[CALL TO ORDER]
[00:00:07]
>>> I WILL CALL THE BOARD OF ADJUSTMENTS MEETING FOR CLAY
[APPROVAL OF MINUTES]
COUNTY TO ORDER FOR AUGUST 25, 2022.THE FIRST ITEM WE HAVE IS THE APPROVAL OF THE MINUTES OF THE LAST MEETING, THAT WAS JUNE 23, 2022.
ANY QUESTIONS OR CORRECTIONS? OR DO I HEAR A MOTION?
>> I MOVE APPROVAL. >> SECOND.
>> A MOTION AND SECOND OF APPROVAL OF SAID MINUTES.
PASSES 4-0. NEXT ITEM IS PUBLIC COMMENT.
I'LL OPEN THE FLOOR TO ANYONE FROM THE PUBLIC THAT WANTS TO SPEAK ABOUT ANYTHING ON THE AGENDA OR NOT ON THE AGENDA.
SEEING NOBODY BUT THE APPLICANT AND STAFF I'LL CLOSE IT.
[1. Public Hearing to Consider Application BOA 22-14. Variance to Article III Sec. 3-13(f) of the Land Development Code.]
I DON'T THINK THEY WANT TO TALK. THE NEXT ITEM, THAT'S THE PUBLIC HEARING FOR BLA-22-14. AND WITH THAT, I'LL SEND IT OVERBOA-22-14 IS AN APPLICATION BY MR. BOYD BROWN, THE PARCEL IS AT 2569 PINELLAS LANE. THE ZONING OF THE PARCEL IS AGRICULTURAL AND RESIDENTIAL. THE REQUEST IS TO DEGREE THE FRONT SET BACK FROM 30 FEET TO 5 FEET.
DECREASE THE SIDE SET BACK TO 5 FEET AND THE REAR SET BACK TO 5 FEET. HERE IS AN AERIAL OUTLINING THE SITE. IT'S A TRIANGLE SHAPE, WHICH IS ONE OF THE MAIN REASONS FOR THE REQUEST OF THE VARIANCE IN THE VARIOUS SET BACKS. JUST A LITTLE BACKGROUND, AS I INDICATED THE PARCEL IS ON PINELLAS LANE, APPROXIMATELY 350 FEET NORTHWEST OF BLANDING BOULEVARD.
THE PARCEL IS TRIANGLE SHAPED WITH ONE LENGTH OF 75 FEET.
ONE LENGTH 90 FEET, AND THE THIRD LENGTH 125 FEET IN LENGTH FOR A TOTAL OF 0.1 ACRES. THIS PARCEL HAS BEEN IN THIS CONFIGURATION SINCE 1974, SO IT MEETS THE TEST OF A LOT OF RECORD. HOWEVER, A LOT OF RECORD, IT ALLOWS YOU TO CONSTRUCT A RESIDENTIAL OR UNIT ON IT, IT DOESN'T RELEASE YOU FROM HAVING TO MEET THE SET BACKS.
AND PLACING A RESIDENTIAL STRUCTURE ON THIS PARCEL WHICH IS THE DESIRE OF THE APPLICANT, REQUIRES VARIANCE TO THE VARIOUS SET BACKS. STAFF FINDS THAT THE REQUESTED REDUCTION IS NOT CONSISTENT WITH THE LAND DEVELOPMENT AND SET BACKS, NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE.
HOWEVER, THERE'S CIRCUMSTANCES PARTICULAR TO THE PARCEL, THAT'S NOT THE -- STAFF IS RECOMMENDING APPROVAL OF THE REQUESTED REDUCTION IN SET BACKS. THERE ARE SIX CRITERIA FOR MEASURING VARIANCE. AND THE CODE, I'LL ADDRESS EACH ONE OF THOSE AS IT PERTAINS TO THIS PARTICULAR PARCEL.
THE FIRST CRITERIA IS, THE PARCEL AS I INDICATED IS TRIANGLE SHAPED THAT THE LENGTHS THAT YOU KNOW OF THE VARIOUS LENGTH. THE TRIANGLE SHAPE AND THE DIMENSIONS OF THE PARCEL MAKES IT DIFFICULT IF NOT NEARLY IMPOSSIBLE TO DEVELOP IT WITH -- WHILE IMPLEMENTING THE SET BACKS IN THE ZONING DISTRICT AND ABLE TO PUT A RESIDENTIAL STRUCTURE ON THERE. THE SECOND CRITERIA OF THE PARCEL, HAS BEEN HERE SINCE 74. AND SO THE SPECIAL CONDITIONS ARE NOT A RESULT OF ANY ACTION BY THE APPLICANT.
THEY'VE BEEN THIS WAY FOR A WHILE.
