[CALL TO ORDER]
[00:00:04]
>> GOOD EVENING. WELCOME TO THE JANUARY 26, 2023 BOARD OF ADJUST MGHTS MEETING. WE WILL CALL THE MEETING TO
[APPROVAL OF MINUTES]
ORDER. AND WE START WITH THE APPROVALOF MINUTES FROM LAST MONTH. >> MOVE APPROVAL.
>> SECOND. >> MINUTES HAVE BEEN APPROVED.
WE WILL MOVE ON TO A SEGMENT CALLED PUBLIC COMMENT.
WHERE ANYBODY IN THE AUDIENCE CAN COME UP AND TALK ABOUT ANYTHING NOT RELATED TO THE CASES TONIGHT.
>> YOU WOULD LIKE TO COME UP, RAISE YOUR HAND.
COME UP. SEEING NO ONE GETTING UP, WE
[1. Public Hearing to consider Application BOA 22-20; Variance to allow accessory structure to be located in front yard in AG zoning district. (Cont. from Dec.)]
WILL MOVE ON TO THE PUBLIC HEARINGS.WE WERE STARTING THE APPLICATION BOA2220 IS.
THAT CORRECT? WE WILL HEAR FROM STAFF FIRST.
>> YEAH. MR. CHAIRMAN, BOA COMMITTEE, THIS IS A CONTINUATION FROM YOUR DECEMBER MEETING.
AND JUST TO GIVE YOU A BRIEF SUMMARY, THE APPLICANT IS THOMAS BRENNAN AND CEASELEY RUSSELL. CECILEE RUSSELL.
LAZY ACRES ROAD. BRANNAN FIELD PUD.
A FUTURE LAND USE WITH THE ZONING OF AGRICULTURE.
THE REQUEST IS TO ALLOW AN ACCESSORY STRUCTURE LOCATED IN THE FRONT YARD OF A LOT LESS THAN ONE ACRE IN SIZE IN THE AGRICULTURE ZONING DISTRICT. LET ME EXPLAIN THE DIFFERENCE, WHY IT FALLS INTO THE AGRICULTURE ZONING DISTRICT.
THIS PARCEL WAS CREATED PRIOR AND PLATTED PRIOR TO THE ADOPTION OF THE MASTER PLAN. AND BECAUSE OF THAT, IT FALLS UNDER THE PREVIOUS ZONING DESIGNATION, WHICH IS AGRICULTURE. THERE IS AN AERIAL OF IT.
I DON'T KNOW HOW MUCH MORE CONTINUATION YOU WANT FROM STAFF
AS IT RELATES TO A SUMMARY. >> MAYBE IT IS A BRIEF SUMMARY OF WHAT WENT ON. BECAUSE IT WAS A MONTH AGO.
>> WELL, AGAIN, THE APPLICANT DESIRED TO PLACE AN ACCESSORY STRUCTURE IN THE FRONT YARD. PARCEL IS LESS THAN ONE ACHIER IN SIZE. AND THAT IS PROHIBITED ON WATERFRONT PARCELS LESS THAN ONE ACRE IN AGRICULTURE ZONING DISTRICT. THERE WAS DISCUSSION AMONG THE BOARD REGARDING THE SIZE OF THE ACCESSORY STRUCTURE, AND I BELIEVE YOU REQUESTED THE APPLICANT TO TRY TO SEE IF HE NEEDED SOMETHING THAT SIZE AND ALSO MAYBE TRY TO GET SOMETHING FROM HIS NEIGHBORS AS TO WHE WHETHER... THEIR FEELING ON IT.
>> OKAY. ANYTHING ELSE FOR STAFF? ANY QUESTIONS? IF THE APPLICANT WOULD STEP FORWARD. GET SWORN IN.
AND WE DO HAVE TO REMEMBER TO SPEAK INTO THAT MICROPHONE, PLEASE. OR THAT RED LIGHT COMES ON AND WE HAVE TO FUSS AT YOU. FIRST DO YOU SOLEMNLY SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
>> WHAT HAVE WE DONE SINCE LAST MONTH?
>> WELL, ONE OF THE OTHER REQUESTS THAT YOU HAD WAS TO COME UP WITH A RENDERING BECAUSE YOU DIDN'T WANT A BUTLER BUILDING-LOOKING BUILDING OUT IN THE FRONT YARD.
AND I ASSURED YOU THAT THAT WASN'T GOING TO HAPPEN.
PROBABLY ONE OF THE NICER-LOOKING HOUSES ON THE STREET. WE ARE NOT GOING TO DESTROY THE VALUE OF THE HOUSE THAT WE PURCHASED A YEAR AND A HALF AGO.
WE DID COME UP WITH A RENDERING WHICH I DID EMAIL TO YOU.
THIS IS WHAT IT LOOKS LIKE IN THE FRONT YARD.
YOU REQUESTED LETTERS FROM OUR NEIGHBORS, WHICH WE DID GET.
THEY SIGNED OFF ON IT. THEY HAVE NO PROBLEM AT ALL WITH WHAT WE WANT TO DO. I ALSO PUT A SMALL POWER POINT PRESENTATION TOGETHER, JUST KIND OF POINTING OUT SOME OF THE OTHER HOMES ALONG LAZY ACRES DRIVE THAT HAVE ACCESSORY STRUCTURES IN THE FRONT YARD. WHETHER THEY WERE PERMITTED OR NOT IS A GOOD QUESTION. I DON'T KNOW IF THAT...
>> I WAS NOT PROVIDED WITH THAT. I APOLOGIZE.
WITH THAT POWER POINT. >> THAT IS UNFORTUNATE.
TOOK A LOT OF TIME TO PUT THAT TOGETHER.
SO I COULD PASS THIS AROUND TO YOU, IF YOU WOULD LIKE.
THERE IS ABOUT 12 SLIDES. THE FIRST FOUR OR FIVE ARE OTHER ACCESSORY STRUCTURES IN THE FRONT YARDS.
[00:05:01]
AS YOU KNOW, THE REQUESTED STRUCTURE WAS GOING TO BE BIG ENOUGH TO STORE AN R.V. THERE ARE ALSO A COUPLE OF PICTURES OF R.V.'S THAT ARE STORED IN FRONT YARDS ON LAZY ACRES DRIVE WHICH, TO ME, IS KIND OF AN EYESORE.WE ARE TRYING TO HIDE THINGS INTO A BUILDING AND MAKE IT LOOK
NICE. >> I MIGHT TAKE A LOOK AT IT.
>> THE LAST FEW WOULD BE SOME OF THE HOUSES ALONG... SOME OF THE HOUSES ALONG LAZY ACRES. THEY HAVE ALL KIND OF CLUTTER IN THEIR YARDS. WHEN YOU GET TO LOOK THROUGH THEM, YOU WILL BE AMAZED AT HOW TERRIBLE SOME OF THE YARDS LOOK.
I DON'T KNOW IF YOU GUYS HAVE HAD THE OPPORTUNITY TO DRIVE DOWN THE ROAD, BUT THERE IS A LOT OF NOT SO DESIRABLE PROPERTIES THAT WE HAVE TO DRIVE BY EVERY DAY IN AND OUT OF T THE... TO OUR HOMES. AS WELL AS A LOT OF OUR NEIGHBORS. AND WE ARE TRYING TO KEEP IT WHERE EVERYTHING IS INSIDE A STRUCTURE SO WE DON'T HAVE ALL
GIVE US A COUPLE OF MINUTES TO LOOK AT THIS.
>> JUST REMEMBER, WE CAN'T LOOK AT THE REST OF THE NEIGHBORHOOD AND SAY THAT THEY HAVE THIS BECAUSE I HAVE BEEN ON THIS BOARD MYSELF ALMOST 20 YEARS. KEITH SAT HERE LAST MONTH, ABOUT 21 YEARS. WE HAVE APPROVED NOTHING OUT THERE. SOME OF THOSE THINGS THAT ARE BUILT MAY NOT BE EVEN LEGAL. HAVE YOU CHANGED THE SIZE ANY FROM WHEN YOU WERE HERE LAST TIME?
>> I WENT AHEAD AND GOT IT RENDERED.
WHAT WE WERE TRYING TO DO. IT IS AN R.V. ON ONE SIDE.
A THREE-CAR GARAGE ON THE OTHER SIDE.
THE SIDE PART OF IT. THERE IS GOING TO BE A MEZZANINE SO I CAN GET MY TOOLS AND INVENTORY FOR HIS BUSINESS...
FOR MY BUSINESS OUT OF FLOOD'S WAY.
IT IS AN AREA OFF OF BLACK CREEK.
IT IS PRONE TO FLOOD. >> ANY OTHER QUESTIONS FOR THE
THIS IS A LETTER FROM ONE OF YOUR NEIGHBORS.
>> YES. THERE SHOULD BE TWO LETTERS.
ONE FROM A NEIGHBOR ON EACH SIDE OF US.
>> THAT LETTER IS FOR A DIFFERENT PROPERTY.
>> OKAY. I DIDN'T GET THAT ONE.
>> I DON'T HAVE THE LETTERS EITHER, THEN.
>> YOU DON'T HAVE THE LETTERS EITHER?
>> NO. >> I DID FORWARD THAT ALL TO CHRISTIE. HERE IS TWO COPIES.
>> I DO HAVE AN ADDITION HERE. >> I THOUGHT IT WAS CHRISTIE.
I HAVE TO LOOK BACK IN MY NOTES. BUT...
I CONSISTENT RENDERING SO, YOU KNOW, EVERYBODY COULD SEE IT UP ON THE SLIDE AND ALL OF THAT. WHATEVER.
>> IF I COULD ASK YOU JUST TO MAKE... LET'S SEE.
SO THESE ARE LOOKING AT THE ADDRESSES.
THESE ARE THE PEOPLE ON EITHER SIDE OF YOU.
>> CORRECT. >> I DON'T HAVE ANY FURTHER QUESTIONS. THAT IS ALL.
WE HAVE NO FURTHER QUESTIONS. DISCUSSION?
>> I THINK HIS REPPED... RENDERING IS A NICE VIEW.
AND LEGAL OR ILLEGAL, I DO AGREE IT LOOKS NICER PUTTING YOUR R.V.
AND OTHER EQUIPMENT IN A BUILDING VERSUS THE OTHER...
UNLESS SOMEBODY HAS ANY OTHER COMMENT.
I WOULD MAKE A MOTION TO APPROVE 22-20.
WE HAVE A MOTION TO APPROVE. >> DO WE NEED TO DO A PUBLIC HEARING ON THIS ONE SPECIFICALLY?
>> YOU HAVE TO DO ONE ON EACH ITEM STILL.
>> WE HAVE NEVER DONE THAT BEFORE.
[00:10:01]
>> YOU DON'T MEAN THE ONE TO START THE MEETING.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS PARTICULAR ITEM? OKAY.
WE WILL MOVE FORWARD. >> SO I REPEAT IT.
MAKE A MOTION TO APPROVE 22-20 AS SUBMITTED.
>> OKAY. AS SUBMITTED, THAT WOULD MEAN USING THAT RENDERING THAT IS THE BUILDING THAT WE ARE APPROVING.
NOTHING ELSE THAN WHAT THAT LOOKS LIKE THERE.
YOU KNOW, IF THE PEOPLE ON EITHER SIDE DON'T HAVE AN ISSUE WIT, I DON'T HAVE AN ISSUE WITH IT EITHER.
I AGREE IT IS PROBABLY BETTER THAN BEHIND THE HOUSE WHERE IT WOULD BLOCK THE LAKE VIEW. I'LL SECOND.
ALL THOSE IN FAVOR, SAY IEVMENT. >> AYE.
>> OPPOSED? YOU ARE GOOD TO GO.
VOTE CARRIES 4-0. >> THANK YOU FOR DOING YOUR
[2. Public Hearing to consider Application BOA 22-21; Variance to reduce side setback in AR-2 zoning district.]
WE WILL MOVE ON TO APPLICATION 20-22-21.WE WILL HEAR FROM SETH. >> MR. CHAIRMAN, BOA22-21 IS AN APPLICATION BY BRIAN AND ERICA CANOVA.
THE LOCATION IS 5998... THE FUTURE LAND USE OF RURAL RESIDENTIAL. THE REQUEST IS TO REDUCE THE SIDE SETBACK FROM TEN FEET TO THREE FEET IN A REAL ESTATE ZONING DISTRICT. HERE IS AN AERIAL OF THE PARCEL.
