22-08. Variance to Required Minimum Setback in BB-3 Zoning District Where it Abuts a Residential District.] THE LAST ONE FOR THE EVENING IS DOA 22 -- ZERO EIGHT. >> ALRIGHT MR. CHAIRMAN, 22 -- ZERO EIGHT. AN APPLICANT BY ( INDISCERNIBLE ) THE PARCEL IS LOCATED 51 NIGHT BOX ROAD. BUT ZONING IS BB -- THREE [00:30:05] SPECIALTY WITH COMMERCIAL USE. THE REQUEST IS A REDUCTION FOR THE SETBACK FOR BB PROPERTIES FOR THE RESIDENTIAL ZONING TO REDUCE THAT FROM THE 25 FEET REQUIREMENT DOWN TO 5 FEET. HERE IS THE OUTLINE OF THE PARCEL. THE PARCEL IS CLEAR AS YOU CAN SEE ON THE PICTURE TO THE LEFT OR THE RIGHT, I THINK YOU CAN SEE SOME OF THE BUILDINGS ON THE ADJACENT PROPERTY. ON THE BACKGROUND OF THIS PROJECT, THE FIRST 300 FEET OF THIS PROPERTY COMING BACK FROM NIGHT BOX ROAD IS BORDERED NORTH AND SOUTH BY COMMERCIAL ZONING DISTRICTS. AWAY FROM NIGHT BOX IS BORDERED BY RESIDENTIAL ZONE DISTRICTS. THE REQUESTED VARIANCE AS I INDICATED IS TO REDUCE SETBACKS FOR COMMERCIAL ZONING ( INDISCERNIBLE ) FROM 25-5 FEET. WHERE THE ADJOINING PARCEL IS PONE FOR BUSINESS THE FIRST 300G BACK FROM NIGHT BOX, BUT ZONING CODE ALLOWS FOR BUILDINGS TO BE PLACED UP TO THE SIDE LOT LINE ADJACENT TO. >> TO 0? >> YES. BUT AS SOON AS IT HITS BUT 300 FEET WHERE THE ZONING CHANGES TO RESIDENTIAL THE SETBACK GOES UP TO 25 FEET. STEP FUNDS THE REDUCTION AND SETBACK IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND THUS REQUEST AND RECOMMENDS DENIAL OF THE REQUEST. REVIEWING THE VARIANCE CRITERIA, THE SPECIAL CONDITIONS ARE THE FACT THAT I JUST EXPLAINED THE CHANGE IN ZONING FROM COMMERCIAL USED TO RESIDENTIAL USE, IS BOTH SPECIAL CIRCUMSTANCES RELATED TO THIS PARCEL AND REQUEST. THE DESIRE TO -- ALTHOUGH HE DID NOT CREATE THE ZONING DIFFERENCE IS THE DESIRE TO REDUCE THE SETBACK IS A CHOICE BY THE APPLICANT. GRANTING THE VARIANCE, WILL GIVE THE PRIVILEGE TONIGHT BUT OTHER LAND PARCELS WITHIN THE BB-3 ZONING DISTRICT BY ALLOWING THE REDUCTION OF THE SETBACK DOWN TO FIVE BACK. THE LITERA INTERPRETATION IS NOT TO DEPRIVE THE APPLICANT OF ( INDISCERNIBLE ) IN THE ZONING DISTRICT. THE USE OF THE PROPERTY IS NOT DEPENDENT ON THE ABILITY TO REDUCE THE SETBACK IN AREAS ABUTTING THE RESIDENTIAL ZONE PROPERTIES. THE STATED PURPOSE OF THE APPLICATION, AND THE REQUEST IS TO FACILITATE DEVELOPMENT OF THE PROPERTY WITH COMMERCIAL USES INCLUDING PARKING, TRAVEL MILES, AND MEETING IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE. THE GRANTING OF THE SETBACK FOR ACCESSORY STRUCTURES IF YOU HAVE ANY QUESTIONS -- WHENEVER I GET AN E-MAIL, I GOT INFORMATION AND I GOT NO SURVEY ON EITHER ONE. I JUST NEED TO LOOK AT EITHER ONE. >> I CAN LOOK AT IT WHILE HE'S DOING IT. >> I KNOW THIS WELL. THIS IS OFF OF NIGHT BOX RIGHT HERE. YOU HAVE OFFICES THAT RUN BACK HERE AND HERE. DOUBLE FRONTAGE. [00:35:02] THE GRAY ONE IS THERE, THEY ARE OFFICES BACK TO THEIR. AND