[CALL TO ORDER] [00:00:07] MAY 25TH, 2023, BOARD OF ADJUSTMENT MEETING. ANYONE IS WELCOME TO COME UP AND TALK ABOUT ANYTHING THEY WANT NOT HAVING TO DO WITH TONIGHT'S AGENDA ITEMS. SEEING NO ONE STANDING UP, WE WILL MOVE ONTO THE PUBLIC [APPROVAL OF MINUTES] HEARING PORTION. WE'LL START WITH THE APPROVAL OF MINUTES FROM LAST MONTH. >> I MOVE APPROVAL. >> SECOND. >> OKAY. HAVING A MOTION AND A SECOND. ALL THOSE IN FAVOR OF PASSING SAY AYE. >> AYE. >> LAST MONTH'S MINUTES HAVE BEEN APPROVED. [1.  Public Hearing to consider Application BOA 0423-0009; Variance to Section 3-6(d)(1) and Section 3-17(2) of the County Land Development Code.] OKAY. WE WILL MOVE ONTO PUBLIC HEARING TO CONSIDER APPLICATION BOA 0423-0009 AND WE'LL HEAR FROM STAFF FIRST. >> MR. CHAIRMAN AND BOARD, APPLICATION BOA 0423-0009, THE APPLICANT IS LOCATED AT LAKE ASBURY UNIT 10, LOOKING FOR AN ACCESSORY BUILDING IN THE SIDE YARD. HERE'S A VIDEO SHOWING YOU AN OUTLINE OF THE PARCEL. JUST A NOTE, THE FRONTAGE IS ALONG BECK ROAD IN THIS CASE EVEN THOUGH IT'S ON A CORNER LOT. PART OF THE REASON FOR THE REQUEST IS BECAUSE OF THAT. THIS IS A LITTLE SKEWED, BUT HERE'S A SITE PLAN SHOWING WHERE THEY DESIRE, WHERE THE APPLICANT DESIRES TO PLACE THE ACCESSORY STRUCTURE. IN THIS SURVEY, BECK ROAD FRONTAGE OR THE FRONT YARD IS TO THE LEFT. THIS IS LOT 17 OF LAKE ASBURY UNIT 10 SUBDIVISION WHICH WAS PLATTED IN 1973 AND IS 0.73 ACRES IN SIZE. AS I POINTED OUT IN THE AERIAL, IT IS A CORNER LOT WITH FRONTAGE ALONG BECK WHICH IS THE FRONT YARD AND ALONG ARTHUR MOORE DRIVE. THE REAR YRD IS OPPOSITE OF THE FRONT YARD WHICH FRONTS BECK COURT. PART OF THE REASON FOR THE REQUEST IS THAT ALONG THE REAR OF THE PROPERTY LINE, THERE IS A 10-FOOT WIDE UTILITY AND DRAINAGE EVESMENT THAT RUNS THE ENTIRE LENGTH OF THE PROPERTY LINE. THE SETBACKS ARE 20-FEET IN THE FRONT, 7.5-FEET ON THE SIDE AND THE IMPORTANT ONE IS THE REAR IS 15. AS YOU'RE AWARE, THERE ARE SIX CRITERIA TO JUDGE A VARIANCE ON. I'LL TOUCH ON EACH OF THOSE. THE FIRST ONE DESCRIBES ANY SPECIAL CIRCUMSTANCES AND AS I POINTED OUT, THE FRONTAGE ALONG BECK ROAD IN THE YARD LIMIT IT IS NARROWNESS OF THE LOT, THE PARCEL LIMITS THE BACKYARD IN THIS AREA, WHICH DOES INCLUDE THE 10-FOOT EVESMENT, WHICH NO STRUCTURES CAN BE LOCATED ON TOP OR WITHIN. THE SPECIAL CONDITIONS RELATED TO THE CONFIGURATION OF THIS PARCEL ARE NOT A RESULT OF ANYTHING THAT THE APPLICANT HAS DONE. THE PARCEL IS CONFIGURED AS IS DEPICTED ON THE RECORDED PLAT. THE GRANTING OF THE VARIANCE WILL CONFER ON THE APPLICANT A [00:05:03] SPECIAL PRIVILEGE DENIED BY OTHERS IN THE RB ZONING DISTRICT WHICH PROHIBITS ACCESSORY STRUCTURES IN THE SIDE YARDS. THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DEBRAVE THE APPLICANTS OF RIGHTS COMMONLY ENJOYED BYES IN THE RB APPLICANTS OF RIGHTS COMMONLY ENJOYED BYP THE APPLICANTS OF RIGHTS COMMONLY ENJOYED BYR THE APPLICANTS OF RIGHTS COMMONLY ENJOYED BYI THE APPLICANTS OF RIGHTS COMMONLY ENJOYEV THE APPLICANTS OF RIGHTS COMMONLY ENJOYEE THE APPLICANTS OF RIGHTS COMMONLY ENJOYED BYES IN THE RB ZONING DISTRICT. THE GRANTING OF THE VARIANCE, STAFF BELIEVES, WILL NOT BE INJURIOUS TO THE AREA OR DETRIMENTAL TO THE PUBLIC WELFARE. THE SIDE YARD IS ADJACENT TO A CUL-DE-SAC AT THE TERMINATION OF BECK COURT. ALL SETBACKS WILL BE REQUIRED TO BE MET FOR THE ADU SHOULD THE VARIANCE BE APPROVED AND STAFF BELIEVES WE'LL PROVIDE ADEQUATE BUFFERING TO THE PARCEL TO THE WEST. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT OF THE LAND DEVELOPMENT CODE AND I FORGOT TO PROVIDE A RECK MEN DECISION, WHICH STAFF DOES RECOMMEND APPROVAL OF THIS VARIANCE. DO YOU HAVE ANY QUESTIONS OF STAFF AT THIS POINT? >> YOU SAID THE REAR SETBACK REQUIREMENT WAS WHAT? >> 15-FEET. >> SO IF THAT'S THE CASE, THE 10- 10-FOOT EASEMENT REALLY DOESN'T AFFECT IT. THANKS. ANY OTHER QUESTIONS? CAN WE SEE THE PICTURE OF THE SITE PLAN? >> I HAVE A QUESTION. YOU STARTED TALKING ABOUT AN ADU. IS THAT DIFFERENT FROM JUST A SHED. IT SOUNDS LIKE AN ACCESSORY DWELLING UNIT MEANING SOMEONE COULD LIVE THERE. >> YES, THAT'S THE THE PURPOSE OF THE ACCESSORY DWELLING UNIT AND THERE ARE ADDITIONAL REQUIREMENTS FOR AN ADU IN THE CODE, BUT AN ADU IS ALLOWED IN THE RB ZONING DISTRICT, OH IT'S AN ALLOWABLE USE, IT'S JUST THAT THEY ARE WISHING TO PLACE IT IN THE SIDE YARD RATHER THAN IN THE REAR YARD WHERE THE ZONING DISTRICT REQUIRES IT TO BE. >> SO YOU CAN SEE CLOSELY WHAT IT IS. THAT'S A PRETTY GOOD SIZED STRUCTURE. >> I NOTED WHEN I LOOKED AT IT BEFORE, IT SAYS NEW ENTERTAINMENT COTTAGE. WHATEVER, BUT IT'S NOT NECESSARILY A DWELLING UNIT AND I WANT TO MAKE SURE THERE'S NO EFFECT OF THAT. IS IT A DWELLING UNIT? >> THE APPLICATION INDICATED AN ACCESSORY DWELLING UNIT, SO. BUT EITHER AN ACCESSORY STRUCTURE SHED OR SOME TYPE OF OTHER -- >> EITHER ONE. >> OR AN ADU IS ALLOWED IN THE RB ZONING DISTRICT. YOU WOULDN'T BE APPROVING A VARIANCE FOR A USE, IT'S INSTRUCTLY THE LOCATION. >> OKAY. ANY OTHER QUESTIONS FOR STAFF? COULD THE RAYS OR THE REPRESENTATIVES COME UP PLEASE? DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? >> YES, SIR. MY NAME IS CHRIS TURNER. MY ADDRESS IS 505 BECK COURT. >> HOW ARE YOU ASSOCIATED WITH THIS PROJECT? >> I'M THE GENERAL CONTRACTOR BUT THEY'RE MY IN-LAWS. >> IF IT DOESN'T WORK YOU'RE IN BIG TROUBLE, HUH? >> PROBABLY SO. >> ALL RIGHT, TELL US WHAT'S GOING ON. >> THEY'RE WANTING TO BUILD IT. MY WIFE'S MOTHER IS A LITTLE VIETNAMESE LADY WHO COOKS FOR 100 PEOPLE AND EVERY TIME THEY HAVE FAMILY OTHER, THE HOUSE THERE IS NOT BIG ENUGH SO THEY WANT THIS LITTLE THING FOR GUESTS TO SAY IN AND SHE CAN ENTERTAIN HER FRIENDS AND FAMILY SHE'S GOT. >> OKAY. ANYBODY ON THE BOARD HAVE QUESTIONS FOR MR. TURNER? >> HAVE YOU TALKED WITH ANY OF THE NEIGHBORS ABOUT THIS [00:10:01] REQUEST? >> WE POSTED THE SIGNS, NO, SIR. HUNDREDS OF PEOPLE DROVE BY AND LOOKED AT IT WHEN THE ROAD WAS SHUT DOWN WHEN THAT CULVERT FAILED >> IS THERE ANYONE IN THE AUDIENCE TO SPEAK FOR OR AGAINST THIS? EVEN IF WE APPROVE IT, YOU REALIZE THAT SEPTIC AREA MAY NOT BE BIG ENOUGH. >> YES, SIR, WE HAD A SEPTIC CONTRACTOR COME OUT AND CERTIFY THE SIZE OF THE TANK FOR THE SIZE OF THIS BUILDING. >> ANYMORE QUESTIONS? >> JUST ONE. I'M ASSUMING THIS STRUCTURE WOULDN'T FIT IN THE REAR YARD? >> YEAH, IT'S KIND OF HARD TO SEE JUST FROM THE TOPOGRAPHICAL PICTURE, BUT THAT TEN FOOT EASEMENT, IT PROBABLY FALLS OFF FROM THE EXISTING HOUSE. IT'S ON A STEM WALL ANYWAY. IT'S PROBABLY 15 TO 20-FEET DIFFERENCE SO IT WOULD BE IMPRACTICAL TO BE THERE. YOU WOULD HAVE VERTICAL ACCESSIBILITY AND OTHER NIGHTMARISH THINGS. >> I HAVE A QUESTION FOR MIKE. WHAT IS CONSIDERED THE REAR YARD? IS IT BEHIND THE REAR WALL OF THE HOUSE? >> YES, BEHIND THE REAR WALL OF THE HOUSE ALL ALONG THE PROPERTY LINE. THAT'S HOW WE DEFINE THE REAR. >> OKAY. DOES ANYBODY ON THE BOARD WANT TO MAKE A MOTION. >> I DOESN'T KNOW IF WE CLOSED HIS -- >> I GUESS WE HAVEN'T. I GUESS WE'RE DONE WITH YOU. [LAUGHTER] >> THANK Y'ALL. >> MOTION TO APPROVE. >> I'LL SECOND. >> DO YOU WANT TO DISCUSS? DOES ANYONE ELSE WANT TO SPOKE FOR OR AGAINST THIS? >> I DID THAT. >> ALL IN FAVOR SAY AYE. >> AYE. >> OPPOSED? MOTION CARRIES. YOU HAVE YOUR VARIANCE. WE'LL MOVE ONTO BOA 0423-0010. [2.  