IT IS A LONG NARROW PARCEL. ONE SIDE ON STATE ROAD 16 WEST.
AND IT HAS WATERFRONT ON LAKE... KINGSLEY LAKE.
NOW, THE PARCEL IS PART OF THE JM EDWARDS SUBDIVISION WHICH WAS PLATTED AND RECORDED IN 1949. AND AGAIN, THAT IS PRIOR TO ANY ZONING REQUIREMENTS IN THE COUNTY.
PARCELS IS APPROXIMATELY 97 FEET OF FRONTAGE ON STATE ROAD 16 WEST. AND APPROXIMATELY 123 FEET OF WATERFRONT ALONG KINGSLEY LAKE. THERE IS AN EXISTING GARAGE ON THE PARCEL WHICH THE APPLICANT WISHES TO CONVERT TO A REC ROOM.
THAT CONVERSION WOULD NOT RESULT IN ANY EXPANSION OF THE STRUCTURE. ALL THE CHANGES WOULD BE INTERNAL. THE GARAGE IS LOCATED THREE FEET FROM THE PROPERTY LINE. FROM THE NORTHERN PROPERTY LINE.
INFORMATION FROM THE PROPERTY APPRAISER INDICATES THAT THE GARAGE WAS IN PLACE IN 1946. PRIOR AND AGAIN, PRIOR TO ADOPTION OF ANY SETBACK REQUIREMENTS IN THE ZONING IN THE COUNTY. STAFF FINDS THAT THE REQUESTED VARIANCE TO REDUCE THE SIDE SETBACK IN THE AR-2 ZONING DISTRICT IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE.
HOWEVER, THE EXISTING STRUCTURE HAS BEEN IN THE PRESENCE LOCATION SINCE 1946 AND STAFF BELIEVES THAT REQUIRING THE MOVEMENT OF THIS STRUCTURE BEFORE A CONVERSION TO A RECREATION ROOM PROVIDES A HARDSHIP AND RECOMMENDS APPROVAL OF THE REQUEST TO REDUCE THE SIDE SETBACK ON THE NORTHERN PROPERTY LINE TO THREE FEET. AND ONLY FOR THIS EXISTING...
FOR THE EXISTING STRUCTURE. LOOKING AT THE CAY TIER YEAH FOR A VARIANCE, AS I INDICATED, THE GARAGE HAS BEEN IN THAT LOCATION SINCE 1946. THREE FEET FROM THE PROPERTY LINE. AND THE LOCATION OF THE EXISTING GARAGE IS NOT RESULTING IN ANY ACTION BY THE APPLICANT.
THE GRANTING OF THE VARIANCE WOULD CONFER ON THE APPLICANT A PRIVILEGE DENIED TO OTHER PROPERTIES WITH THE SETBACK.
THE LITERAL INTERPRETATION ORDINANCE WOULD NOT DEPRIVE THE APPLICANT RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE SAME ZONING DISTRICT. HOWEVER, THE EXISTING STRUCTURE WAS PLACED IN THE PRESENT LOCATION PRIOR TO SETBACK REQUIREMENTS IN THE COUNTY ZONING REGULATIONS.
THE LITERAL INTERPRETATION WOULD ALLOW FOR THE CONTINUED USE AND MAINTENANCE... THE CONTINUED USE AND MAINTENANCE OF THE STRUCTURE AS A GARAGE. THE VALUE AND... THE VALUE OF THE IMPROVEMENTS REQUIRE... WOULD REQUIRE COMING INTO
[00:15:04]
COMPLIANCE WITH THE CODE AND THUS, THE REASON FOR THE REQUESTED VARIANCE. THE REQUESTED VARIANCE TO REDUCE THE SIDE SETBACK IS THE MINIMUM VARIANCE REQUIRED TO BE ABLE TO UNDERTAKE THE IMPROVEMENTS DESIRED TO THE EXISTING ACCESSORY STRUCTURE. THE GRANTING OF THE VARIANCE WILL ALLOW FOR THE CONVERSION OF THE EXISTING GARAGE TO A REC ROOM BECAUSE THE EXISTING STRUCTURE IS IN EXISTENCE AT ITS PRESENT LOCATION SINCE 1946, THE GRANTING OF THE VARIANCE SHOULD NOT BE INJURIOUS OR OTHERWISE DETRIMENTAL TO PUBLIC HEALTH.ANY QUESTIONS OF STAFF AT THIS POINT?
>> OKAY. THERE IS A SITE PLAN SHOWING THE LOCATION OF IT IN RELATION TO THE... TO THE PROPERTY LINE.
>> SO THEN ESSENTIALLY, THIS IS JUST REPLACING ANOTHER STRUCTURE
IT IS JUST KEEPING THAT SAME STRUCTURE, THE SAME FOOTPRINT,
SAME LOCATION. >> SAME STRUCTURE.
THEY ARE JUST MODIFYING IT. >> THEY ARE JUST GUTTING IT,
>> OKAY. IS THE APPLICANT HERE? WOULD YOU PLEASE COME UP? STATE YOUR NAME, FOR THE RECORD,
PLEASE AND ADDRESS. >> BRIAN CANOVA.
>> ADDRESS? >> 5998 PUBE LOW COURT.
... PUEBLO COURT. >> DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
>> GIVE US YOUR STORY. WHY SHOULD WE APPROVE THIS?
>> WELL, THIS PROPERTY HAS BEEN IN OUR FAMILY SINCE AT LEAST THE 40S. MY GRANDFATHER OWNED THIS PARCEL AND THE TWO ADJACENT PARCELS WHICH WERE SPLIT BETWEEN THREE BROTHERS. TWO OF THE BROTHERS ARE NOW DECEASED. AND MY DAD IS STILL LIVING, BUT WE LIVED IN THIS PARCEL IN QUESTION TODAY.
WE GREW UP THERE. IT WAS GIVEN TO MY FAMILY AS A GIFT FROM MY FATHER. HE IS NO LONGER THERE AS A PRIMARY RESIDENCE. WE USE IT FOR FAMILY COMING IN, FOR SPENDING TIME ON THE LAKE. WE LIVE PRIMARILY OVER AT DEWBERRY. WE WANTED TO DO... WE HAVE HAD AN AIR STREAM TRAILER OUT THERE FOR A NUMBER OF YEARS.
AND SO WE ARE WANTING TO MOVE THAT.
OFF THE PROPERTY. WE HAVE ANOTHER PLACE WHERE WE COULD GATHER, WHEN WE ARE COMING OUT THERE WITH FAMILY.
THE HOME STILL CONTAINS A LOT OF STUFF OF MY PARENTS.
IT HASN'T BEEN CLEANED OUT. AS FAR AS SPACE TO BE USED ON A ROUTINE BASIS. WE WOULD LIKE TO REDO THE GARAGE. KEEP THE SAME FOOTPRINT.
OBVIOUSLY, WE WOULD UPDATE THE OUTSIDE.
WE WOULDN'T LEAVE IT AS IS. WE ARE HAVING AN ARCHITECT COME OUT. HE IS GOING TO DRAW UP SOME PLANS FOR US. BASICALLY, THE IDEA IS TO UPDATE IT, MAKE IT USABLE, MAKE IT FUNCTIONAL.
CLEAN IT OUT. THE PROPERTY LINE IS A LITTLE BIT UNUSUAL THERE. AS I SAID BEFORE, IT WAS PART OF ONE PROPERTY THAT HAD THREE HOMES ON IT.
THERE IS A FENCE THERE. THAT FENCE LINE WAS KIND OF AN ARBITRARY DIVISION MADE BY, I THINK, MY GAND FATHER TO AN UNCLE, AND THEN IF YOU ACTUALLY SEE THE PLAN, IT KIND OF BUMPS OUT INTO THE NEIGHBOR'S YARD THERE.
TO ACCOMMODATE THE GARAGE. THAT WAS DEEDED TO US TO MAKE SURE THAT THERE WOULDN'T BE PROBLEMS IN THE FUTURE.
ANYWAY, WHEN WE STARTED LOOKING INTO THIS, WE CAME ACROSS THE SETBACK. WE WANTED TO TO MAKE SURE WE DO THINGS THE RIGHT WAY. THAT IS WHY WE WENT THROUGH THIS PROCESS. AFTER TALKING TO OUR CONTRACTOR AND THE ARCHITECT. ABOUT THE BEST WAY TO DO IT.
IF THERE ARE ANY QUESTIONS YOU HAVE, I WOULD BE HAPPY TO
ANSWER. >> ANY QUESTIONS FOR THE APPLICANT, GUYS? NO? OKAY. NO QUESTIONS.
>> THANK YOU. >> DISCUSSION? OH. ANYBODY IN THE AUDIENCE WANT TO SPEAK FOR OR AGAINST THIS? OKAY.
SEEING NO ONE, WE WILL MOVE FORWARD.
>> IF NOTHING IS CHANGING, I DON'T SEE WHY.
YOU KNOW WHAT I MEAN? HE IS JUST CLEANING IT UP.
THAT IS FINE WITH ME. >> ANY TIME SOMEBODY IS GOING TO IMPROVE SOMETHING THAT IS ALREADY THERE, I... OR PUT MONEY INTO IT AND DO WORK ON IT AND HAVE IT TO CURRENT CODES, AND NOT JUST DO THE WORK LIKE MOST PEOPLE WOULD DO WITHOUT EVEN GETTING A PERMIT, I THINK THAT IS KIND OF A WIN-WIN FOR EVERYBODY. I WOULD LIKE TO MAKE A MOTION
[00:20:01]
>> OKAY. WE HAVE A MOTION AND A SECOND.
ALL THOSE IN FAVOR, SAY AYE. >> AYE.
WHERE IS THE NEXT ONE? WE WILL MOVE ON TO BOA2222.
[3. Public Hearing to consider Application BOA 22-22; Variance to allow placement of an accessory structure in the front yard on a lot less than one acre in size in AR zoning district.]
>> OKAY. THAT IS NOT ON MY COPY.
>> THERE IS A LETTER THAT YOU HAVE AT YOUR SEAT.
FROM A NEIGHBOR. REGARDING THIS.
THIS PETITION. THE APPLICANT FOR THIS REQUEST IS TERENCE AND CYNTHIA HORAN. THE PARCEL IS 1947 LAKESHORE DRIVE WITH THE ZONING OF AGRICULTURE RESIDENTIAL AR.
AND FUTURE LAND USE OF RURAL FRINGE.
THE REQUEST TO ALLOW PLACEMENT OF AN ACCESSORY STRUCTURE IN THE FRONT YARD OF A PARCEL LESS THAN ONE ACRE IN AN.
A R. ZONING DISTRICT. HERE IS AERIAL OF THE PARCEL.
OF THE SUBJECT PARCEL. AND THE PARCEL IS LOCATED ON DOCTOR'S LAKE WITH ROAD FRONTAGE ON LAKESHORE DRIVE.
THERE IS 115 FEET OF FRONTAGE APPROXIMATELY ON LAKESHORE DRIVE. 71 FEET OF WATERFRONT FRONTAGE ON DOCTOR'S LAKE. THE PARCEL IS 0.6 ACRES IN SIZE.
THE PARCEL IS LOCATED IN THE SUBDIVISION WHICH WAS PLATTED IN 1948. AND THE APPLICANT WISHES TO PLACE A 40-FOOT BY 12-FOOT ACCESSORY STRUCTURE IN THE FRONT YARD OF THE PARCEL. STAFF FINDS THAT THE REQUESTED VARIANCE TO PLACE AN ACCESSORY STRUCTURE IN THE FRONT YARD ON A LOT SMALLER THAN ONE ACRE IN THE.
A R. ZONING DISTRICT IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND STAFF RECOMMENDS DENIAL OF THE VARIANCE. GOING OVER THE CRITERIA FOR A VARIANCE, AS I INDICATED, THE PARCEL WAS PLATTED LESS THAN ONE ACRE IN SIZE WHICH IS THE MINIMUM REQUIRED FOR... IN THE.
A R. ZONING DISTRICT. THAT IS IN THE CATEGORY.
HOWEVER, THE PARCEL WAS PLATTED IN 1948.
PRIOR TO ADOPTION ZONING REGULATIONS.
