[CALL TO ORDER]
[00:00:04]
>> WITH THAT I'M CALLING THE MARCH 23, 2023, CLAY COUNTY BOARD OF ADJUSTMENT MEETING
[APPROVAL OF MINUTES]
TO ORDER. THE FIRST ITEM IS THE APPROVAL FROM THE LAST MEETING WHICH WAS FEBRUARY 23, 2023. DO I HAVE QUESTIONS ORCOMMENTS TO THE MINUTES THAT WERE IN OUR PACKET? >> DO YOU WANT TO LOOK AT IT
AND BLESS IT? >> MOTION FOR APPROVAL. >> SECOND.
>> ALL IN FAVOR SAY AYE. >> AYE. >> PUBLIC COMMENT AND ANYONE CAN COMMENT ABOUT ANYTHING, AND THE TWO OFFICERS.
WE DON'T HAVE PUBLIC. YOU ARE NOT PUBLIC. YOU ARE STAFF.
[1. Public Hearing to consider Application BOA 0223-0001]
OKAY. I WILL CLOSE THE PUBLIC ON THAT.>> THE FIRST PUBLIC HEARING BOA 022-23001. >> HIT IT, MR. BROWN.
>> CHAIRMAN, THIS APPLICATION IS APPLICANT IS MR. ROBERT MERTON.
THE PARCEL IS 4560 SADDLE HORN TRAIL WITH ZONING OF AGRICULTURE AND RESIDENTIAL AND FUTURE RESIDENTIAL. THE REQUEST IS TO DECREASE THE SIDE SETBACK FOR A BUILDING IN THE DISTRICT FROM 7 AND A HALF FEET TO 5 FEET.
THIS SHOWS YOU, WE HAVE A PICTURE OF THE SIGN, PROVED THAT THE SIGN WAS POSTED AND AN AERIAL OF THE PARCEL. WE MAY COME BACK TO THIS OR MAY NOT HAVE TO.
NOTICE THAT ALMOST BACK HALF OF THE PARCEL IS IN THE RETENTION POND.
THE PARCEL A LOT 7 IN FOX MEADOWS THAT WAS PLATTED IN JANUARY OF 1991.
THE APPLICANT WISHES TO PLACE A 12 BY 32 FOOT STORAGE SHED 5 FEET FROM THE SOUTHERN PROPERTY LINE. THERE IS AN EXISTING CONCRETE SLAB ON WHICH THE OWNER USES FOR THE PLACEMENT OF THE SHED. THE REAR AS I POINTED OUT IN THE PHOTO, THE REAR 200, PLUS OR MINUS FEET OF THE PROPERTY IS A SHORTAGE POND AND 25 FOOT WIDE EASEMENT WHICH ENCROACHES ON THE PROPERTY IN QUESTION.
THERE IS ALSO A DRAINAGE EASEMENT WHICH ELIMINATES THE IDEA OF PUTTING THAT IN THAT AREA. ACCORDING TO THE SITE PLAN IN THE APPLICATION, THERE ARE EXISTING CANOPY TREES IN THE REAR OF THE PROPERTY BETWEEN THE RETENTION POND AND THE HOUSE WHICH LIMITS THE ABILITY TO PLACE STORAGE SHED IN THAT PARCEL.
THE A RZONING DISTRICT REQUIRES 7 AND A HALF FOOT SIDE SETBACK FOR ALL STRUCTURES. THERE ARE SPECIALITIES WITH THE HARDSHIP AND THE VARIANCE WOULD BE IN HARMONY WITH THE GENERAL INTENT OF THE CODE AND THEREFORE STAFF IS RECOMMENDING APPROVAL OF THE REQUEST REDUCED THE SIDE SETBACK ON THE SOUTH PROPERTY LINE FOR STRUCTURE DOWN TO FIVE FEET. HERE ARE PHOTOS PROVIDED BY THE APPLICANT THAT SHOWS THE GENERAL LOCATION OF WHERE TE STRUCTURE.