Public Hearing to consider Application BOA 0423-0010; Variance to Section 3-6(d)(1) and Section 3-16(b)(2) of the County Land Development Code.] CORRECT MY STATEMENT WHEN I STARTED OUT, TODAY IS JUNE 22ND. I WAS READING MAY 25TH BECAUSE THAT WAS THE MINUTES. I SAID THAT WRONG. SO STAFF. >> CHAIRMAN AND BOARD, THERE'S A CONSISTENT THEME AMONG ALL THE REQUESTS TODAY. 0423-0010 IS AN APPLICATION BY MR. MARK STODDARD. THE PROPERTY IS TO ALLOW A PLACEMENT OF AN ACCESSORY INSTRUCT SHIRR IN THE FRONT YARD IN AN RA ZONING DISTRICT. YOU WILLSTRUCTURE IN THE FRONT AN RA ZONING DISTRICT. YOU WILL SEE HERE AN EARLIER OF THE PARCEL. IT'S A LONG, NARROW PARCEL. THE SUBJECT PARCEL IS LOT 11-A OF THE HOLLYWOOD FOREST SUBDIVISION WHICH WAS PLATTED IN 1950. THE PARCEL IS 100-FEET WIDE AND 585-FEET DEEP. THE PARCEL IS DEVELOPED WITH AN EXISTING RESIDENTIAL DWELLING, POOL, AND ACCESSORY STRUCTURES. THE REAR PART OF THIS PARCEL CONTAINS WETLANDS AND THE APPLICANT DESIRES TO PLACE A DETACHED GARAGE IN THE FRONT YARD OF THE PARCEL. STAFF FINDS THAT THE REQUEST TO LOCATE A DETACHED GARAGE OR AN ACCESSORY STRUCTURE IN THE FRONT YARD IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE, HOWEVER, STAFF BELIEVES THERE ARE SPECIAL CONDITIONS IN PLACE AND THAT THE GRANTING WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AND STAFF RECOMMENDS GRANTING APPROVAL. AGAIN, LOOKING AT THE SIX CRITERIA, THE WETLANDS IN THE REAR PORTION OF THE PARCEL, IN ADDITION THE SEPTIC SYSTEM AND DRAIN FIELD ARE LOCATED IN THE REAR BEHIND THE HOUSE ALONG WITH AN EXISTING IN-GROUND POOL THAT LIMIT IT IS AREA IN THE REAR FOR [00:15:03] THE DESIRED DETACHED GARAGE. THE SPECIAL CONDITIONS ARE NOT A RESULT OF ANY ACTION BY THE APPLICANT. THE GRANTING OF THE VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD WILL CONFER ON THE APPLICANT A SPECIAL PRIVILEGE DENIED BUT OTHERS IN THE RA ZONING DISTRICT BY ALLOWING THAT IN THE FRONT YARD. THE RA ZONING DISTRICT, WITH THE EXCEPTION OF WATER FRONT LOTS, ACCESSORY STRUCTURES ARE PROHIBITED IN THE SIDE OR FRONT YARD. THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD MAKE IT DIFFICULT TO LOCATE THE ACCESSORY STRUCK SHIRR ON THE PARCEL, THE EXISTING WETLANDS, PARCEL, THE EXISTING WETLANDS, IN-GROUND POOL AND SEPTIC SYSTEM IMPACT THE REAR OF THE PROPERTY WHERE THE ACCESSORY STRUCTURE WOULD BE REQUIRED. THE BENEFICIAL USE OF THE PROPERTY IS NOT DEPENDANT ON THE ABILITY TO PLACE AN ACCESSORY STRUCTURE IN THE FRONT YARD. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE. THE STRUCTURE WILL BE REQUIRED TO MEET ALL THE SETBACKS FOR THE RA ZONING DISTRICT WHICH WOULD PROVIDE ADEQUATE SEPARATION OF THE SEPARATE PROPERTIES. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT OF THE COUNTY LAND DEVELOPMENT CODE. ANY QUESTIONS OF STAFF? I BROUGHT THIS IN AT THE END BUT BEFORE YOU GET TO THE QUESTIONS, THIS IS A BOUNDARY MAP SHOWING WHERE THE DESIRE TO LOCATE THE ACCESSORY STRUCTURE, IT'S IN THE UPPER RIGHT, IF I CAN SEE IT WAS HAND DRAWN IN. RIGHT IN THAT AREA IS WHERE THE STRUCTURE IS INTENDED TO BE LOCATED. THIS SHOWS A LITTLE CLOSER UP SHOWING AN ESTIMATE OF THE SETBACKS. WITH THAT, DO YOU HAVE ANY QUESTIONS OF STAFF? >> NOT ME. >> QUESTIONS? >> I GUESS THEIR PROJECTED LOCATION MEETS ALL THE SETBACK REQUIREMENTS? THERE'S NO ISSUE WITH ANY OF THOSE? >> YEAH. THAT'S THE -- AGAIN, THE USE OF AN ACCESSORY STRUCTURE IS ALLOWED IN THE DISTRICT. IT'S JUST A MATTER OF LOCATION AND BECAUSE THE ACCESS -- THAT'S THE FRONT YARD OF THIS PARCEL. OPPOSITE WAS THE REAR AND THAT'S WHERE THE WETLANDS ARE ANYWAY, SO. >> OKAY. SO THAT PICTURE THERE IS GOING IN THE SAME ORIENTATION AS THE AERIAL SHOT WE HAVE IN OUR PACKET? >> YEAH. >> OKAY. SO THAT MAKES THAT GARAGE LOOK AWFUL CLOSE TO THE HOUSE ON THE NEXT PROPERTY. >> YEAH BUT IT STILL MEETS THE REQUIRED SETBACKS. >> ANYMORE