THERE IS NO SPECIAL CIRCUMSTANCES, DESIRE TO PLACE THE STRUCTURE IN THE FRONT YARD IS THE DESIRE OF THE APPLICANT.
THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DENY THE APPLICANT THE RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS. NO EVIDENCE THAT IT WOULD PREVENT THE DESIRED ACCESSORY STRUCTURE FROM BEING PLACED IN THE REAR OR SIDE YARD OF THE SUBJECT PARCEL.
THE REQUESTED VARIANCE IS NOT THE MINIMUM VARIANCE.
THE PARCEL IS ALREADY UTILIZED FOR THE BENEFICIAL USE OF A SINGLE-FAMILY RESIDENCE. THE GRANTING OF THE VARIANCE WILL ALLOW FOR THE PLACEMENT OF A 4-FOOT BY 20-FOOT ACCESSORY STRUCTURE IN THE FRONT YARD OF THE SUBJECT PARCEL.
ALL APPLICABLE SETBACKS WOULD BE REQUIRED TO BE MET.
INCLUDING THE 30-FOOT REQUIRED SETBACK.
AND THAT WOULD PROBABLY GO A... A WAYS INTO MINIMIZING IT VERSUS THE EFFECTS OF THE STRUCTURE IN THE FRONT YARD.
THE GRANTING OF THE VARIANCE SHOULD NOT BE INJURIOUS OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
ANY QUESTIONS OF STAFF? >> NOPE.
REMIND YOU THAT THERE IS A LETTER FROM THE NEIGHBOR IN SUPPORT OF THE REQUESTED VARIANCE.
>> IS THE APPLICANT OUT HERE? WILL YOU PLEASE STEP UP IF YOU
I WAS TOLD TO HAVE SOMETHING READY FOR EVERYBODY.
THERE IS SIX PACKETS FOR YOU GUYS.
ALL IDENTICAL. THEY HAVE NOT ONLY THE LETTER THAT YOU HAVE BUT THE LETTER FROM THE OTHER NEIGHBOR ON THE
[00:25:01]
OTHER SIDE AS WELL. >> FIRST, NAME AND ADDRESS,
PLEASEMENT. >> TERRENCE AND CYNTHIA HORAN.
>> DO YOU SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE
>> ALL RIGHT. >> I THINK I MAY HAVE OVERDONE
IT ON THE PACKET. >> WHY SHOULD WE ALLOW THIS AND WHAT'S GOING ON? IT IS A BIG ASK.
YOU ONLY HAVE .6 OF AN ACRE. THE ORDINANCE IS ONE ACRE.
>> I WAS A LITTLE SURPRISED MYSELF.
I DON'T KNOW IF YOU ARE FAMILIAR WITH LAKESHORE DRIVE ALONG THE SOUTH EDGE OF DOCTOR'S LAKE. WE JUST MOVED IN THERE LAST YEAR.% WE BOUGHT THE HOUSE THERE.
IT IS KNOWN AMONG THE NEIGHBORS AS THE GINGERBREAD HOUSE.
IT IS AN OLD BROWN-COLORED, WE STARTED PAINTING IT BLUE.
CRAFTSMAN-STYLE HOME. AND WE WOULD LIKE TO KEEP THAT HOME AS IS. WE ARE ADDING A LITTLE BIT TO THE BACK OF THE HOUSE FOR SPACE. BECAUSE IT IS REALLY SMALL.
BUT IT IS... IT HAS A LOT OF HISTORY BEHIND IT.
IF YOU ARE UNAWARE, THAT HOUSE WAS ACTUALLY BUILT AND WAS IN ANDALE. IT WAS BUILT IN 1945.
IN 1973, THEY TOOK ROOF OFF OF IT, TRUCKED IT OVER TO THIS PIECE OF PROPERTY AND FLOATED THE HOUSE ITSELF DOWN THE RIVER TO GET IT TO THIS PROPERTY. IT IS A COOL LITTLE CRAFTSMAN-STYLE HOME. WE KIND OF LOVE IT.
I GREW UP IN A HOME ON LONG ISLAND LIKE THIS.
BECAUSE THAT HOUSE IS KIND OF SMALL AND KIND OF NARROW, FROM THE STREET VIEW, YOU CAN STILL SEE THE LAKE AND THE TREES AND JUST THAT... WE HAVE SOME PICTURES THERE.
WHICH I THINK SA HUGE ENHANCEMENT TO NOT ONLY THE NEIGHBORS BUT THE PEOPLE THAT CONSTANTLY USE THAT ROAD FOR EXERCISE AND BIKING AND WALKIN THEIR DOGS.
ALL THAT KIND OF STUFF. WE ARE TRYING TO MINIMIZE.
THAT WITH THE SURVEYS THAT YOU HAVE, I GAVE YOU THREE DIFFERENT SURVEYS. THE ORIGINAL, WHAT WE ARE TRYING TO DO WITH THE HOUSE, TO INCLUDE WHERE THE GARAGE IS GOING TO GO.
AND WITHOUT, AS YOU CAN SEE IN SOME OF THE PICTURES, THE PREVIOUS OWNER HAD A CARPORT. IT WAS LIKE A 35 BY 20 CARPORT.
AND AN OLD DILAPIDATED SHED WHICH IS BEHIND THAT THING.
BOTH OF THEM ARE COMPLETE EYESORES.
AS SOON AS WE CAN GET A GARAGE BUILT THAT WE CAN STORE OUR STUFF IN, WE CAN GET RID OF THAT STUFF.
IT WILL BE A BEAUTIFUL VIEW FROM THE ROAD ALL THE WAY BACK AS WELL. SOME OF THIS... THE ISSUES WITH BUILDING ANYTHING IN THE BACKYARD IS REALLY AN EYESORE, TOO, TO OUR NEIGHBORS. AND THEIR VIEW OF THE LAKE.
WE ARE TRYING TO BE THE GOOD NEIGHBORS.
WE DON'T WANT TO DO THAT TO THOSE FOLKS.
THE REASON I PICKED THAT SPOT FOR THE GARAGE IS BECAUSE I THOUGHT IT WOULD HAVE MINIMAL IMPACT ON THE LAND ITSELF, THE VIEW FROM THE NEIGHBORS, THE VIEW FROM THE STREET, AND THE 40-FOOT SOUNDS LIKE A LARGE... IT IS REALLY NOT.
AS A MATTER OF FACT, I MINIMIZED IT.
WE MADE IT 12 FOOT WIDE. THE USE OF THAT GARAGE IS REALLY FOR... IN CASE WE HAVE A HURRICANE.
MY WIFE'S CAR CAN DRIVE IN FROM THE END.
WE ARE NOT PARKING A LOT OF CARS IN THERE.
S IF FOR LAWN MOWERS AND YARD STUFF AND GENERAL STORAGE BECAUSE THE HOUSE HAS ZERO STORAGE.
THAT IS ONE OF THE DOWNFALLS OF THE OLD CRAFTSMAN STYLE HOMES.
THERE ARE A LOT OF HOUSES ALONG THAT ROAD THAT HAVE STRUCTURES IN THE FRONT YARD. I DON'T KNOW IF THEY ARE THERE ON PURPOSE OR NOT. OR WHAT THE SIZE OF THE LOTS ARE. SOME OF THEM SEEM SMALLER.
I HAVE KNOW A NEIGHBOR COUPLE DOORS DOWN HAS A HUGE LOT.
HE CAN PUT WHATEVER HE WANTS ON THAT THING.
I GUESS WHAT I'M SAYING IS IT IS NORMAL TO HAVE STRUCTURES IN THE FRONT YARD ALL ALONG THAT ROAD. I DIDN'T WANT TO BRING IN PICTURES AND PINT OUT MY NEIGHBORS AND SAY, HEY, WHAT IS HE DOING WITH THAT. I DIDN'T TAKE PICTURES OF THAT.
YUP. I THINK I COVERED EVERYTHING.
>> OKAY. DO WE HAVE ANY QUESTIONS OF THE APPLICANT? I KNOW YOU DO.
>> WELL, WE NOTICED SOMEBODY MAY HAVE GOTTEN AHEAD.
IS THE SLAB ALREADY POURED? >> THE CONCRETE SLAB POURED?
>> YEAH. HERE IS WHAT HAPPENED WITH.
THAT I CAME TO THE ZONING. AND THE PERMITTING OFFICE.
I ASKED THEM IF ALL THIS WAS GOOD TO GO.
THEY SAID, YEAH, YOU HAVE TO GET A PERMIT.
I WENT THROUGH THE CODES ON-LINE.
AND IN THE CODES, FOR. A R., IT DOESN'T SAY ANYTHING ABOUT A FRONT YARD. IT SAYS A SETBACK.
I DON'T KNOW IF YOU CAN READ THE SMALL WRITING ON THE MAPS THERE.
I EXCEEDED THE SETBACK FROM THE SIDE AND FRONT YARD.
I HAVE 37 FEET FROM THE FRONT FENCE.
AND I GOT EIGHT FEET FROM THE SIDE FENCE.
I EXCEEDED ALL OF. THAT THINKING I WAS GOOD TO GO.
GET THE THING POURED. THEN I WAS GOING TO GO DOWN TO THE PERMITTING OFFICE AND SAY LOOK, I HAVE THIS SLAB THAT HAS THE ONE-FOOT WITH REBAR ON ALL ENDS BECAUSE THAT WAS A REQUIREMENT OF THE BUILDING THAT WE WERE GOING TO BUILD.
SO THAT I HAD ALL MY DUCKS IN A ROW.
AS SHE WAS GOING THROUGH THE STUFF, SHE GOES, OH, WAIT.
YOUR PROPERTY IS ONLY .6. I THOUGHT I READ THROUGH EVERYTHING. THAT PARTICULAR REQUIREMENT ISN'T IN THE. A R. SECTION.
IT IS IN, LIKE, THE FIRST PAGE OR SOMETHING.
LIKE, 40 PAGES BEFORE THE. A R. SECTION.
YEAH. I WAS TOTALLY... THAT WAS TOTE MY ON ME. I MISSED THAT.
I WENT STRAIGHT TO THE ZONING AREA.
[00:30:01]
OTHERWISE, WE WOULDN'T BE HERE. >> GOTCHA.
MOST ZONING AREAS DON'T ALLOW STRUCTURES IN THE FRONT YARD.
>> THERE ARE... >> I KNOW THERE ARE SOME.
>> THERE ARE SOME. AND HE IS CORRECT.
THAT IS ONE OF THE MANY THINGS WE ARE TRYING TO CORRECT.
WE UPDATE THE CODE. THAT THERE ARE, FOR THOSE DISTRICTS THAT ARE SMALLER THAN ONE ACRE IN SIZE, THAT SECTION IS NOT IN THE INDIVIDUAL ZONING DISTRICTS.
>> RIGHT. >> IT IS... THEY GROUPED IT.
BECAUSE THERE IS MULTIPLE ZONING DISTRICTS THAT APPLIES TO.
I CAN ONLY ASSUME AT THE TIME, THEY WERE TRYING TO SAVE PAPER AND MOVED IT TO A SINGLE SECTION.
WHICH I UNDERSTAND. >> KIND OF BIT ME IN THE BUTT.
THAT WAS A $4,200 MISTAKE. I'M GUESSING THIS SLAB ACTUALLY WAS POURED WITHOUT A PERMIT TO POUR IT.
I HAD NO IDEA WE NEEDED A PERMIT FOR THAT STUFF.
YUP. THAT MAY BE YOUR NEXT HURDLE.
IF WE ALLOW THIS EVEN. >> SURE.
>> THAT IS GOING TO BE YOUR NEXT HURDLE.
ANY OTHER QUESTIONS FOR THE APPLICANT?
>> I HAVE A QUESTION. THIS THING LOOKS REALLY TALL.
HOW TALL IS IT? >> THAT ONE HAS A 14-FOOT WALL.
THE REASON WE DID THAT WAS BECAUSE INSIDE, IF YOU ARE DOING WOOD-WORKING, I WOULD LIKE TO HAVE A SHOP IN THERE TO DO THE REMODELING OF THE HOUSE. BASEBOARDS, THINGS LIKE THAT.
OUR NEIGHBORS, I DON'T KNOW IF YOU CAN SEE IT IN THE PICTURES.