YOU CAN SEE THERE IS A NEIGHBORING YARD HAS A STRUCTURE THAT IS ALREADY LOCATED IN THIS AREA IN ADJACENT WHERE THE SHED IS DESIRED TO BE LOCATED.
THERE ARE CRITERIAS YOU ARE AWARE, 6 CRITERIA FOR REVIEWING AND GRANTING A VARIANCE. I WILL BRIEFLY GO OVER EACH OF THOSE.
AS I INDICATED, THERE IS A STORM WATER IMPOUNDMENT WITH 25 FOOT WIDE EASEMENT ON THE REAR OF THE PROPERTY AND DRAINAGE ON THE NORTH SIDE OF THE PROPERTY ALONG WITH
[00:05:04]
THE TREES IN THE REAR OF THE PROPERTY LIMITS WHERE THIS, THE SHED CAN BE LOCATED.NONE OF THE SPECIAL CONDITIONS ARE THE AS A RESULT OF THE APPLICANT.
THE APPLICANT DID NOT TAKE ANY ACTION RESULTING IN THOSE CIRCUMSTANCES.
THE GRANTS OF THE VARIANCE WILL CONFER FOR THE ZONING DISTRICT AND PROPERTY OWNERS BY REDUCING THE SIDE SETBACK. THE INTERPRETATION WILL REQUIRE THE STORAGE SHED 7 AND A HALF FEET FROM THE SOUTH SIDE PROPERTY LINE.
BUT THIS WOULD NOT DEPRIVE OF THE RIGHTS COMMONLY ENJOYED BY OTHERS IN THE SAME DISTRICT, IT WOULD PLACE THE DESIRED SHED CLOSER TO THE RESIDENTIAL AREA AND MAKING IT DIFFICULT TO ACCESS THE REAR YARD. THE REQUESTED VARIANCE TO REDUCE THE SIDE SETBACK TO FIVE FEET AND AGAIN, THE EXISTING DRAINAGE IMPOUNDMENT AND THE LARGE TREES IN THE REAR INHIBIT WHERE THEY LOCATE THE DES DES DESIRED STRUCTURE.
AND THE GRANTING WILL ALLOW REDUCTION FOR THE SETBACK ON THE SOUTH PROPERTY LINE AND THE STAFF BELIEVED IS IN HIT ANDS IN -- FOR YOUR CONSIDERATION AND THIS IS A SURVEY OF THE SITE IF YOU WANT TO LOOK AT THE DETAIL, YOU CAN SEE THERE IS AN ALONG THE NORTH, THERE'S A RETENTION, OR THE DRAINAGE EASEMENT THAT BUTTS UP TO THE HOUSE AND IT SHOWS THE REAR RETENTION AND THE POND AND THE 25 EASEMENT FOR
THAT. >> DO YOU HAVE QUESTIONS? >> I HAVE ONE.
YOU WERE SHOWING THE PHOTOGRAPHS. THE PEOPLE TO THE SOUTH WHO WROTE THE LETTER, DO WE KNOW THAT BUILDING THAT CONCRETE BUILDING THAT ABUTS THEIR COMMON FENCE. IT IS 7 AND A HALF FEET OFF? I'M NOT TRYING TO GET THEM
IN TROUBLE. JUST LOOKING AT COMPARISON. >> I DON'T KNOW.
>> IT IS NOT SHOWING. >> THERE IS NOT A VARIANCE FOR IT.
I WOULD ASSUME IT IS SUPPOSE TO 7 AND A HALF FEET. I WILL TAKE THAT ASSUMPTION.
IT LOOKS CLOSER. >> I HAVE A QUESTION OF THE APPLICANT.
I WILL SWEAR HIM IN. DO YOU HAVE QUESTIONS OF MIKE?
>> YES. >> COME UP AND STATE YOUR NAME FOR THE RECORD.
>> ROBERT MERTON. 4560 SADDLE TRAIL. >> DO YOU STATE THAT
EVERYTHING IS THE TRUTH, SO HELP YOU GOD? >> YES.
>> IN THE PICTURES, HOW FAR BACK, I MEAN, IT IS 32-FOOT LONG STRUCTURE.