REQUESTS FROM STAFF? >> NO. >> ALL RIGHT, COULD WE HAVE A REPRESENTATIVE COME UP? DO YOU SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, BOTH OF YOU? >> GO AHEAD. >> HE'S THE CONTRACTOR, I'M THE OWNER, MARK. >> KEEP CLOSE TO THE MICROPHONE. >> IT IS ON TELEVISION. >> I NEED NAMES AND ADDRESSES, PLEASE. >> LARRY SWANSON, 2703 RED FOX R ROAD, ORANGE PARK, FLORIDA. >> MARK STODDARD, HARVEY GRANT ROAD. >> WHAT ARE WE ASKING FOR? WHY MUST WE HAVE THIS? >> AS YOU CAN SEE, THE PROPERTY IS PROBABLE -- AND WE CAN GET YOU THE COMPAQ BUT IT'S PROBABLY 300-FEET BACK FROM HARVEYTHE EX 300-FEET BACYOU THE EXACT BUT I 300-FEET BACK FROM HARVEY GRANT ROAD. WE'RE ON THE BACKSIDE OF THAT. WE CAN'T PUT THE BUILDING IN THE BACK OF THE PROPERTY BECAUSE IT'S WETLANDS, SEPTIC TANK ISSUES. THERE'S A WELL ON THE WAY AROUND SO ACCESS WOULD BE VERY HARD TO GET TO. THERE'S NO GARAGE AND WE HAVE [00:20:01] LET FRIARS THE NEIGHBORS. THEY PUT THE VARIANCE TINE UP. THE NEIGHBORS ARE AWARE OF IT AND THEY HAVE SIGNED LETTERS THAT IT'S FINE WITH THEM. >> OKAY, ANY QUESTIONS FOR THESE GENTLEMEN? >> WILL THE STRUCTURE LOOK SIMILAR TO THE HOUSE? WHAT ARE YOU GOING TO MAKE IT OUT OF? >> IT'S A METAL BUILDING. IT'S IN THE PERMIT APPLICATION. IT'S A METAL STRUCTURE. TYPICAL CAROLINA-TYPE BUILDING. >> WE LIKE TO MAKE SURE, BECAUSE WE DON'T SEE WHAT YOU'RE GOING TO PUT THERE, THAT YOU'RE PUTTING SOMETHING THAT'S APPROPRIATE. SOME THINGS WE SEE ARE KIND OF SCARY. ARE WE GOING TO KEEP THE TREES TO TRY TO BLOCK IT FROM THE NEIGHBOR'S VIEW OR ANYTHING? >> ALL THAT WAS THERE WAS SOME PALMETTES AND STUFF. WE'LL PROBABLY PLANT SOME SHRUBBERY AROUND IT TO BRING DOWN THE APPEARANCE OF A METAL BUILDING, BUT THE NEIGHBORS ARE ALL AWARE OF WHAT TYPE OF BUILDING IS GOING THERE, WHERE IT'S LOCATED AND ALL THAT. SHOULDN'T BE A PROBLEM. >> ANYMORE QUESTIONS? >> WHAT'S THE HEIGHT? >> 14-FEET AT THE EVAVE. >> ALL RIGHT. NO MORE QUESTIONS. YOU GENTLEMEN CAN HAVE A SEAT. ANYONE IN THE AUDIENCE FOR OR AGAINST THIS? NO ONE THERE. ANYTHING TO DISCUSS? >> I THINK THE WETLANDS HAS A DEFINITE IMPACT THERE. BASED ON THAT, I WOULD MAKE A MOTION TO APPROVE. >> I'LL SECOND. >> ALL THOSE IN FAVOR SAY AYE. >> AYE. >> OPPOSED? VARIANCE IS GRANTED. >> THANK YOU. >> ALL RIGHT. [3.  Public Hearing to consider Application BOA 0523-0011; Variance to Section 3-6(d)(1) and Section 3-17(b)(2) of the County Land Development Code.] WE WILL MOVE ON TO BOA 0523-0011. LET'S HEAR FROM STAFF. >> MR. CHAIRPERSON AND BOARD, THIS APPLICANT IS SHAWN THOMAS. THE PARCEL IS AT 3152 CREIGHTON LANDING ROAD. RB SINGLE FAMILY ZONING DISTRICT. FUTURE LAND USE AND, AGAIN, ALLOW THE PLACEMENT OF ACCESSORY STRICTURE IN THE SIDE YARD IN THE RB ZONING DISTRICT. HERE'S AN AERIAL OF THE PARCEL. HERE'S A SURVEY OUTLINED IN THE GREEN UP THERE IS WHERE THE ACCESSORY STRUCTURE IS DESIRED TO BE LOCATED. THE STRUCTURE IS PARTIALLY BEHIND -- I'VE GOT IT IN MY PRESENTATION, BUT THE PARCEL IS PARTIALLY ENCLOSED AND PARTIALLY CANOPY-TYPE AND THAT CANOPY IS WHAT IS ON THE SIDE. THE ENCLOSED PART IS TO THE REAR AND THE REAR PARCEL. THE SUBJECT PARCEL IS LOT 7 OF THE CREIGHTON FOREST UNIT 2 PLATTED IN 1948. THE PARCEL IS APPROXIMATELY 0.54 ACRES AND DEVELOPED WITH AN EXISTING RESIDENTIAL DWELLING. THERE'S AN EXISTING 30-FOOT INGRESS AND EGRESS EASEMENT THAT TRAVERSES THE FRONT OF THE PARCEL. THIS HAS REQUIRED THE RESIDENTIAL UNIT TO BE PUSHED BACK A LITTLE FURTHER ON THE PARCEL, WHICH LIMITS AREA IN THE REAR YARD. THE APPLICANT DESIRES TO PLACE A 20-FOOT BY 40-FOOT ACCESSORY STRICTURE, A PORTION OF WHICH IS ENCLOSED AND A PORTION OF WHICH IS AN OPEN CANOPY. AS I INDICATED BEFORE, THE PROPOSED ENCLOSED PORTION OF THE