OUR NEIGHBOR'S GARAGE IS ABOUT THE SAME HEIGHT WHEN IT COMES UP. MY ROO WON'T BE AS PITCHED.
WE WILL BE RELATIVELY LEVEL WITH THE NEIGHBOR'S GARAGE.
IT IS KIND OF BACK-TO-BACK. THAT KIND OF MAKES IT LOOK NICE.
RIGHT NOW THE BACK OF THEIR GARAGE IS ONE OF THE PLACES WHERE THEY DON'T REALLY GET TO. TO KEEP UP VERY OFTEN.
THERE IS TRASH CANS BACK THERE AND OVERGROWN A LITTLE BIT.
IT WILL KIND OF SHIELD THAT. >> AND THAT NEIGHBOR IS ONE OF THE ONES THAT THE LETTER IS FROM.
>> ANY MORE QUESTIONS? >> NOT ME.
>> OKAY. GO AHEAD AND HAVE A SEAT.
WE WILL DO A LITTLE DISCUSSION HERE.
>> SURE. >> WHAT IS OUR THOUGHTS? OH. PUBLIC HEARING.
ANYBODY OUT HERE WANT TO SPEAK FOR OR AGAINST THIS?
OKAY. >> LOOKING AT THE AERIAL AS WELL AS THE PICTURES THAT THE APPLICANT HAS PROVIDED, I MEAN, IT IS REALLY A GOOD PLACE TO PUT ITST.
THAT OTHER HOUSE, LOOKING FROM THE FRONT, THE HOUSE ON THE L LEFT, WHATEVER, ALL THEY HAVE THERE STICKS WAY OUT.
AND IT DOESN'T APPEAR THAT YOU ARE GOING TO BE ANY FURTHER OUT IF AS FAR OUT AS WHAT THEY HAVE. YEAH.
>> I MEAN, FOR MY TAKE, THE OTHER STRUCTURE THAT IS LIKE A CARPORT COULD COME DOWN, AND YOU COULD BUILD IT THERE.
THAT WOULD MAKE EVERYBODY HAPPY. DOESN'T LOOK LIKE YOU ARE STORING ANYTHING... YOU HAVE A BOAT IN THERE.
>> IS THERE ANYTHING IN BETWEEN THERE?
>> WE WILL HAVE THE DOCK. >> IS THERE ANYTHING BETWEEN THE HOUSE AND THE CARPORT? IS THERE A TREE OR SOMETHING
BACK IN THERE? >> IF YOU LOOK ON THE PROJECTED ADDITION THAT WE HAVE... ...
>> TIME-OUT. WOULD YOU PLEASE COME UP.
>> SORRY. >> WE ARE GETTING A RED LIGHT IN
THE BACK. >> IF YOU LOOK AT THE MAP THAT I MARKED... I CAN'T REMEMBER WHAT I CALLED IT NOW.
THERE IS THE UNDER CONSTRUCTION PORTION.
AND THE ORIGINAL HOUSE FOOTPRINT.
THE ONE IN FRONT. >> THERE IS ONE ORIGINAL HOUSE FOOTPRINT. THERE IS A PLANNED COMPLETED PROPERTY FOOTPRINT. YOU TAKE A LOOK AT THAT.
WE ARE ADDING A KITCHEN ON TO THE SIDE.
>> THAT IS REALLY TO OPEN UP THE HOUSE.
BECAUSE IF YOU ARE NOT FAMILIAR WITH THE CRAFTSMAN-STYLE HOMES, THEY ARE VERY CUT-OFF AND BLOCKED ON THE INSIDE.
THERE WAS ACTUALLY THE ONLY WINDOWS THAT WERE LOOKING OUT TO THE LAKE ON THE INSIDE OF THE HOUSE WERE THESE TWO-FOOT BY TWO-FOOT STRAND OF WINDOWS UP... I MEAN, THE MAN THAT I BOUGHT THE HOUSE FROM WAS RELATIVELY SHORT.
I CAN'T BELIEVE HE COULD LOOK OUT OF THOSE WINDOWS.
WE ARE ADDING A KITCHEN ON TO OPEN UP EVERYTHING.
THERE IS A CARPORT. I HAVE A NEIGHBOR TWO HOUSES TO THE EAST, AND THIS WAS KIND OF MODELED AFTER HIS HOUSE.
HE HAD HIS... INSTEAD OF A GARAGE WHICH BLOCKS THE VIEW WHEN YOU DRIVE IN OR WHEN YOU WALK BY THE HOUSE, HE HAS A CARPORT. WE ARE IN FLORIDA.
YOU KNOW, I DON'T NEED TO COVER THE CARS UP.
YOU NEED A COVER FROM THE RAIN. SO MY WIFE DOESN'T GET SOAKED WHEN SHE GOES OUT TO DRIVE WORK. IT LEAVES THE OPEN.
YOU CAN LOOK OUT AND SEE THE LAKE.
>> RIGHT. >> THAT IS WHY WE DIDN'T PLAN TO PUT THE GARAGE THERE ON THAT SIDE EITHER.
THAT LEAVES THAT WHOLE THING OPEN.
A LOT OF HOUSES ALONG THIS ROAD, THE PROPERTY HAS BEEN BOUGHT.
THE HOUSE HAS BEEN BULLDOZED. THEY BUILT THESE MANSIONS.
FROM FENCE TO FENCE. THAT IS NOT WHAT WE WANT TO DO.
[00:35:03]
WE WANT TO LEAVE THAT STUFF OPEN FOR THE VIEW OF IT, FOR THE BEAUTY OF THE LAKE. AND THE TREES.IF YOU HAVE NOTICED IN SOME PICTURES, WE HAVE SOME FANTASTIC OAK TREES BACK THERE. THAT IS THE OTHER ISSUE WITH BUILDING THESE THINGS TO. INTERFERE WITH THAT.
NANCE AND ERIC. I'M HOPING JUST BECAUSE THEY ARE GREAT NEIGHBORS. TO GET RID OF THAT.
AND ANYTHING ELSE OVER THERE. THEY ALSO HAVE A POOL THAT IS RIGHT NEXT TO THAT. CARPORT.
THAT OLD BEAT-UP CARPORT. AND SO TO BE ABLE TO MOVE THAT AND GIVE THEM THE NICE VIEW, I MEAN, RIGHT ACROSS FOR THE SUNSETS. THE DIRECTION OF THE SUNSET WOULD BE RIGHT ACROSS THERE. THAT IS WHAT I THINK IS A NICE,
NEIGHBORLY THING TO DO. >> ANY MORE QUESTIONS? BACK TO DISCUSSION. DO I HAVE A MOTION?
>> MY THING IS THAT IF HE IS GOING TO BE BUILDING THAT KITCHEN OUT ANYWAY, RIGHT? YOU PUT A COVERED WALKWAY FROM THE HOUSE TO A GARAGE WHERE THE CARPORT IS AT.
THEN IT IS NOT GOING TO BE CONSIDERED AN ACCESSORY STRUCTURE. RIGHT?
IF IT IS ATTACHED TO THE HOUSE. >> ATTACHED WITH A BREEZEWAY?
>> A BREEZEWAY OVER SIX FEET YOU WOULD NOT BE CONSIDERED ATTACHED
TO THE HOUSE. >> AND AGAIN, THE ONLY REASON WE DIDN'T DO THAT, WE ARE TRYING NOT TO BLOCK THE VIEW.
>> I HAVE A QUESTION. IF WE DECIDE TO APPROVE THIS, CAN WE MAKE IT CONDITIONAL THAT THE EXISTING CARPORT COME DOWN?
>> OH, IT IS COMING DOWN. (LAUGHTER).
>> I MEAN, CAN WE MAKE THAT A CONDITION?
>> WE WOULD ASK IF HE AGREES, WE GET THAT INTO...
>> YEAH. YOU CAN PLACE CONDITIONS F ON
THE VARIANCE. >> BECAUSE I THINK IT CERTAINLY IS BETTER-LOOKING THAN THAT. I DON'T THINK IT IS NEAR AS NICE-LOOKING AS SOMETHING NOT AS TALL.
>> A BIG BUILDING ON A LITTLE PIECE OF LAND.
JUST LOOKING AT IT FROM THE STREET VIEW, I MEAN, I CAN AGREE THAT YOU GET A CHANCE TO LOOK AT THE WATER WHERE I GUESS NOW YOU ARE KIND OF... WHERE YOU ARE GOING TO PUT IT, IT REALLY...
WITH WHAT'S ON THE OTHER SIDE, ON THE LEFT SIDE LOOKING FROM THE FRONT, THAT, TO ME, WOULDN'T BE NEAR AS NOTICEABLE AS IT WOULD BE BACK BY WHERE THE CARPORT IS.
I WOULD MAKE A MOTION TO APPROVE IT BASED ON THE CARPORT COMING
>> EVIDENTLY NOT. >> I WILL MAKE A MOTION TO NOT APPROVE. DO WE HAVE A SECOND ON THAT?
(LAUGHTER). >> I THINK WE OUGHT TO ORDER
PIZZA IN THAT CASE. >> WHAT CAN I DO TO HELP KIND OF
MAKE THIS HAPPEN? >> WE DO TRY TO WORK WITH PEOPLE AND HELP THEM. OKAY? I THINK WHAT WE ARE HAVING A PROBLEM WITH, AND IT IS A HUGE BUILDING ON A LITTLE PIECE OF LAND.
>> OKAY. >> ALREADY IN THE WRONG PLACE.
>> OKAY. >> PERSONALLY, I DON'T MIND THE BIGGER BUILDING IF IT GOES WITH A CAR... WHERE THAT CARPORT IS AND NOT IN THE FRONT YARD. I WOULD VOTE YES.
I DON'T KNOW ABOUT THEM. >> WE COULD MINIMIZE THE BUILDING. I'M REALLY TRYING TO AVOID IMPEDING ON THE NEIGHBORS AND THAT WHOLE VIEW BACK THERE.
WHERE I PUT THAT GARAGE, THERE IS NO VIEW FROM THAT SIDE OF THE HOUSE. THERE IS NOTHING TO SEE THROUGH THERE. THE NEIGHBORS HAVE A VERY LARGE WHITE FENCE. RIGHT? AS YOU GO PAST THE HOUSE,THEY HAVE A LOT OF SHRUBBERY.
I'M NOT BLOCKING ANYTHING. THAT IS KIND OF WHY WE PICKED IT DOESN'T IMPEDE ON ANYTHING. IT IS BACKED UP TO THEIR GARAGE WHICH... I DON'T KNOW IF YOU CAN TELL.
THAT GARAGE IS, LIKE... IT'S GOT TO BE AT LEAST A FOUR-CAR GARAGE WITH TWO FULL-SIZED DOORS ON THE SIDE AND ONE... MAYBE TWO FULL-SIZED DOORS ON THE END. AND THE NEIGHBOR, A GREAT GUY, IT IS A COUPLE THAT LIVES WITH THEIR... THE WIFE'S PARENTS.
SO THE FOUR FOLKS LIVING THERE. THE DAD IS A WOODSHOP GUY.
HE HAS THIS ENORMOUS WOODSHOP IN THE GARAGE.
BEAUTIFUL. THIS THING IS ENORMOUS.
>> YOU ARE GOING TO PUT A DRIVEWAY WHERE THIS DOOR IS?
>> THERE IS GOING TO BE A CIRCLE DRIVE AROUND THAT CENTER TREE AT SOME POINT. THAT END GARAGE DOOR WAS THERE ONLY FOR THE REASON OF GETTING MY WIFE'S CAR IN THERE IN CASE OF HURRICANES. IT WON'T... 12 FEET, IT IS SO NARROW. IT WON'T GO IN THOSE SIDE DOORS.
>> RIGHT. >> THE SIDE DOORS ARE ACCESS FOR STORAGE. THINGS LIKE, YOU KNOW, THE LAWN MOWER. WE HAVE A RIDING LAWN MOWER.
IT IS HALF AN ACRE. AND WAKEBOARDS.
[00:40:03]
THINGS LIKE THAT. BUT IF IT IS THE HEIGHT OF THE BUILDING THAT IS THE ISSUE, WE CAN CERTAINLY KNOCK THAT DOWN.THAT IS NOT AN ISSUE. >> WELL, WE HAVE THE CITIZENS OF CLAY COUNTY TO CONSIDER. SO THEY HAVE ZONING ORDINANCES.