AND I CAN SEE THE FENCE YOU HAVE IN THE BACK. IS THIS STRUCTURE TO START
BEHIND THERE? >> MY PLAN IS TO TAKE DOWN THAT FENCE AND PUT THE BUILDING WHERE THE FENCE IS. IT WILL NOT COME FORWARD OF THE HOUSE.
IT ACTUALLY SITS BACK. >> YOU ARE LEAVING ENOUGH ROOM TO SWING INTO YOUR
GARAGE DOORS THERE. >> YES. >> FOR REFERENCE, I DON'T KNOW WHERE THE FRONT OF YOUR NEW BUILDING WILL GO IN RELATIONSHIP WHAT LOOKS LIKE
A TWO STORY GARAGE THING ON THE SIDE. >> IT SHOULD BE PRETTY CLOSE TO THE FRONT EDGE OF THAT STRUCTURE. THE 32 FEET, I BELIEVE THE FENCE IS 6 FEET APART. IF YOU COUNT OUT 1, 2, 3, 4, 5 FENCES POSTS, THAT'S
BASICALLY WHERE IT SHOULD BE. >> OKAY.
OKAY. ANYBODY ELSE HAVE ANY QUESTIONS?
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>> NO. >> OKAY. THANK YOU VERY MUCH, SIR.
>> I WILL OPEN IT UP TO THE PUBLIC TO SEE IF ANYBODY ELSE IN THE AUDIENCE HAS ANY
QUESTIONS? >> SEEING NONE, I WILL CLOSE THAT AND BRING IT BACK TO US
FOR US THAT WE MAY HAVE OF STAFF OR MOTION TO APPROVE. >> I WILL MAKE A MOTION.
>> SECOND V. >> I HAVE A MOTION TO APPROVAL FOR AND A SECOND
>> IT PASSES 3-0. >> THANK YOU, SIR. >> I DO APPRECIATE YOU TAKING THE TIME FOR THIS MEETING. THE SECOND THING, YOU NEED TO BE AWARE OF, YOU HAVE A PROFESSIONAL AND COURTESY STAFF.
I APPRECIATE THEIR HELP IN GOING THROUGH THIS PROCESS. >> THE THREE OF US KNOW THAT. IT IS NICE WHEN THE CITIZENS SEE THAT TOO.
BECAUSE IT IS VERY EASY FOR THE PUBLIC TO PICK ON GOVERNMENT EMPLOYEES.
AND OTHER THAN OUR COUNTY ATTORNEY, I TRY NOT TO PICK ON GOVERNMENT EMPLOYEES.
>> THANK YOU VERY MUCH. HAVE A GREAT EVENING. >> THANK YOU.
>> I WILL OPEN THE SECOND PUBLIC COMMENT AND SEEING NOBODY HERE.
I WILL CLOSET. DO WE HAVE A MEETING FOR NEXT MONTH?
>> WE DO. >> THREE ITEMS? >> MORE SETBACKS?
>> I AM TRYING TO THINK. >> YOU NEED TO BRING US ONE REALLY JUICY.
A HAND-WRINGER. >> YOU MAY HAVE ONE. >> OKAY.
OKAY. >> LIKE THE OUT OF STATE COMPANIES THAT WANT TO BREAK
ALL OF THE RULES. >> WERE YOU ON THE BOARD WHEN RACETRACK CAME DOWN AND CUT THE TREES AND BUILD A SIGN BECAUSE NOBODY KNEW WHERE THEY WERE.
NOBODY SAYS TURN ON 209. THEY SAY TURN AT THE RACETRACK.
>> I TRIED TO KEEP THE -- >> BEHIND THE RACETRACK. >> I TRY TO KEEP THE REAL
BAD ONES. I TELL THEM, DON'T EVEN TRY. >> I THINK THE GENTLEMAN, I REALIZE THAT'S WHAT YOUR COMPANY IS WANTING TO DO. YOU ARE DOING YOUR JOB.
* This transcript was compiled from uncorrected Closed Captioning.