ACCESSORY STRUCTURE WILL BE IN THE REAR YARD WITH THE OPEN CAN BY AREA AND THE SIDE YARD. PURSUANT TO THE APPLICATION, THERE ARE WETLANDS AS WELL AS SEPTIC TANK AND DRAIN FIELD ON ONE SIDE, WHICH PROHIBITS THE ABILITY TO ACCESS THE STRUCTURE ON THAT SIDE. ON THE OTHER SIDE, THERE'S A WELL WHICH PREVENTS MOVING THE ACCESSORY STRUCTURE FURTHER BACK INTO THE REAR OF THE PARCEL. STAFF FINDS THAT THE REQUEST TO LOCATE AN ACCESSORY STRUCTURE IS NOT CONSISTENT WITH THIS LAND [00:25:06] DEVELOPMENT CODE, HOWEVER, STAFF BELIEVES THERE ARE SPECIAL CIRCUMSTANCES IN PLACE THAT THE GRANTING OF THE GRANTING VARIANCE AND THAT THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AND THEREFORE STAFF RECOMMENDS APPROVAL OF THE VARIANCE. AGAIN, QUICKLY GOING THE CRITERIA, THE 30-FOOT EASEMENT THAT TRAVERSES THE FRONT YARD HAS FORCED THE DEVELOPMENT OF THAT RESIDENTIAL UNITE TO BE PLACED FURTHER BACK ON THE PARCEL THAN WHAT WOULD NORMALLY BE REQUIRED AND THAN SOME OF THE ADJACENT RESIDENTIAL STRUCTURES. THERE'S AN EXISTING SEPTIC TANK AND DRAIN FIELD THAT LIMIT PLACING THE ACCESSORY STRICTURE ON ONE SIDE AND A WELL ON THE OTHER SIDE WHERE THE ACCESSORY STRUCTURES PROPOSE THAT LIMITS BEING ABLE TO PLACE THAT STRUCTURE FURTHER BACK IF THAT PARCEL. SPECIAL CONDITIONS ARE NOT A RESULT OF ANY ACTION BY THE APPLICANT. THE GRANTING OF THE VARIANCE WILL CONFER. THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD MAKE IT DIFFICULT TO PLACE THAT ACCESSORY STRUCTURE ON THE PARCEL BECAUSE OF AN EXISTING ACCESSORY IN THE WELL. THE BENEFICIAL USE IN THE PROPERTY IS NOT DEPENDANT ON THE ABILITY OF THE STRUCTURE TO BE PLACED IN THE SIDE YARD. THE GRANTING OF THE VARIANCE STAFF BELIEVES WOULD NOT BE INJURIOUS TO THE AREA OR DETRIMENTAL TO THE PUBLIC WELFARE. ALL THE OTHER SETBACKS REQUIRED IN THE RB ZONING DISTRICTS WILL BE MET AND COMPLIED WITH AND THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT OF THE COUNTY LAND DEVELOPMENT CODE. DO YOU HAVE ANY QUESTIONS OF STAFF? QUESTIONS? NO QUESTIONS. CAN WE HAVE OUR REPRESENTATIVE COME UP, PLEASE? >> GOOD AFTERNOON BOARD, THANK YOU FOR CONSIDERING -- >> DO YOU SWEAR THE TELL THE TRUTH AND NOTHING BUT THE TRUTH? >> YES, I DO. I'M SHAWN THOMAS. I HAVE LARGER SCALE PLANS IF YOU CARE TO SEE THEM. >> YES, PLEASE. STAFF TOOK WORDS STRAIGHT OUT OF MY MOUTH. EVERYTHING HE DESCRIBED IS WHAT I WAS GOING TO SHARE. I LIVE ON A PRIVATE ROAD. WE HAVE NINE HOMES ON OUR ROAD. BECAUSE OF THE FULL ROAD EASEMENT IS IN MY FRONT YARD, IT REALLY PUSHES MY HOUSE BACK QUITE A BIT AND LEAVES ME VERY LITTLE ROOM IN THE BACK. IT ALSO BACKS UP TO A TIDAL CANAL WHICH IS ANOTHER RESTRICTION I DIDN'T PUT IN THE APPLICATION. YOU CAN SEE BEHIND THE ACCESSORY LOCATION THERE'S A WELL THAT PUSHES IT FURTHER FRONT AS WELL ON THE LEFT SIDE OF THE HOUSE. THERE'S WETLANDS AND SEPTIC TANK DRAINAGE SO THERE'S NO ACCESS AT ALL. MY NEIGHBOR ACROSS THE STREET HAS A VERY SIMILAR STRUCTURE. HIS HOUSE IS SHORTER THAN MINE AND PLUS HE DOESN'T HAVE TO DEAL WITH THE ROAD EASEMENT. IT'S BASICALLY THE SAME STYLE STRUCTURE. I HAVE AN E-MAIL E-MAILED IN YESTERDAY BY MY NEIGHBOR ON THE SAME SIDE. THEY SUBMITTED TO I THINK THE DRC E-MAIL THAT WAS PROVING IT WAS A WELL AND HE HAS NO OBJECTION TO IT. IT'S A CAROLINA-TYPE BUILDING AND WILL BE THE COLOR OF THE HOUSE AS WELL. IT'S JUST THE CANOPY PORTION, BOAT PARKING I WAS TRYING TO GET ON THE SIDE. >> GOT YOU. ANY QUESTIONS FOR THE APPLICANT? >> NOPE. >> ALL RIGHT, MAY HAVE A SEAT. IF ANYBODY HAS ANY OBJECTIONS. IS THERE ANYONE HERE FOR OR AGAINST THISAGAINIS THERE ANYON AGAINTHERE ANYONE HERE FOR OR AT TIS THERE ANYONE HERE FOR OR AGAINST THIS APPLICATION? ALL RIGHT. >> LOOKING AT THE PLANS, CAN'T