WE TRY TO FOLLOW AS CLOSE AS POSSIBLE.
IF THIS PIECE OF LAND WAS .9 ACRES,...
>> BUT YOU ARE ALMOST HALF OF WHAT'S ALLOWED.
>> SURE. ON THE PLUS SIDE OF THAT, THOUGH, IF YOU WILL NOTICE, MY FRONT YARD IS THE WIDER PART.
>> RIGHT. >> THE BACKYARD, AS YOU GO BACK, IT IS PIE-SHAPED. IT GETS NARROW AND NARROW.
IT IS REALLY HARD TO GET ANYTHING BACK THERE.
ESPECIALLY THE TREES. >> IT IS A CRAWL SPACE.
PROBABLY 10 OR 11 FEET. CRAWL SPACE.
ANOTHER 14 FROM THE FRONT. THE BOTTOM WOULD BE, LIKE...
YEAH. I DON'T KNOW WHAT THAT NUMBER I. I WOULD THINK MAYBE IF THEY
MATCHED... YOU KNOW? >> IT IS NOT GOING TO BE TALLER
THAN THE HOUSE, I DON'T BELIEVE. >> THE HOUSE IS ACTUALLY UP ON CRAWLSPACE. IT IS FOUR FEET ABOVE THE
>> REALLY THE ISSUE IS FROM MY STANDPOINT, I WANT TO MATCH THE NEIGHBOR'S GARAGE. I WANT THOSE TO LOOK SIMILAR.
>> THE NEIGHBORS... THE NEIGHBOR'S GARAGE ON THE LEFT SIDE IS A TWO-CAR, TWO-GARAGE DOOR WITH... THAT IS ONE THING THAT MAKES THAT VIEW... THAT VIEW MAKES IT LOOK LIKE THIS IT
REALLY ISN'T... >> I MEAN, THIS IS A COMPUTERIZED RENDERING FROM AL LANL'S FACTORY OUTLET WEBSITE.
>> LOOKING AT A STREET VIEW, I MEAN, YOU CAN SEE HOW WIDE... I CAN. THE OTHER ONE IS DOUBLE-WIDE.
>> BEING THAT HE IS ALREADY 4 2RBGS00 IN.
MY STIPULATION WOULD BE WITH THE CARPORT GONE.
LIKE YOU GUYS HAD ALREADY AGREED ON.
THEN BRING IN THE 14 FEET... DOWN TO 12.
>> I COULD ABSOLUTELY DO THAT. THAT IS NOT A PROBLEM AT ALL.
>> YOU WOULD BE IN AGREEMENT TO REMOVE THE CARPORT AND BRING THE NEW STRUCTURE HEIGHT TO A MAXIMUM OF 12 FOOT HIGH.
>> THE 12-FOOT WALLS INSTEAD OF THE 14.
ABSOLUTELY. >> WHEN YOU SAY WALLS,... THEN YOU STILL HAVE THAT GOING ON. DEFINE THAT.
>> THAT CARPORT PEAK, I THINK IS 14.
IT'S GOT 12 WALLS, I THINK. THE PEAK IS 14, THOUGH.
. >> WELL, WHAT? WE CAN DO WHAT? WHICH ONE?
>> WE WILL MAKE A MOTION. WE HAVE TO SPECIFY.
>> WHICH ONE GOES TO 14? IS IT THE PEAKS?
DO YOU KNOW? >> THAT RENDERING WAS OF A 14-FOOT WALL. THAT IS WHAT THAT RENDERING IS OF. THAT WAS THE ORIGINAL ORDER.
WE CAN KNOCK THAT DOWN TO 12. I WOULDN'T BLINK AN EYE FOR.
THAT THAT IS PLENTY OF ROOM FOR ME TO WORK WITH PACE BOARDS AND TWO BY FOURS AND THINGS LIKE THAT.
>> YES. I WOULD IMAGINE THAT IS THIS RIGHT HERE. THE 14 PROBABLY.
>> 12-FOOT WIDE BUILDING. IT IS ONLY GOING TO BE ANOTHER THREE, FOUR FEET. ALL RIGHT.
LET'S MAKE A MOTION. >> 12-FOOT WALL?
I'M REVISING MY MOTION TO APPROVE, I GUESS, 2222 TO REQUIRE THE CARPORT TO BE REMOVED AND THE WALL HEIGHT OF THE NEW STRUCTURE TO BE LIMITED TO A MAX OF 12 FEET.
>> SECOND. >> WE HAVE A SECOND.
>> I AGREE. >> WE HAVE A MOTION.
WE HAVE A SECOND. ALL THOSE IN FAVOR, AYE.
>> WOULD YOU LIKE YOUR THINGS STUFFED BACK? BELIEVE ME, I'M NOT TAKING IT HOME.
>> I WAS TOLD TO BRING SO I BROUGHT IT.
>> IT IS UP TO YOU. >> YOU WOULD LIKE THESE, PLEASE.
>> WE CAN GET RID OF THEM. >> YOU MAY HAVE SOME HURDLES FOR THE EXISTING SLAB. THEY MAY ASK YOU TO TEAR IT OUT.
(LAUGHTER) I BUILD HOMES FOR A LIVING.
HE BUILDS STRUCTURES. HE HAS BEEN AN INSPECTOR MOST OF HIS CAREER. BE PREPARED.
NOT CLAY COUNTY. >> YOU WANT ME TO COME UP AND
GET THEM? >> IF YOU WANT THEM BACK.
OTHERWISE, WE WILL TOSS THEM. >> I'VE GOT MINE ALL MIXED UP
[00:45:04]
>> THANK YOU, GENTLEMEN. >> YES, SIR.
GOOD LUCK TO YOU. >> ALL RIGHT.
[4. Public Hearing to consider Application BOA 22-23; Variance to reduce the front setback in the RB zoning district.]
2222. RIGHT? WE WILL MOVE ON WITH APPLICATION BOA2223.WE WILL HEAR FROM STAFF. >> ALL RIGHT.
MR. CHAIRMAN, THIS IS AN APPLICATION FROM JOSEPH AND COLEADA GAIL. THE PARCEL IS LOCATED AT 7330 STATE ROAD 21. ZONING DISTRICT OF RB SINGLE FAMILY RESIDENTIAL. RURAL FRINGE FUTURE LAND USE.
THE REQUEST IS TO REDUCE THE FRONT SETBACK IN THE RV ZONING DISTRICTS FROM 20 FEET TO EIGHT FEET.
HERE IS AN AERIAL SHOWING THE PARCEL.
IT IS A LONG NARROW PARCEL. THE PARCEL IS LOCATED ALONG PART OF THE PARSE... IT IS ALONG STATE ROAD 21 BETWEEN WOODLAND DRIVE AND TO THE SOUTH AND LAKE BROOKLYN TO THE NORTH.
COUNTY PROPERTY APPRAISER RECORDS SHOW THAT THE PARCEL IS LOT 5-B, BROOKLYN LAKE ESTATES. FIRST EDITION.
PLATTD IN 1950. PARCEL AS PLATTED, 50 FEET WIDE.
WITH APPROXIMATELY 334-FOOT IN LENGTH.
ALL ALONG THE STATE FRONTAGE. STATE ROAD 21.
THE APPLICANT WISHES TO DEVELOP THE PARCEL WITH ALLOWED RESIDENTIAL USES. THE PARCEL IS DEEMED A LOT OF RECORD. THEREFORE, IT MAY BE DEVELOPED WITH ONE RESIDENTIAL UNIT. THE PARCEL HAS FRONTAGE ALONG STATE ROAD 17 AND WOODLAND DRIVE.
PURSUANT TO SUB-SECTION 3-7C3, CORNER LOTS SHALL BE PROVIDED A FRONT YARD ALONG ALL STREET FRONTAGES.
THEREFORE, ALONG THE LONG STRETCH ALONG 17 IS A FRONT YARD AND HAS TO MEET THE FRONT YARD SETBACKS.
AND THAT IS THE REASON FOR THE REQUESTED VARIANCE.
STAFF FINDS THAT THE REQUESTED VARIANCE TO REDUCE THE FRONT SETBACK IN THE ZONING DISTRICT IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE. HOWEVER, STAFF BELIEVES THE WIDTH OF THE LOT AS PLATTED, PROVIDES A HARDSHIP AND RECOMMENDS APPROVAL OF THE REQUEST TO REDUCE THE FRONT YARD SETBACK TO EIGHT FEET. GOING OVER THE VARIOUS CRITERIA, AS I INDICATED, THE SUBJECT PARCEL WAS PLATTED AT 50 FOOT IN 1950, PRIOR TO ZONING REGULATIONS.
PRESENTLY, THE ZONING DISTRICT REQUIRES A MINIMUM WIDTH AT...
AT THE BUILDING LINE OF 60 FEET. SO THE 50-FOOT... THE PLATTING AT 50-FOOT WIDTH IS A SPECIAL CONDITION, NOT APPLICABLE TO OTHER PARCELS IN THE ZONING DISTRICT.
BEING PLATTED IN 1950, THE SPECIAL CONDITIONS ARE NOT, ARE NOT CAUSED BY THE APPLICANT. OR IS NOT CAUSED BY THE APPLICANT. LITERAL INTERPRETATION OF THE ORDINANCE WILL RESULT IN BASICALLY A 15-FOOT-WIDE AREA WHEN YOU TAKE THE FRONT SETBACK AND REAR SETBACK FOR THE R.V.
ZONING DISTRICT. IN WHICH TO PLACE THE RESIDENTIAL DWELLING. THE LIMITED AREA WOULD MAKE THE PARCEL DIFFICULT TO UTILIZE FOR RESIDENTIAL USES.
THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE SAME DISTRICT. AND AGAIN, THE REQUESTED VARIANCE WOULD REDUCE THE FRONT SETBACK FROM 20 FEET TO EIGHT FEET WHICH WOULD PROVIDE... ACTUALLY, I PUT 27 FEET HERE.
THE APPROPRIATE NUMBER IS 15 FEET.
BETWEEN THE REAR AND FRONT SETBACKS.
THE GRANTING OF THE VARIANCE WILL ALLOW FOR THE REDUCTION OF THE FRONT SETBACK ALONG STATE ROAD 21 FROM 20 FEET TO EIGHT FEET. THE VARIANCE IS NOT NECESSARILY IN HARMONY WITH THE INTENT OF THE LAND DEVELOPMENT CODE BUT SHOULD NOT BE INJURIOUS OR DETRIMENTAL TO THE PUBLIC HEALTH AND WELFARE. ANY QUESTIONS OF STAFF? AND HERE IS A SITE PLAN SHOWING THE APPROXIMATE LOCATION OF THE STRUCTURE THEY WISH TO PLACE ON THE PARCEL.
[00:50:13]
>> ANY QUESTIONS FOR STAFF? >> NOT ME.
IS THE APPLICANT HERE? WOULD THEY LIKE TO COME FORWARD, PLEASE? STATE YOUR NAME AND ADDRESS IN
THE MICROPHONE. >> DO YOU SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
WHAT ARE WE DOING HERE? >> I WANT TO PUT A SMALLER HOUSE THERE. WE PURCHASED THE LOT.
I HAD NO IDEA THAT WE WERE GOING TO HAVE THESE PROBLEMS. WE MOVED HERE ABOUT... MOVED TO KEYSTONE ABOUT 14 MONTHS AGO.
SINCE WE HAVE MOVED HERE, ONE OF MY SONS HAS MOVED HERE.
I HAVE ANOTHER SON THAT IS WANTING TO MOVE HERE.
I GOT MY DAUGHTER THAT WANTS TO MOVE HERE IN FOUR YEARS WHEN H HER... WITH HER CHILDREN... WHEN HER CHILDREN GET GROWN.
I'M TRYING TO FIND PLACES WE CAN BUILD THEM HOUSES.
>> OKAY. SO YOU INTEND TO LIVE ON THE PROPERTY? IN, LIKE, A TINY HOUSE OR
SOMETHING? >> WE WILL PROBABLY... THE HOUSE OVER ON SPRING LAKE IS A LARGE HOME.
MY WIFE AND I WILL PROBABLY MOVE THERE AND SELL THAT HOUSE TO ONE OF OUR KIDS. IT IS SHE AND I NOW.