THE GRAY ONES THERE GOAL HERE. THAT RIGHT THERE IS A SIGN THAT SAYS YOU'RE ENTERING AN APARTMENT COMPLEX. IT'S LIKE ANNA TOLD SENIOR I'VE BEEN THROUGH THEM A FEW TIMES, LIKE THEY WERE TRYING TO PROVIDE FINANCIAL ASSISTANCE FOR SENIORS WHO WERE INDEPENDENT. THAT'S THE REASON YOU ONLY SEE THEM ON ONE SIDE BECAUSE THEY DID NOT BUILD ON THE RIGHT SIDE, I'M ASSUMING WHEN THEY WERE BUILT YEARS AGO. >> CAN I TALK. THERE IS A POND THERE. >> BUT IS IT IN THE BACK? >> THAT IS WHAT I AM TRYING TO C. >> THAT IS WHAT I'M TRYING TO GET THE SETBACK, I ONLY NEED 10. >> I AM NOT WITHIN 100 FEET OF THE RESIDENTIAL BUILDINGS. >> IT'S A REALLY WEIRD ZONING, THEY RIP THE LINE DOWN 300 FEET AND ALLOW THEM TO BUILD COMMERCIAL UPFRONT. THIS IS REALTY TITLES AND A COUPLE OF CPA'S. THEN YOU DRIVE THROUGH THAT TO GET TO -- >> EXACTLY. THERE ARE THREE DUPLEXES ON THE SIDE OF THE PROPERTY. IF MY SETBACK WAS REDUCED I'M NOT WITHIN 100 FEET OF THAT. IT'S NOT EVEN CLOSE. >> STATE YOUR NAME ADDRESS. >> 51 KNIGHT BOXX. >> THAT'S A LITTLE BIT OF THE ISSUE WE HAVE. >> I'M JUST TRYING TO GET THIS PORTION AGAINST THE POND THAT REALLY AFFECTS NO ONE. ( INDISCERNIBLE ). >> SO YOU'RE NOT TRYING TO GET IT ON THE OTHER SIDE, THE SOUTH SIDE. >> KNOW. I WOULD EVENTUALLY LIKE TO BUY THAT PROPERTY ON THE SOUTH, BUT THEY ARE WANTING TOO MUCH. TILL THIS STUFF SETTLES. >> ALL OF MY BOXES AND TRANSITION. NOW THEY ARE BECOMING SUBDIVISIONS. >> THAT IS A LITTLE INCONSISTENCY OF WHAT HAPPENED IN THE PAST. YOU LOOK TO THE NORTH OF THAT PARCEL HAVE A HAVE THINGS BUILT THROUGH THE PROPERTY LINE. YOU HAVE OFFICE BUILDINGS AND YOU HAVE THESE THREE DUPLEXES RIGHT IN THE MIDDLE OF ALL OF IT. >> I HAVE A QUESTION. >> I'M NOT SURE. YOU'RE TALKING 300 FEET? >> I DREW IT OUT. YOU CAN SEE IT. >> YOU CAN SEE IT RIGHT THERE. WHAT HAPPENS HERE,. >> IT'S NOTHING. >> BETTIS -- A GUY CALLED ME ABOUT THAT. OFFERING FOR ME TOO BUY IT FROM THEM. >> IS IT RESIDENTIAL? >> IT IS IN THE WETLANDS. IT PROBABLY, I DON'T KNOW IF THERE IS A CREEK OR A STREAM. IT BASICALLY DEFINES THE FACT PARCEL. THE BACK BOUNDARY OF THE PARCEL. IT IS VERY LIKELY THAT IT IS WET, BUT THE ZONING IS AR WHICH IS AGRICULTURAL RESIDENTIAL. >> YOU HAVE SOME WEIRD STUFF IN IT. >> WE WERE DOING IT IN THE BACK THAT IS WHERE OUR RETENTION POND WOULD GO. NO BUILDINGS AT ALL. WE JUST NEED A LITTLE PORTION AFTER THE 300 FEET TO GET TO BUILDINGS AND THEIR. -- TWO BUILDINGS AND THERE. >> THE AREA THAT IS MEASURED, THAT IS THE RESIDENTIAL? >> THAT IS PASSED BOTH 300-FOOT LONG. >> THE 125-FOOT, THAT'S RIGHT. >> THE RESIDENTIAL IS THE ONE ON [00:40:06] THE OTHER SIDE OF THE POND? >> CORRECT. >> I GUESS WHAT I WAS TRYING TO SHOW, THE WHOLE PROPERTY LINE IS 700 FEET. I DON'T NEED 300-700, I DON'T NEED THE WHOLE THING JUST THAT LITTLE PORTION. >> THE POND WOULD QUALIFY SO YOU DON'T HAVE TO WORRY ABOUT THAT. IT IS THE BUILDING