REALLY GO ANYWHERE ELSE. I WOULD MAKE A MOTION TO APPROVE. >> I STILL HAVE A QUESTION FOR [00:30:03] YOU, ACTUALLY. IF THAT ROOF WAS CANILEVERED OVER, IT WOULD BE FINE, RIGHT? YEAH, THAT'S WHAT I THOUGHT. THAT'S THE CONSTRUCTION PART. ANY OTHER DISCUSSION UP HERE? >> I'LL CONTINUE WITH MY MOTION TO APPROVE. >> SECOND. >> WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY AYE. >> AYE. >> OPPOSED? YOUR VARIANCE HAS BEEN GRANTED. >> THANKS. >> YOU'RE GOOD BUT I WANT TO ASK MIKE, YOU CAN HAVE AN A CANILEVER OUT ANY DISTANCE? AGAIN, JUST TALKING JACKSONVILLE, YOU CAN GO A FOOT OR TWO BUT MORE THAN THAT, NO, THAT CAN'T GO INTO A SETBACK OR SOMETHING. >> IT CAN'T GO INTO THE SETBACK AND IT COULD NOT GO INTO THE YARD. JUST LIKE IT CANNOT GO INTO THE SET BACK, IT CAN'T GO IN THE SETBACK. >> YOU CAN DO THE SLAB AS LONG AS YOU'RE NOT DIG ANYTHING VERTICAL. >> RIGHT, ANYTHING OVER THREE FEET ACCORDING TO OUR CODE. >> ALL RIGHT, JUST WONDERING. [4.  Public Hearing to consider Application BOA 0523-0013; Variance to Section 3-6(d)(2) of the County Land Development Code.] >> ALL RIGHT. I WILL MOVE ONTO BOA 0523-0013. LET'S HEAR FROM STAFF. >> ALL RIGHT, MR. CHAIRMAN. THIS IS AN APPLICATION BY EDWARD AND THERESA SAPP. PROPERTY IS LOCATED AT 214 ALDEMAN ROAD. ZONING IS AR-2. THIS IS ALSO A REQUEST TO PLACE AN ACCESSORY UNIT IN THE FRONT YARD. IT'S AN UNDEVELOPED PARCEL PRESENTLY. IT'S A LITTLE DIFFICULT TO SEE, BY IT ALSO SHOWS THE BOUNDARY SURVEY. IT ALSO SHOWS THE BOUNDARY SURVEY.U IT ALSO SHOWS THE BOUN SURVEY.T IT ALSO SHOWS THE BOUN SURVEY. THE PARCEL IS APPROXIMATELY 0.68 ACRES THIS SIZE AND THE UNDIAPID. THE PARCEL BACKS UP TO LAKE GENEVA, SO IT'S A WATER FRONT PARCEL. THEDEVELOPED. THE PARCEL BACKS UP TO LAKE GENEVA, SO IT'S A WATER FRONT PARCEL. THE PARCEL IS LONG AND NARROW JUST OVER 64-FEET ALONG THE FRONTAGE OF ALDERMAN ROAD AND 1500-FOOT WIDTH AT THE REAR OF THE PARCEL ADJACENT TO LAKE GENEVA. IT'S LOCATED IN A SPECIAL FLOOD HAZARD AREA AE WHICH DOESN'T PREVENT DEVELOPMENT, BUT IT MAKES IT A LITTLE MORE PROBLEMATIC. YOU HAVE TO ELEVATE THINGS AND SUCH. WATER FRONT LOTS WITHIN THE AR ZONING DISTRICT WHICH ARE OVER 0.75 ACRES MAY ALLOW AN ACCESSORY STRUCTURE TO BE IN THE FRONT YARD PROVIDED ALL SETBACKS ARE MET. THIS PARCEL IS JUST UNDER THAT SIZE. THE CODE FOR AR-2 PROHIBITS FOR ANYTHING LESS THAN 0.75 ACRES, PROHIBITS ACCESSORY STRUCTURES IN THE FRONT YARD. THE APPLICANT HAS PROVIDED LETTERS AS PART OF THE APPLICATION FROM NEIGHBORS ON BOTH SIDES WHICH INDICATE THEY HAVE NO ISSUES WITH THE PLACEMENT OF THE DETACHED GARAGE IN THE FRONT YARD AND SUBJECT PARCEL. STAFF FINDS THE REQUEST TO LOCATE THE ACCESSORY STRUCTURE IN THE FRONT YARD IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND STAFF RECOMMENDS DENIAL OF THIS REQUEST PRIMARILY BECAUSE STAFF BELIEFS IT'S A LITTLE PREMATURE BECAUSE THERE IS NO RESIDENTIAL STRUCTURE AT THIS TIME, SO IT MAKES IT A LITTLE MORE DIFFICULT TO SAY THAT IT NEEDS TO BE IN THE FRONT YARD. JUST TO GIVE YOU WHERE STAFF'S COMING FROM. HITTING THE CRITERIA, THE PARCEL IS, AGAIN, VERY NARROW WITH 64-FEE 64-FEET ALONG ALDERMAN ROAD AND 100-FEET AT THE REAR AND THE PARCEL IS 0.6 ACRES, WHICH IS JUST UNDER THE 0.75 ACRES THAT [00:35:06] WOULD ALLOW FOR THE PLACEMENT IN THE FRONT YARD. SPECIAL CONDITIONS ARE NOT A RESULT OF ANY ACTION BY THE APPLICANT. THE GRANTING OF THE VARIANCE WILL CONFER THE SPECIAL PRIVILEGE ON THE APPLICANT DENIED OTHERS. THE LITERAL INTERPRETATION WOULD NOT DENY THE APPLICANT RIGHTS ENSQUAWED BY OTHERS IN THE ZONINGJOYED BY OTHERS IN THE ZO DISTRICT. STAFF, HOWEVER, DOES NOT BELIEVE THAT THE VARIANCE WOULD BE INJURIOUS TO THE AREA OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE. AS I INDICATED, NEIGHBORS ON BOTH SIDES HAVE END CAUGHTED THEY HAVE NO ISSUESINDICTED THE HAVE NO ISSUES WITH THE PLACEMENT. ALL OTHER SETBACKS REQUIRED IN THE AR-2 ZONING DISTRICT WOULD NEED TO BE COME APPLIED WITH IF THE VARIANCE IS APPROVED. BECAUSE IT'S UNDEVELOPED, JUST TO LET YOU KNOW, IF THE VARIANCE WAS APPROVED THE ACCESSORY STRUCTURE COULD NOT BE CONSTRUCTED UNTIL THERE'S A PERMIT FOR THE PRIMARY STRUCTURE. IT COULDN'T COME FIRST. WITH THAT, IF YOU HAVE ANY QUESTIONS OF STAFF. >> I WAS GOING TO ASK YOU WHAT YOU JUST SAID BUT AS A PERMIT BEEN SUBMITTED FOR THE HOUSE? >> NO. AS OF -- NOW, I AM NOT AWARE OF ONE. WE CHECKED AND THE APPLICANT WOULD KNOW. SOMETHING MAY HAVE COME IN IN THE PAST DAY OR TWO THAT I'M NOT AWARE OF BUT I DO NOT BELIEF A PERMIT HAS BEEN SUBMITTED. >> ANYMORE QUESTIONS OF STAFF? >> NO. >> WE'LL HAVE THE REPRESENTATIVES COME UP TO THE PODIUM, PLEASE. YOU BOTH SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> SO HELP ME GOD. I'M EDWARD SAPP. THIS IS TERESA SAPP. CURRENTLY WE LIVE ON HAWTHORNE. >> ALL RIGHT, WHAT DO YOU HAVE FOR US? REALLY IT'S SIMPLE. THE REASON WE DON'T HAVE A PERMIT IS BECAUSE OF CLAY COUNTY. WE WON'T GET INTO THAT AND WASTE YOUR TIME WITH THAT. >> WE APPLIED FOR BOTH AT THE SAME TIME BUT WE HAVE RUN INTO ISSUES. >> WE THOUGHT WE COULD BUILD THE GARAGE FIRST BUT THEN THEY SAID NO, SO WE GOT HOUSE PLANS AND THEY'RE SUBMITTED NOW, SO THAT'S WHY YOU DON'T HAVE A PERMIT BECAUSE THEY'RE NOT DONE YET. >> THEY HAVE BEEN SUBMITTED SINCE MARCH 31ST. >> SO YOU HAVE SUBMITTED. >> WE DON'T HAVE THE APPROVED PERMIT. WE SIB MITTED TAT SAME TIME. >> THEYUBMITTED TAT SAME TIME. >> THEY HAVE EVERYTHING RIGHT NOW. >> THEY KICKED OUT THE GARAGE ONE BECAUSE OF THIS. WE WENT TO TAKE -- IT'S A LONG STORY. YOU DON'T NEED TO HEAR IT. WHEN I TALKED WITH KELLY THIS AFTERNOON BEFORE WE CAME HERE, SHE SAID IT LOOKS LIKE WE HAVE EVERYTHING AND WE SHOULD BE GOOD TO GO AND GET TO PAY FOR OUR PERMIT SOON BUT SHE DOESN'T GIVE MANY A SPECIFIC TIME. >> THERE'S A LAKE LOT AND THERE'S NO STRUCTURE BECAUSE WE DON'T HAVEHERE'S A LAKE LOT ANDS NO STRUCTURE BECAUSE WE DON'T HTHERE'S A LAKE LOT AND THERE'S NO STRUCTURE BECAUSE WE DON'T HAVE A PERMIT YET. THE LOT IS LONG AND NARROW AND ON A RIGHT HAND ANGLE WHICH MAKES IT NARROWER IF YOU HAVE TO TURN YOUR HOUSE TO FACE THE LAKE. THEY'RE ALL FACING THE LAKE BUT OUR PROPERTY GOES OFF ON A RIGHT HAND ANGLE. SO IT'S ONLY A 1400-SQUARE FOOT HOUSE. WE'RE NOT TRYING TO BUILD THE TAJ MAHAL, A TWO BEDROOM TWO BATHHOUSE. THE REASON WE NEED -- IT'S A DETACHED GARAGE IS WHAT IT IS. THE REASON FOR THAT IS THE ELEVATION ON THE LAKE IS SERIOUS. I HAVE SOME PICTURES TO SHOW YOU. OH, ALSO, OUR DAUGHTER OWNS THE PROPERTY TO THE RIGHT AND THEY HAVE ALMOST AN ACRE AND WE TRIED TO GET THEM TO GIVE US A PIECE OF THAT AND THE COUNTY BALKED AT THAT. YOU CAN'T DO THAT, YOU CAN'T REDO THIS OR WHATEVER OR WE [00:40:01] COULD HAVE HAD ADEQUATE PROPERTY. SO CLAY COUNTY KEPT US FROM DOING THAT. WHICH IS WHAT IT IS. >> PROBABLY MIKE. >> HERE'S THE PICTURES. YOU CAN SEE THE ELEVATION. IT FALLS OFF DRASTICALLY. YOU CAN SEE THE ROOFS OF OUR NEIGHBOR'S HOUSES. THERE'S JUST NO WAY POSSIBLE TO BUILD A GARAGE ON YOUR HOUSE. YOU BUILD A LITTLE HOUSE BY THE LAKE AND YOU HAVE TO BUILD IT UP THE HILL. >> YOU CAN TRY TO DO IT TWO STORIES AND PUT THE GARAGE UNDERNEATH AND STUFF. >> BUT IT'S THE LONG WAY. >> WHILE THEY'RE LOOKING, DO YOU HAVE OR IS IT IN THE PACKET THE SITE PLAN SHOWING THAT LOCATION OF THE HOUSE AND THE GARAGE? OH, IT'S OVER THERE. GOT YOU. WHAT'S THAT LITTLE STRUCTURE BEHIND THE HOUSE THAT SHOWS ON THE PICTURE HERE? RECTANGULAR? >> THERE'S