ANY QUESTIONS FOR THE APPLICANT? OKAY.
WE WILL HAVE SOME DISCUSSION HERE.
ANYTHING TO TALK ABOUT? >> WHEN ARE YOU GOING TO HAVE A HEARING? (LAUGHTER).
>> GO AHEAD AND HAVE A SEAT. IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SAY ANYTHING FOR OR AGAINST THIS?
SEEING NO ONE, WE WILL CONTINUE. >> LOOK, I'M JUST LOOKING AT THE LAYOUT HERE. I MEAN, IT'S DEFINITELY GOING TO BE A THIN HOUSE. 34 FEET MAX.
NOT MUCH MORE YOU CAN DO. I MEAN, YOU GET MUCH SMALLER THAN THAT, THE REQUIRED WOULD BE 20.
>> UNDER THE ZONING DISTRICT, YES.
>> THAT WOULD TAKE THE 34 DOWN TO A 22-FOOT-WIDE HOUSE.
THAT WOULD BE THE MAX THAT COULD BE FIT.
WHICH IS... YOU KNOW. THE IDEA IS NOT TO HAVE A TINY
HOUSE. >> YOU WILL HAVE THIS PULL-UP...
DO YOU HAVE THIS PULLED UP ON GOOGLE MAPS?
>> I HAVE WILL HAVE TWO DIFFERENT FLOOD ZONES ON THAT
PIECE OF LAND, TOO. >> WELL...
>> WHAT IS THE ADDRESS AGAIN? >> 7330 STATE ROAD 21.
>> I GOT IT. IT IS THIS REAL SKINNY RIGHT ALONG THE EDGE THERE. REAL SKINNY RIGHT ALONG HERE.
>> YEAH. >> I THINK EVEN IF WE APPROVE IT, WHEN HE GOES TO BUILD, RIGHT? THERE IS GOING TO BE CHALLENGES. THAT WILL KEEP HIM IN LINE WITH BUILDING A STRUCTURE THAT MEETS THAT PROPERTY.
THERE IS CURRENTLY NO SEPTIC OR ANYTHING ON THERE.
THAT HAS TO BE ADDED. >> THAT WOULD BE REQUIRED.
>> YES. >> LIKE, I DON'T THINK IT WOULD BE TOO RISKY. YOU KNOW WHAT I MEAN?
>> YEAH. THE BUILDING DEPARTMENT IS ONLY GOING TO ALLOW SO MUCH OVER THERE.
>> RIGHT. >> MAYBE ONE DAY IT WILL BE A LAKE BACK... AREN'T THEY STARTING SOMETHING?
I SAW... >> FLOOD ZONE AE AND FLOOD ZONE X ON THE PROPERTY. ANYBODY WANT TO MAKE A MOTION?
WE ARE READY? >> I WOULD MAKE A MOTION TO
ALL THOSE IN FAVOR OF APPROVAL, SAY AYE.
>> AYE. >> OPPOSED? BRIAN, DID YOU ANSWER? SORRY.
>> ALL RIGHT. WE APPROVE YOUR APPLICATION.
BE PREPARED FOR SOME ISSUES WITH THE BUILDING DEPARTMENT.
ON PUTTING A HOUSE HERE. >> THANK YOU.
>> GOOD TO SEE YOU, WOODY. >> ALL RIGHT.
[5. Public Hearing to consider Application BOA 22-24; Variance to increase the allowable size of Accessory Dwelling Unit]
LAST BUT NOT LEAST. LET'S GO ON TO BOA22-24.WE WILL HEAR FROM STAFF. >> ALL RIGHT, MR. CHAIRMAN.
THE APPLICANT FOR THIS PETITION IS COLIN GROFF.
THE PARCEL IS LOCATED 3900PASO FINO ROAD.
[00:55:06]
ZONING IS LAKE ASBURY RURAL FRINGE.WITH FUTURE LAND USE, VERY RURAL FRINGE.
THE REQUEST IS TO INCREASE THE ALLOWABLE SIZE OF AN ACCESSORY DWELLING UNIT ON THE PARCEL. HERE IS AN AERIAL OF THE PARCEL.
THE PARCEL IS LOCATED, AS I INDICATED, ON THE ROAD IMMEDIATELY NORTH OF THE TOWN OF PENNEY FARMS. THE PARCEL IS WITHIN THE BOUNDARIES OF PENNEY FARMS. ITHE PARCEL CONTAINS A RESIDENCE GUEST HOUSE BUILT IN 2015 AT THE TIME OF THE REMOVAL OF A THEN EXISTING 1900 SQUARE-FOOT MOBILE HOME. THE APPLICANT DESIRES TO PLACE A NEW 1920-SQUARE-FOOT MANUFACTURED HOME ON THE PARCEL AND TRANSITION THE EXISTING RESIDENCE TO AN ACCESSORY DWELLING. SECTION 35C-6 OF THE LAND DEVELOPMENT CODE LIMITS THE MAXIMUM SIZE OF AN ACCESSORY DWELLING UNIT TO 1,250 SQUARE FEET OR 40% OF THE PRIMARY RESIDENCE GROSS SQUARE FOOTAGE. WHICHEVER ISLESS.
THE SIZE OF THE EXISTING RESIDENTIAL UNIT AT 980 SQUARE FEET WOULD EXCEED THE MAX NUMB 40% OF THE NEW DESIRED F MANUFACTURED DWELLING UNIT OF 1,920 SQUARE FEET.
THE DESIRED ADU WOULD ENCOMPASS 51% OF THE SIZE OF THE PRIMARY RESIDENCE. IN THAT CASE.
THE REQUESTED VARIANCE TO INCREASE THE ALLOWABLE SIZE OF AN ACCESSORY DWELLING UNIT IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE. STAFF RECOMMENDS DENIAL OF THE REQUEST FOR THE VARIANCE. AGAIN, GOING OVER THERE, THE SIX CRITERIA FOR A VARIANCE. THERE IS REALLY NO SPECIAL CONDITIONS OR CIRCUMSTANCES WE KOEWLER TO THE PARCEL.
THEY ARE NOT APPLICABLE TO OTHER LANDS AND BUILDINGS IN THE SAME ZONING DISTRICT. THERE ARE NO SPECIAL CIRCUMSTANCES. BECAUSE OF THAT, IT WAS... A RESULT OF THE APPLICANT, BUT THE SIZE OF THE NEW MANUFACTURED UNIT IS A CHOICE BY THE APPLICANT.
THE GRANTING OF THE VARIANCE WILL CONFER A PRIVILEGE TO THE APPLICANT DENIED BY OTHER PROPERTIES BY ALLOWING AN ADU THAT IS LARGER THAN THE MAXIMUM SIZE ALLOWED IN THE LAND DEVELOPMENT CODE. LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOITD BY OTHER PROPERTY OWNERS.
THE PROPERTY OWNERS IN THE SAME ZONING DISTRICT ARE ALLOWED AN ADU CONSISTENT WITH THE SIZE REQUIREMENTS AS SET FORTH IN THE LAND DEVELOPMENT CODE. THE REQUEST TO INCREASE THE MAXIMUM SIZE OF THE ADU TO 51% OF THE PRIMARY RESIDENCE GROSS SQUARE FOOTAGE IS NOT THE MINIMUM VARIANCE THAT WOULD MAKE POSSIBLE THE BENEFICIAL USE OF THE LAND BUILDING OR STRUCTURE.
THE PARCEL ALREADY IS UTILIZED FOR BENEFICIAL USE WITH THE EXISTING 9 80 SQUARE-FOOT RESIDENTIAL UNIT.
THE EXISTING RESIDENTIAL COULD REMAIN THE PRIMARY STRUCTURE OR A LARGER NEW MANUFACTURING... MANUFACTURED DWELLING COULD BE PLACED ON THE PARCEL TO MEET SIZE REQUIREMENTS OF THE LAND DEVELOPMENT CODE. GRANTING THE VARIANCE WILL ALLOW FOR A LARGER ACCESSORY DWELLING UNIT THAN ALLOWED BY THE CODE.
THE RURAL AREA OF THE COUNTY IN WHICH THE PARCEL IS LOCATED IS PRESENTLY PRIMARILY AGRIC AGRICULTURAL, AND GRANTING THE VARIANCE SHOULD NOT BE INJURIOUS OR OTHERWISE DETRIMENTAL TO THE PUBLIC HEALTH AND WELFARE. ANY QUESTIONS OF STAFF? THE APPLICANT HAS A POWER POINT PRESENTATION ON WHICH HE DESIRES TO SHARE WITH YOU. YOU HAVE A HANDOUT OF IT.
WE CAN GO OVER IT. >> IF THE APPLICANT WERE TO...
WHEN HE PUTS THE NEW HOME ON THERE, MAKE THE EXISTING STRUCTURE SMALLER THAT, WOULD WORK, TOO, THOUGH, RIGHT?
>> YEAH, YEAH. IT WOULD HAVE TO MEET THAT...
>> THAT CRITERIA. EITHER ONE OF THOSE CRITERIAS.
IN THIS CASE, IT IS THE 40% SIZE LIMIT THAT IS CAUSING THE
PROBLEM. >> ANY QUESTIONS FOR STAFF?
>> PUBLIC HEARING. (LAUGHTER).
[01:00:03]
>> WE HAVE TO DO THE PUBLIC THING AFTER YOU.
I BELIEVE. >> I USUALLY SIT OVER HERE.
I DON'T HAVE TO DO THIS. >> IT IS OKAY.
>> COLIN GROFF, 3900PASO FINO ROAD.
SO WE DO HAVE... DO YOU CONTROL THIS?
>> TELL ME WHEN... >> I WILL DO THAT.
I'M GOING TO TRY TO MAKE THIS QUICK.
I KNOW EVERYBODY WANTS TO GO HOME AND BEING LAST IS ALWAYS TRYING TO GET EVERYBODY OUT OF HERE.
I DO WANT TO GO THROUGH BECAUSE AGAIN, WE RESPECTFULLY DISAGREE A LITTLE BIT WITH STAFF. IT IS RESPECTFUL.
I DO WANT TO GO THROUGH OUR PRESENTATION.
IT IS PARCEL OF RECORD. A PARCEL OF RECORD PRIOR TO 2006. PRIOR TO THE LAKE ASBURY MASTER PLAN OVERLAY DISTRICT. IT WAS RECORDED SOMETIME IN 1960S. WE HAVE A 2004 DEED THAT VERIFIES. IT WAS A LOT OF RECORD PRIOR TO 2006. IT HAS BEEN A CONTINUOUS OCCUPIED ACTIVE HORSE FARM SINCE THE 60S.
IN 2004, THE PROPERTY... THAT IS WHY I HAVE THIS PICTURE HERE.
THE PROPERTY DID CONTAIN A 1900-SQUARE-FOOT MOBILE HOME, AN ADU APARTMENT ATTACHED TO ONE OF THE BARNS AND THEN THREE BARNS.
JUST SOME INFORMATION TO SHOW THAT WE FOUND.
YOU CAN SEE THE WARRANTY DEED. IN 2004.
IT SHOWED IT WAS A LOT OF RECORD.
WE DIDN'T JUST GO INTO THIS BLINDLY.
WE WENT TO STAFF BACK IN THE SUMMER.
BECAUSE WE STARTED... WE WANTED TO DO... I'LL SHOW YOU THIS PART IN THE CODE. WE WANTED TO DO TWO LOTS.
SUBDIVIDE THE TWO LOTS FOR THE TWO STRUCTURES.
FOR THE MAIN REASON FOR INSURANCE.
IT IS REALLY NO OTHER REASON. WE ARE GOING TO KEEP IT ALL.
WE BOUGHT THIS FOR OUR RETIREMENT.
WE ARE GOING TO LIVE HERE. FOR INSURANCE REASONS.
WE WERE FIRST TOLD WELL, IT IS LAKE ASBURY, IT IS NOT.
IT FALL UNDER THE GRANDFATHER ZONING.
WHICH IS AR ZONING. THAT IS THE UNDERLINING ZONING WE CAN USE ON THIS PROPERTY. WHAT STAFF'S INTERPRETATION OF THE CODE WAS WHICH I WILL SHOW YOU LATER, I DISAGREE WITH.
THAT I COULD BE WRONG. ONCE WE TOOK ONE LOT OUT, THEN THE REST WOULD FALL UNDER THAT ZONING CODE.