SETBACK. >> THE BUILDING SETBACK IS WHAT IS CAUSING THE ISSUE. LIKE I SAID, I THOUGHT ABOUT CHANGING THE GEOMETRY AND STOPPING IT AT 300 AND TURNING AND MAKING COOL CROSS BUT I AM STOPPED 25 FEET TO THE SOUTH AND IT RUINS THE PARKING, IT RUINS IT. >> I REMEMBER WHEN WE IN THE COUNTY, WE HAD A FOUR-LANE ROAD. WE PUT A 300-FOOT ( INDISCERNIBLE ) IT WASN'T A MAGICAL NUMBER,. >> INSTEAD OF. >> BUT THAT IS THE TREND. WE ARE MOVING DOWN. >> I THINK THOSE EVENTUALLY WOULD GO AS WELL. >> HE GOT FLOODED OUT. >> OKAY, THANK YOU VERY MUCH. I WILL OPEN IT UP TO ANYONE ELSE. THEY HAVE GUNS. DOES ANYONE ELSE HAVE QUESTIONS OR COMMENTS REGARDING THIS, WILL BRING IT BACK TO THE BOARD. COMMENTS GUYS, WOULD YOU THINK? >> I WOULD LIKE TO MAKE A MOTION FOR APPROVAL. I DON'T THINK IT HURTS ANYONE, NO ONE HERE -- >> WE HAVE RECEIVED NO COMMENTS REGARDING THIS. >> I SECOND. >> I HAVE A MOTION AND A SECOND FOR APPROVAL FOR DOA 22 -- ZERO EIGHT ALL IN FAVOR SAY AYE. ALL OPPOSED? GOOD LUCK TO YOU. YOU HAVE A GREAT WEEK. NOW I WILL HAVE A SECOND PUBLIC COMMENT TIME FOR ANYONE TO TALK ABOUT -- WHEN YOU WANT TO TALK? >> ARE YOU PUBLIC, I DON'T KNOW IF YOU ARE PUBLIC OR NOT. OF ISU FOR PUBLIC COMMENT BECAUSE RIGHT NOW YOU'RE NOT AN ATTORNEY. >> RIGHT NOW I COULD COMMENT. NONE OF THIS DEALS WITH LAKE ASBERRY,. >> OFFICERS, DO YOU HAVE ANYTHING YOU WANT TO SAY? ANYONE WEEKEND PLANS WERE FIREWORKS? I WILL CLOSE THE SECOND PUBLIC HEARING AND BRING IT BACK. WHAT IS SET FOR NEXT MONTH BIG GUY? >> I KNOW WE HAVE AT LEAST ONE, OR MAYBE THREE,. >> ONE MAYBE THREE, WHAT HAPPENED TO TWO? CAN WE NEGOTIATE? >> MAYBE TWO. >> THAT JUNE 23? >> YES. >> IS THAT IT, JUNE 23. YOU KNOW, I DON'T KNOW. JUNE 23 IS MY MOTHER'S 95 BIRTHDAY. SHE AND I LIVE IN THE SAME COMMUNITY. AND HER NEIGHBORS ARE TRYING TO HAVE A BIG PARTY. >> THEY SHOULD. >> I HAD TO GO OVER LAST NIGHT TWICE BECAUSE MOM COULDN'T GET HER TV TO WORK. BUT I GUARANTEE SHE IS NOT WATCHING THIS. MAY BE WHEEL OF FORTUNE. SO, I MIGHT BE HERE BUT I MIGHT NOT. HER BIRTHDAY IS LITERALLY JUNE 23. THE FAMILY IS HAVING A BIG TO DO ON THE 25TH. >> WAS THE VICE CHAIR? >> BILL. >> AND HE IS AT HIS DAUGHTER'S GRADUATION TONIGHT. >> I DON'T CARE ABOUT HAVING MY BIRTHDAY CELEBRATED ON MY BIRTHDAY. >> THAT ONE IS SPECIAL. [00:45:05] >> 95 IS KIND OF A COOL NUMBER. SHE IS RAMBUNCTIOUS AND LIVES BY HERSELF. LATELY SHE CAN STILL DRIVE BUT SHE DOESN'T DRIVE. I DRIVE HER. SHE IS A FEISTY GIRL. SHE'S GREAT. SHE JUST CAN'T FIGURE OUT HOW TO USE HER TV. AND I JUST HAD TO BUY HER A NEW WAY. SHE HAD A MICROWAVE THAT SHE BOUGHT IN 1983 THAT HAD KNOBS. IT FINALLY DIED MAGICAL THE WALMART AND BUY HER NEW WIN AND SHE SAID WHAT DO I DO WITH THE BUTTONS. SHE WANTED THE KNOB SPIRIT I SENT ONE OF MY GRANDDAUGHTERS OVER, GO HELP NANNIE. WE WILL SEE EVERYBODY IN ONE MONTH. * This transcript was compiled from uncorrected Closed Captioning.