THE GRANTING OF THE VARIANCE TO THE SET BACKS WILL CONFER ON THE
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APPLICANT DENIED BY OTHER LANDS AND DISTRICTS IN THAT, IT'LL REDUCE THE REQUIRED SET BACKS FRONT, SIDE AND REAR.HOWEVER THE VARIANCE ALLOWS FOR THE USE OF A PARCEL FOR THE DESIRED 960 SQUARE FOOT RESIDENTIAL DWELLING UNIT.
THE REASON FOR THIS REQUIRING THE SET BACK IS NOT FOR OVERSIZED DWELLING, 960 FEET IS ON THE SMALL SIDE OF A RESIDENTIAL SQUARE FOOTAGE. THE NEXT CRITERIA, THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD MAKE IT UNBUILD BELIEVE AND DENY THE APPLICANT'S RIGHTS, BY MAKING IT UNBUILDABLE.
TO PLACE THE REQUESTED OR DESIRED 960 SQUARE FOOT DWELLING ON THE PARCEL. THE REQUESTED VARIANCE TO REDUCE THE SET BACKS BACK TO 5 FEET IS THE MINIMUM ALLOWED TO MAKE USE OF THE PARCEL FOR THE RESIDENTIAL PURPOSES.
AND I'D LIKE TO POINT OUT, ELSEWHERE IN THE CODE THAT REQUIRES A MINIMUM OF 5 FEET FOR ANY SET BACKS.
THERE'S A SECTION OF CODE THAT ALLOWS FOR CODE OF 5 FEET FOR ANY SET BACKS. THE FINAL CRITERIA, WILL ALLOW FOR THE USE OF RESIDENTIAL PURPOSES.
THE PARCEL DID PREVIOUSLY CONTAIN A RESIDENTIAL DWELLING THAT WAS DEMOLISHED IN AUGUST OF 2021.
THE GRANTING OF THE VARIANCE TO THE FRONT SIDE IS IN HARMONY WITH THE ORDINANCE AND WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE. ANY QUESTIONS FROM STAFF AT THIS
POINT? >> ARE THE HOUSES AROUND THERE, IT HAS A NEW SQUARE FOOTAGE ON THE GROUND, IS THAT CONSISTENT
WITH WHAT'S IN THE NEIGHBORHOOD? >> YEAH, A BIT ON THE SMALL SIDE BUT IT'S CONSISTENT WITH WHAT'S IN THE AREA.
>> WE DON'T HAVE THE SURVEY THAT SHOWS WHAT THE SEPARATION BETWEEN -- WE HAVE THREE PROPOSED SITE PLANS.
HOW FAR ARE THE NEIGHBORING ON THE SIDES?
>> I DIDN'T MEASURE THEM, BUT I THINK THEY MEET THE REQUIRED SET BACK. 10 TO 15 FEET FROM THEIR PROPERTY LINE TO HERE. I DON'T KNOW IF ALL OF THE THREE PARCELS HAVE A RESIDENTIAL UNIT ON THEM.
I THINK ONE IS NOT DEVELOPED. >> BEING JUST 5 FEET OFF OF PINELLAS LANE MAKE IT LOOK ODD? I KNOW THE NORMAL FRONT YARD IS 30 FEET. WILL IT LOOK LIKE IT'S SITTING
AT THE EDGE OF THE ROAD? >> IT'S GOING TO LOOK CLOSE TO THE ROAD. HERE'S THE AREA -- TO THE NORTH THE RESIDENTIAL UNIT IS FAIRLY LARGE DISTANCE.
>> THE SET BACK ON THE HOUSE, THAT WAS DEMOLISHED --
>> IT WAS BUILT PRIOR TO THE SET BACKS.
I DON'T KNOW HOW FAR -- >> I'M WONDERING HOW THIS
COMPARES -- >> IT WAS A SMALLER SQUARE FOOTAGE THAN WHAT THE DESIRE IS. IT PROBABLY ONE MUCH MORE THAN 5
FEET. >> I'LL GET HIM UP TO THE MIC.
ARE YOU MR. BOYD? COME TO THE MIC SO THE RECORDING
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SECRETARY CAN HEAR YOU. AND I NEED YOU TO STATE YOURNAME AND ADDRESS FOR THE RECORD. >> MY NAME IS BOYD BROWN, MY ADRESS 1440 -- ST. PETERSBURG, FLORIDA.
>> YOU SWEAR EVERYTHING YOU ARE ABOUT TO SAY IS TRUE.
I APOLOGIZED I CALLED YOU MR. BOYD, AND IT'S YOUR FIRST NAME.
>> I GET THAT A LOT. >> THE HOUSE THERE WAS TOO SMALL
IT WAS NOT WORTH SAVING. >> SHOW US THE SURVEY.