THAT CODE DOESN'T ALLOW YOU TO HAVE A HORSE FARM.
IT ALSO MAKES YOU SUBDIVIDE IT INTO ONE-ACRE LOTS.
WE WOULD HAVE TO DEVELOP IT. WE BOUGHT THIS PROPERTY SO IT WOULDN'T BE DEVELOPED. IT HAS BEEN THERE FOREVER.
IT IS A BEAUTIFUL PIECE OF PROPERTY.
WE DON'T WANT IT DEVELOPED. WE PUT EVERY DIME WE HAVE INTO IT SO IT IS NOT DEVELOPED. WE BOUGHT ANOTHER LOT THAT WAS SOUTH OF THIS THAT ONE OF OUR COMPANIES... I DIDN'T HAVE ANY MONEY LEFT. OUR COMPANY BOUGHT IT WITH ANOTHER PARTNER. WE OWN IT WITH A PARTNER.
WE ARE WORKING WITH PENNEY FARMS ON THAT.
TO TRY TO KEEP THAT UNDEVELOPED ALSO.
OR AS LIMITED DEVELOPMENT AS POSSIBLE.
WE DID GO TO THE COUNTY. THE COUNTY DID AGREE IN THE SUMMER THAT... WHATEVER THAT DATE IS.
I CAN'T READ THAT EMAIL FROM HERE.
IN SEPTEMBER, IT AGREED THAT IT WAS A LOT OF RECORD.
IT FELL UNDER THE AR ZONING. NEXT SLIDE.
WE GOT THIS FROM THE PREVIOUS OWNER.
WE TALKED TO HIM. THE BARN WITH THE APARTMENT WAS DAMAGED BY A STORM IN 2014. ONE OF THE BIG OLD OAK TREES FELL ON IT AND CRUSHED IT. HE REMOVED THAT AND TOOK THAT OFF. THEN HE WENT TO REPLACE IT.
HE ACTUALLY PERMITTED A GUEST FOR A GUEST HOME.MIT WAS GRANTE- I'M GOING TO SHOW YOU THE EVIDENCE OF THAT HERE IN A SECOND. THE PERMIT WAS GRANTED.
ALSO WAS GRANTED... THE GUEST HOME WAS GRANTED BECAUSE ONE WAS TORN DOWN. THE SITE WAS DESIGNED FOR BOTH UNITS. THE NEW STRUCTURE WAS APPROVED BASED ON USING THAT EXISTING. RIGHT BEFORE... ACTUALLY, HE SAID RIGHT WHEN HE STARTED CONSTRUCTION, ANOTHER STORM CAME AND KNOCKED DOWN THE OAK TREES ON THE... THE MOBILE HOME WAS DESTROYED. IT WAS PERMITTED AS ADU WITH A 1900-SQUARE-FOOT MOBILE HOME ON THE SITE.
THE EVIDENCE HERE IS YOU CAN SEE.
I WANTED TO POINT OUT REAL QU QUICK, THE GUEST HOUSE IS A TWO-ONE. IT IS NOT DESIGNED AS A PRIMARY RESIDENCE. IT IS A GUEST HOUSE.
THERE IS A SHARED BATH. NO PRIMARY FOR A HOUSE TO LIVE IN. THERE IS NO PRIMARY BEDROOM OR MASTER BATH OR MASTER BEDROOM. HOWEVER YOU WANT TO CALL IT.
THERE IS NO WAY TO MAKE IT SMALLER.
THE HOUSE WAS BUILT IN 2015. IT IS IN GREAT CONDITION.
IN GREAT SHAPE. IT IS A REALLY NICE GUEST HOUSE.
A GREAT PLACE FOR OUR KIDS TO STAY WHEN THEY COME.
AND WHEN THEY ARE THERE. IT IS REALLY A NICE GUEST HOUSE.
THERE IS NO WAY TO MAKE IT SMALLER.
IT WAS PERMITTED AS A GUEST HOUSE.
WE HAVE THE NOTICE OF COMMENCEMENT THAT SAYS IT WAS BUILT AS AN ACCESSORY STRUCTURE. ON RECORD WITH THE COUNTY.
NEXT SLIDE. SO WHERE WE ARE RIGHT NOW SO, BASED ON THAT INFORMATION, BASED ON THE COUNTY PROVIDING THE
[01:05:03]
INFORMATION, IT WAS AR ZONING. BASED ON THE ZONING, THAT ALLOW IT IS DWELLING ACCESSORY. THAT WAS PERMITTED AS AN ACCESSORY DWELLING STRUCTURE. WHEN THERE WAS A 1900-SQUARE FOOT MOBILE HOME THERE. BASED ON OTHER CODE LANGUAGE THAT ALLOWS YOU TO REPLACE THOSE.THEY ARE ALLOWED. WE DECIDED TO MOVE FORWARD WITH PUTTING A MANUFACTURED HOME ON THE SITE.
WE FOUND THE HOME WE LIKED. THE TWO OF US.
WE DON'T WANT A BIG GIANT HOUSE. WE HAVE WANTED TO FIT IT AMONGST THE EXISTING TREES THAT WERE ON THE SITE.
NEAR THE GUEST HOME. IT IS KIND OF A COMPOUND.
THAT IS WHAT YOU WANT WITH AN ADU.
OFF WANT IT CLOSE. SO IT IS PART OF THE COMPOUND THAT YOU ARE DESIGNING. IT IS A 36.9-ACRE SITE.
IT IS A VERY LARGE PARCEL. SO WE...
AND I DON'T KNOW... I DON'T KNOW IF THIS IS TRUE OR NOT.
IT WAS TRUE IN OUR CASE. WE WENT TO A COUPLE OF DIFFERENT MANUFACTURERS. WE FOUND ONE WE REALLY LIKED.
WE LIKED THE FLOOR PLAN. AND SO WE PURCHASED IT.
THAT IS THE WAY IT WORKS. WE WERE TOLD IT WAS WORKING.
I'M AN ENGINEER. I DON'T DO THAT FOR A LIVING.
WE ARE PURCHASED IT AND THEN STARTED THE PERMITTING.
THEY SAID THAT IS NORMAL. THAT IS THE NORMAL WAY YOU PURCHASE IT. YOU PUT THE DOWN PAYMENT.
IT IS PURCHASED. IT IS 1900-SQUARE FOOT GROSS.
GROSS SQUARE FEET. SO WE SUBMITTED THE PERMIT.
FIVE OR SIX WEISE. DIDN'T HEAR ANYTHING.
WE WERE TOLD THAT, WELL, THE PERMIT WAS GOING TO BE DENIED.
BECAUSE LAKE ASBURY, RURAL FRINGE ZONING.
MANUFACTURED HOMES ARE NOT ALLOWED.
WE HAD TO CLEAR THAT UP. WE BROUGHT THEM ALL THIS INFORMATION. IIT WAS A LOT OF RECORD.
THEY SAID YEAH, YOU CAN BUILD IT.
NOW YOU HAVE TO TEAR THE GUEST HOUSE DOWN.
WE ARE NOT GOING TO TEAR DOWN A $200,000 GUEST HOUSE.
THAT MAKES NO SENSE AT ALL. WE SAID, WELL, WHAT IS THE OTHER OPTION? THAT IS NOT A GOOD OPTION.
WE DID GO BACK TO THE MANUFACTURINGER AND SAID CAN WE TRADE THIS ONE IN FOR A BIGGER ONE? THE PROBLEM IS... IN THIS STYLE, THE BIGGEST THEY MAKE IS ABOUT 2,150 SQUARE FEET. THEY DON'T MAKE ONE BIG ENOUGH TO GET THE THING UNDER 40% THAT IS ALREADY THERE.
WE WOULD HAVE TO GO TO A TRIPLE-WIDE TYPE STYLE.
WHICH WE DON'T WANT. IT IS THE TWO OF US.
WE DON'T WANT A HOUSE THAT BIG. WE DON'T NEED A HOUSE THAT BIG.
IT IS PURCHASED. WE WERE THEN GIVEN OPTION, APPLY FOR A VARIANCE OR CONSTRUCT A LARGER HOME.
WE COULDN'T CONSTRUCT A LARGER HOME.
WE APPLIED FOR THE VARIANCE. NEXT SLIDE.
A COUPLE OF THINGS. THE LOCATION MEETS THE ZONING REQUIREMENTINGS. WE DID INCLUDE... WE ARE GOING TO BUILD A DECK THAT IS 500 SQUARE FEET.
ACTUALLY THAT, WOULD PUT... IF THE DECK WAS INCLUDED, MY ASSUMPTION IS AND I DON'T KNOW THIS BECAUSE NOBODY CAN FIND ANY RECORDS. WHEN IT WAS ORIGINALLY PERM PERMITTED, I THINK THE HOME THAT WAS OUT THERE HAD A DECK ON IT.
IT WAS PERMITTED AS AN ADU. WITH THE 40% RULE.
IT WAS 51% OF THE SIZE OF THE PRIMARY RESIDENCE THERE.
IT WAS PERMITTED BY THE COUNTY. AS AN ADU.
THERE MUST HAVE BEEN SOME REASON OR INTERPRETATION.
I DON'T NO I WHY. I DON'T KNOW WHY.
BASED ON THE FACTS THAT WE HAD, IF IT IS PERMITTED, IT IS PERMITTED. THERE IS NO REASON TO ASSUME THAT NOW THE COUNTY WOULD CHANGE THEIR MIND.
THAT IS WHY WE PURCHASED THE HOME AND MOVED FORWARD.
WE ARE INCLUDING A DECK ON THE NEW ONE.
500 SQUARE FEET. WE ARE THINKING ABOUT A SUNROOM LATER ON. WE CAN'T DO THAT RIGHT NOW.
THAT WOULD COUNT AS SQUARE FOOTAGE IN THE HOUSE.
A DECK, I DON'T BELIEVE THE ZONING DEPARTMENT WOULD COUNT THAT AS SQUARE FOOTAGE. YOU KNOW, AND WE ARE SOMEWHAT LIMITED UNLESS WE REMOVE SOME TREES.
WE DON'T WANT TO REMOVE ANY TREES.
THAT IS THE WHOLE POINT. THE GUEST HOUSE IS LOCATED ON THE SIDE OF THE HOME. IT IS SET UP AS A GUEST HOUSE.
NEXT SLIDE. I WANT TO POINT OUT, THIS IS THE LANGUAGE THAT WE HAVE FOR THE LOT.
IT SAYS "EXISTING LOTS OF RECORD, YOU KNOW, PRIOR TO THE 2006 ADOPTED IS VESTED FROM THE REQUIREMENTS OF THE MASTER PLAN FOR UP TO THREE RESIDENTIAL UNITS." I MEAN, I'M AN ENGINEER. I'M NOT... INREAD.
THAT THAT SAYS THREE RESIDENTIAL UNITS.
THAT MEANS THREE STRUCTURES. THAT YOU CAN LIVE IN.
THAT IS WHAT THAT MEANS. THE COUNTY DOESN'T INTERPRET IT THAT WAY. I ACTUALLY DON'T KNOW HOW THE COUNTY INTERPRETS THAT. THE NEXT SENTENCE SAYS DEVELOPMENT UP TO THREE RESIDENCES SHALL MEET THE ZONING APPLICABLE PRIOR TO 2006. I THINK THAT WOULD ALLOW US TO DO TWO LOTS OUT OF THE PRIMARY LOT AND THE PARENT LOT WOULD KEEP ITS UNDERLINING ZONING OF. A R.
THE COUNTY HAS SAID THAT IS NOT THE INTERPRETATION EITHER.
I'M NOT QUITE SURE. THIS IS WHAT WE BASED OUR PROCESS ON. THIS LANGUAGE.
WHERE IT SAYS UP TO THREE RESIDENTIAL UNITS.
NEXT SLIDE. JUST... WE DON'T HAVE TO GO OVER THIS REAL QUICK. THE.
A R. ZONING DOES ALLOW THE MOBILE HOME... A MANUFACTURED HOME IS CONSIDERED A MOBILE HOME UNTIL IT HAS A FOUNDATION.
WE DO MEET THE SETBACKS AND EVERYTHING.
[01:10:02]
ONE, WE COULD HAVE HAD THE OPTION OF INTERPRETING IT LITERALLY. SAYING YOU CAN PUT THREE HOUSES ON THIS. I'M NOT SO SURE THAT I AGREE WITH THAT EITHER. THREE HOUSES.I DO THINK THE OPTION OF SUBDIVIDING ON TWO LOTS WAS AVAILABLE. ONCE YOU TAKE ONE LOT OUT, NONE OF THE LOTS LOTS OF RECORD PRIOR TO 2006.
THAT IS THE RULES. I DON'T LIKE IT.
I DON'T THINK IT IS FAIR. I DON'T THINK IT IS RIGHT.
THEY FORCE YOU TO DEVELOP IF YOU DON'T... YOU KNOW, IF YOU DO ANYTHING TO THE LOT OF RECORD. NEXT SLIDE.
SO ADU CODE. THE ONLY THING... WE MEET ALL OF THESE... THE EXISTING STRUCTURE MEETS ALL OF THE CODES.
EXCEPT FOR TWO THINGS. ONE IS IT SAYS THE ADU SHALL NOT BE PERMITTED BEFORE THE CONSTRUCTION OF THE PRINCIPAL BUILDING. CLEARLY, THE BUILDING WAS THERE WHEN IT WAS CONSTRUCTED. I'M JUST UNDERLINING THAT FOR THAT REASON. THE ONE WE DON'T MEET IS THE DESIGN. THE STAFF BROUGHT IT UP.
IT HAS TO BE GREATER THAN 375 FEET.
SMALLER THAN 450. OR 40% OF THE GROSS.
WE ARE ASKING FOR 51% OF THE GROSS FLOOR AREA.
NOT 40%. I DON'T THINK IT REALLY MAKES ANY DIFFERENCE. IT IS A HUGE SITE.
THERE IS NO DETRIMENTAL EFFECT. I'LL GO OVER THAT IN A MINUTE.
WE MEET THE REST OF THE ADU REQUIREMENTS.
NEXT SLIDE. WE ARE SAYING THE ADU MEETS EVERYTHING ELSE. MEETS ALL THE OTHER REQUIREMENTS. WE DO BELIEVE BECAUSE IT IS LARGER THAN 375, IT MEETS THE INTENT OF THE ADU CODE.
THE INTENT OF THE CODE I IS TO MAKE SURE IT IS NOT A HUGE STRUCTURE, U USED AS A GUEST HOUSE.
COMPARED TO THE STRUCTURE ON THE SITE.
WHEN YOU ARE ON ALMOST 40 ACRES, THERE IS REALLY NO HARM.
IT FITS FINE. THERE IS NO ISSUES.
IS THERE ANOTHER SLIDE IN I'M SORRY.
I'M GOING TO TRY NOT TO GO THROUGH THIS.
I FEEL LIKE I'M BORING Y'ALL. I DON'T WANT TO DO THIS.
YOU KNOW, STAFF WENT THROUGH WHY THEY FELT LIKE IT WOULD NOT M MEET. I'M GOING TO GO THROUGH AND TELL YOU WHY I THINK IT DOES. IS THERE A SPECIAL CONDITION ON THE SITE? I THINK THERE IS.
THE SPECIAL CONDITION WAS IS THERE WAS AN EXISTING MOBILE HOME THERE. THE ADU WAS PERMITTED WITH THE EXISTING MOBILE HOME AT THE SIZE WE ARE PROPOSING.
NO DIFFERENT. AND I DID AS MUCH RESEARCH AS I COULD. I COULDN'T FIND ANYPLACE ELSE IN THEZONING DISTRICT THAT WOULD HAVE THAT SITUATION.
WHERE IT WAS THERE AND THEN IT GOT DESTROYED AND MOVED OFF.
AND SOMEBODY COULD PUT ANOTHER ONE ON.
THERE IS A POSSIBILITY IT COULD HAPPEN.
I MEAN, IT IS A FAIRLY UNIQUE CIRCUMSTANCE.
I MEAN, STAFF SAYS WE COULD HAVE BOUGHT A BIGGER HOME.
YES, WE COULD HAVE. WE DIDN'T WANT A BIGGER HOME.
WE RELIED ON THE CODE THAT SAID THREE RESIDENTIAL UNITS.
AND IT WAS A LOT OF RECORD. WE RELIED ON TALKING TO THE COUNTY. WE DID DO THAT.
WE DID SOME RESEARCH. WE TRIED TO DO OUR HOMEWORK.
WE RELIED ON THE LANGUAGE AS WRITTEN IN THE CODE.
THAT ISN'T THE INTERPRETATION THAT THE COUNTY USES IN THE CODE. WE DID RELY ON THE LANGUAGE THAT WAS WRITTEN. SO AND THEN THREE IS, WILL IT GRANT SPECIAL PRIVILEGE THAT NOBODY ELSE CAN HAVE? I THINK THE ANSWER IS NO. IF ANYBODY ELSE WAS IN THIS SITUATION, THEY SHOULD BE PERMITTED THE SAME WAY.
I THINK THE CODE ALLOWS IT. HERE WE ARE NOT BEING ALLOWED.
TAT IS WHAT WE ARE ASKING FOR: THE VARIANCE.
THE VARIANCE COULD BE GRANTE ON.
THIS I DON'T THINK THERE IS ANYBODY ELSE OUT THERE WITH THIS SITUATION. THERE IS VERY FEW LARGE PARCELS LEFT. THEY ARE BEING PUSHED INTO DEVELOPMENT IN THESE AREAS. THTHERE IS A LOT DOWN IN KEYSTO.
ALL OF. THAT IN THIS AREA, HERE IS VERY FEW LEFT. I DON'T THINK IT IS GOING TO HAPPEN. NEXT SLIDE? THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD DEPRIVE RIGHTS COMMONLY ENJOYED... I THINK IT DOES.
I MEAN, YOU KNOW, WHAT'S COMMONLY ENJOYED ON BIG.
A R. PIECES OF PROPERTY, YOU WILL HAVE A PRIMARY RESIDENCE AND ADU. THAT IS WHAT'S ALLOWED.
THAT IS WHAT WE ARE ASKING FOR. THE ADU WAS ALREADY EXISTING AND IT WAS PERMITTED. IT IS A RECTANGULAR BUILDING.
THERE IS NOTHING YOU CAN CUT OFF.
THERE IS NO WAY TO MAKE IT SMALLER.
WE CAN'T GET THE SAME FOOTPRINT THAT WE PICKED OUT THAT WE WANT TO LIVE. IN WE CAN'T GET THE SAME FOOTPRINT WITH THE SAME SIZE AND FIT IT ON THE LOT IF WE TRY TO GET TO THE 2,150 SQUARE FEET. THERE IS NO WAY TO FIT IT.
IT WOULD STICK OUT TOO FAR. IT WOULDN'T FIT THE SITE DESIGN VERY WELL. WE DO THINK THERE IS A HARDSHIP HERE. FIVE, THE VARIANCE.
ALL WE ARE ASK ASKING FOR IS TH0 TO 51%.
WE ARE NOT ASKING FORKI ANY OF E OTHER REQUIREMENTS ON THE ADU.
IT MEETS ALL THE OTHER ONES. WE HAVE DON'T THINK WE ARE ASKING FOR THE MINIMUM. STAFF AGREES THAT THERE IS NO
[01:15:03]
HARM TO ANY OF THE NEIGHBORS. IF I HAD KNOWN YOU COULD BRING LETTERS. THERE IS TWO NEIGHBORS.ONE ON NINE ACRES. ONE ON 7 ACRES.
THERE IS THREE OF US OUT THERE AT THE ENDED OF ROAD.
IN THE TOWN OF PENNEY FARMS. THAT IS IT.
IN SUMMARY, WE ARE TRYING TO... WE WANT TO SET OUR MOBILE HOME THAT WE HAVE PURCHASED ON PROPERTY WE THINK MEETS ALL THE COUNTY REGULATIONS. THE ADU WAS PERMITTED, PERSONNED AT 51% OF THE SIZE OF THE MOBILE HOME THAT WAS THERE.
I MEAN, WE HAVE THE EVIDENCE THAT SHOWS.
THAT IT WAS PERMITED THAT WAY. WHY? I CANNOT TELL YOU. I DIDN'T OWN THE PROPERTY THEN.
I DON'T KNOW WHY. IT WAS PERMITTED.
WE PURCHASED IT BASED ON, YOU KNOW, COMMON INTERPRETATION OF THE CODE. WHEN IT SAYS YOU CAN DO THIS.
THAT IS WHAT THE CODE SAYS. WE ARE JUST REQUESTING THE VARIANCE FOR ONE OF THE THREE REQUIREMENTS ON SIZING.
IN THAT ONE SECTION. THAT IS WHAT WE ARE ASKING FOR.
WITH THAT, NEXT SLIDE. REAL QUICK.
I WANT TO INCLUDE THIS. IT IS A NICE HOME.
I MEAN, IT IS NOT GOING TO... IT IS BIGGER THAN THE HOUSE THAT IS THERE. IT LOOKS BIGGER THAN THE HOUSE THAT IS THERE. IT IS SET UP SO IT IS PROMINENTLY EXPOSED COMPARED TO THE OTHER HOUSE.
IT MEETS ALL THE INTENT OF THE CODE.
WITH THAT, I WILL SHUT UP SO WE CAN GO HOME AFTER YOUR QUESTIONS. ANY QUESTIONS?
>> ANY QUESTIONS OF THE APPLICANT?
>> I HAVE A QUESTION FOR MIKE, THOUGH.
>> YUP. >> WHAT IS THE RULE ABOUT THE DECK? DOES THE DECK NOT COUNT?
>> NO. THE DECK WOULDN'T COUNT.
>> THAT IS GOING TO BE COVERED. >> THIS IS ONE... WE HAVE HAD A NUMBER OF DISCUSSIONS AND ONE OF THE DISAGREEMENTS.
REVIEWING THE PERMIT RECORDS, THE STRUCTURE WAS PERMITTED, BUT IT WASN'T PERMITTED SPECIFICALLY AS AN ADU.
I WANT TO POINT THAT OUT. >> WHAT IS AN ADU?
>> ACCESSORY DWELLING. ACCESSORY DWELLING UNIT.
>> OKAY. >> NO MORE QUESTIONS FOR YOU.
NOW WE WILL DO THE PUBLIC COMMENT.
WOULD ANYBODY LIKE TO GET UP AND SPEAK FOR OR AGAINST?
I STILL HAVE TO ASK. >> I FELT LIKE I WANTED TO COME UP WITH THE OTHER ONES AND SAY HEY, I SUPPORT THIS.
>> AGAIN, ANOTHER BIG ASK. I11% DOESN'T SOUND LIKE A LOT.
IT IS 20% ADDITIONAL. I DON'T SEE A LOT OF NEGATIVES WITH WHAT HE IS ASKING. BUT...
>> I THINK... >> IT IS ANOTHER "BECAUSE I WANT
IT." >> HE IS ASKING TO MAKE SOMETHING SMALLER. YOU KNOW?
>> RIGHT. >> I HAVE A HARD TIME SAYING YOU HAVE TO SPEND MORE MONEY AND BUY A BIGGER HOUSE BECAUSE THAT IS WHAT OUR CODE SAYS ON THIS BIG PIECE OF PROPERTY.
WHERE NOBODY WOULD EVER KNOW WHAT SIZE THE HOUSE IS.
>> RIGHT. >> I SEE A LOT OF REASONS TO SAY YES. I CAN'T REALLY COME UP WITH A
REAL GOOD ONE TO SAY NO. >> I'LL MAKE A MOTION TO
>> ALL THOSE IN FAVOR? >> AYE.
>> OPPOSED? APPLICATION APPROVED.
>> APPRECIATE IT. I HOPE I DIDN'T KEEP YOU TOO
YOU PUT A LOT OF EFFORT INTO IT. >> YOU WERE PREPARED.
THAT IS A BIG PLUS FOR US. >> VERY MUCH.
THANK YOU. IT IS ALL GOOD, MAN.
GOOD LUCK TO YOU. WE WILL OPEN UP TO THE OTHER PUBLIC COMMENT. IF ANYBODY WANTS TO SAY ANYTHING, PLEASE COME UP. SEEING NO ONE, WE WILL CLOSE THE
* This transcript was compiled from uncorrected Closed Captioning.