SO WE CAN TAKE A LOOK AT IT. IT'S A VERY ODDLY SHAPED PIECE OF PROPERTY. AND YOU'RE PUTTING UP A SQUARE RECTANGULAR EGG IN A HOLE. WITH THE SET BACKS, YOU WOULDN'T HAVE A WHOLE LOT OF ROOM TO DEAL WITH.
>> WHERE DOES THE ROAD GO TO? >> THERE'S A 10 ACRE PARCEL
THAT'S OWNED BY AN INDIVIDUAL. >> HIS DRIVEWAY?
>> HIS DRIVEWAY. >> YOU'VE GIVEN A FEW OPTIONS, DO YOU KNOW WHICH YOU WERE PLANNING TO GO WITH?
>> THE ONE -- IT'S 5 FEET ON ALL SIDES -- THIS IS THE ONE I'M
PLANNING TO GO WITH. >> THE TRIANGLE HOUSE MIGHT LOOK
NEAT. >> HAVE WE HAD ANY COMPLAINTS
FROM NEIGHBORS? >> NOTHING, NO COMMENT.
>> THE LONG PROPERTY LINE THAT'S 120 FEET, THAT ABUTS THE 10 ACRE
>> THAT PROPERTY IS VACANT. THERE'S NOTHING ON THAT SIDE OF
PINELLAS LANE AT ALL. >> OKAY.
>> BUT ON THE LEFT SIDE, THERE'S A HOME, RIGHT ON THE STREET.
>> OKAY, OKAY. >> ON THE LEFT SIDE, THE HOME IS VERY CLOSE TO THE STREET AS WELL?
>> YES, SIR. >> IS THE COUNTY AWARE THAT THE ASPHALT ROADWAY IS NOT IN THE RIGHT OF WAY?
>> IT'S A DIRT ROAD. >> ON THE SURVEY IT SHOWS
ASPHALT PAVING. >> IT'S MILLINGS I GUESS.
COMPACTED. >> WE'VE HAD A FEW OF THOSE, LOOKS LIKE AT SOME POINT SOMEONE WITH THE ODD SHAPED PIECES OF PROPERTY, YOU WOULDN'T INTENTIONALLY MAKE IT THIS WAY, BUT GOT CUT OUT OF A LARGER PIECE OF PROPERTY OR SOMETHING.
WHO HAS QUESTIONS FOR MR. BOYD BROWN?
>> IT'S AN INVESTMENT PROPERTY. I GREW UP IN LAKE -- I HAVE A BUSINESS ON THE ISLAND, I'M HERE EVERY OTHER WEEK.
>> WHAT DO YOU DO? >> [INAUDIBLE].
>> I'VE GONE TO YOUR PLACE QUITE A FEW TIMES.
EVEN THE AT&T GUYS SAY TO GO TO YOU.
YOU'RE VERY GOOD. >> IT'S CHALLENGING RUNNING A
COMPANY FROM 200 MILES AWAY. >> I MOVE APPROVAL OF --
>> 202-14. IS THAT CLOSE ENOUGH?
>> A SECOND. A MOTION AND SECOND OF APPROVAL OF 2022-14. ANY OTHER QUESTIONS?
>> I HAVE ONE. IF WE GRANT THIS, IF HE WANTS TO BUILD A SHED OR ACCESSORY STRUCTURE, DOES THAT HAVE TO
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COME BEFORE US AGAIN? >> IT HAS TO MEET THE 5 FOOT SET BACK. AS LONG AS -- HE WOULDN'T HAVE
TO COME BACK. >> THE TOTAL COVERAGE OF THE PLOT PROBABLY FORCE HIM TO COME BACK.
IT'S A SMALL PLOT. TOO MUCH COVERAGE.
>> THE 35% OF -- >> I BELIEVE --
>> SO IT WOULD BE CHALLENGING. A 35% MAXIMUM LOT COVERAGE FOR A BUILDING. WHAT HE'S SAYING, IF YOU DECIDE TO BUILD A 20 BY 20 GARAGE ON THE SIDE OF IT, HALF OR MORE IS
>> BUT I DON'T KNOW IF 30% IS IN AR --
>> IN AR, WE DON'T HAVE A LOT CODE.
BUT A LOT SIZE. >> DOES THAT ANSWER --
>> YEAH. >> A MOTION AND A SECOND, ALL IN FAVOR? ALL OPPOSED.
IT PASSES 4-0. MAY THE FORCE BE WITH YOU, GOOD LUCK. ANYTHING ELSE TO COME BEFORE THIS BOARD? ANYTHING ON THE DOCKET FOR NEXT
>> SO WE ALL GET TOGETHER FOR 18 MINUTES, 16 MINUTES.
I HAVE TO OPEN IT UP TO SECOND PUBLIC COMMENT.
STAY SEATED, NOW I'M CLOSING IT. THESE YOUNG MEN DON'T H
* This transcript was compiled from uncorrected Closed Captioning.