NO STRUCTURE. >> THERE'S NO STRUCTURE AT ALL. >> I KNOW IT'S NOT CURRENTLY THERE BUT IT'S ON THIS HAND DRAWN -- >> IS THAT A DRAIN FIELD OR SOMETHING MAYBE? >> THERE'S JUST THE HOUSE. >> COME ON UP AND TAKE A LOOK. PROBABLY EASIER TO LOOK HERE. >> OH, YEAH, I'M SORRY, YEAH, YEAH, THAT WAS FOR THE DRAIN FIELD. >> IT'S NOT MARKED. >> I'M SORRY, I COULDN'T SEE IT FROM OVER THERE. >> DO YOU HAVE ANY OTHER QUESTIONS? >> OH, IF I MAY, SEVEN OUT OF TEN TO THE HOUSES TO THE LEFT HAVE STRUCTURES IN THE FRONT AND I DON'T KNOW HOW MANY TO THE RIGHT. >> WE'RE NOT SUPPOSED TO CONSIDER THAT, BUT WE DO HERE. YOUR PROPERTY DOESN'T ALLOW FOR IT, SO. >> WE HAD A COUPLE OF OPTIONS TO TRY TO DO IT, BY. >> KEEP CLOSER TO THE MIC. >> WE HAD A COUPLE OPTIONS TO TRY TO DO IT. >> HOWAL IS THE PROPOSED GARAGE? >> IT'S JUST 12-FOOT TALL. 10-FOOT CEILINGS BUT WITH THE BLOCKS AND TO THE EVE IT'S 12-FOOT OR SOMETHING. IT'S GOING TO MATCH THE HOUSE.A 12-FOOT OR SOMETHING. IT'S GOING TO MATCH THE HOUSE. >> ANY FURTHER QUESTIONS? OKAY. HAVE A SEAT. IS THERE ANYONE HERE FOR OR AGAINST THIS APPLICATION? YES, SIR, COME ON UP. >> I HAVE TO COME UP THERE? >> YES, SIR. >> YOU'RE ON TV. >> GOT TO SPEAK CLEARLY INTO THE MICROPHONE, WE HAVE TO SWEAR YOU IN. >> I'M JAY PAYNE. >> DO YOU PROMISE TO TELL THE TRUTH AND WHOLE TRUTH? >> SO HELP ME GOD. JAY PAYNE, I LIVE NEXT DOOR TO THIS PROPERTY. >> WHAT DO YOU HAVE FOR US? >> I HAVE A GARAGE IN FRONT OF MY HOUSE, SO I FEEL BADLY THAT HE'S BEING NOT PERMITTED TO DO HIS. I DON'T HAVE A PROBLEM. I'M THE ONLY PERSON, QUITE FRANKLY, THAT'S NEXT TO THE PROPERTY. IT'S BEEN AN EMPTY LOT FOR 20 YEARS, 22 YEARS. I RAISED MY CHILDREN, THEY PLAYED IN THAT LOT. NOW THAT THEY'RE BUILDING ON IT, I DON'T HAVE ANY ISSUES WITH WHAT THEY'RE DOING. I DON'T THINK THAT THAT WILL BE A PROBLEM, IF THAT HELPS. IF THERE'S ANYBODY THAT WOULD BE AFFECTED BY IT, IT'S GOING TO BE ME. >> STAY CLOSE TO THE MICROPHONE. WE HAVE A FLASHING LIGHT BACK THERE -- >> OKAY, WE HAVE NO PROBLEM WITH IT. WE WELCOME THEM AND WHAT THEY'RE DOING DOES NOT APPEAR TO BE ANY ISSUE FOR US AT ALL. >> OKAY. WE APPRECIATE YOUR COMMENT. >> THANK YOU. >> WE'LL OPEN IT UP TO DISCUSS HERE ACROSS THE BOARD. >> MY ONLY THOUGHT IS LIKE A CONTINUATION FOR NEXT MONTH TO SEE IF WE CAN GET THEIR PERMITS AND THEIR PLANS FOR THEIR HOUSE. >> WHAT IF WE MADE IT CONTINGENT ON THE HOUSE PLANS BEING APPROVED SIMILAR TO THAT LAYOUT THAT WE HAVE? >> WE CAN'T APPROVE THE BUILDING PERMIT UNLESS THEY GET THE VARIANCE. THEY WILL BE KICKED OUT BY ZONING, RIGHT? WITHOUT THE VARIANCE, THEY WON'T GET A BUILDING PERMIT. >> FOR THE ACCESSORY STRUCTURE. [00:45:03] ONE THING I WASN'T AWARE OF, AND I'M SURE I HAVE NO DOUBT THAT THEY SUBMITTED THE PERMIT FOR THE RESIDENTIAL STRUCTURE. THAT INFORMATION MAY -- I WOULD HAVE CONSIDERED THAT IN MY RECOMMENDATION HAD I KNOWN IT WAS SUBMITTED. I DOESN'T KNOW IT WAS SUBMITTED. SO, YOU KNOW, THEY CAN GET THE PERMIT FOR THE HOUSE WITHOUT THE VARIANCE. IT'S THE LOCATION OF THE ACCESSORY STRUCTURE THAT THEY'RE ASKING THE VARIANCE FOR. >> I DON'T SEE HOW -- THEY WON'T ISSUE THEM, EVEN IF WE APPROVE THE VARIANCE, THEY WON'T ISSUE THEM A PERMIT FOR THE ACCESSORY STRUCTURE UNLESS THE HOUSE GETS A PERMIT. >> RIGHT. CORRECT. >> I DON'T SEE HOW NO MATTER WHAT HAPPENS WITH THAT HOUSE, IF THEY MOVE IT UP OR DOWN A LITTLE BIT OR WHATEVER, IT'S NOT GOING TO CHANGE THE SITUATION. THEY'RE NOT GOING TO -- IT'S STILL GOING TO BE IN THE FRONT YARD. >> YEAH. >> WELL, YEAH F THEY MOVE THE HOUSE A LITTLE IT COULD BE IN THE BACKYARD. >> IF THEY DID THAT, THEY WOULDN'T NEED A VARIANCE. >> CORRECT. [LAUGHTER] >> THEN YOU GET INTO THOSE SLOPE PROBLEMS. I'M WILLING TO MAKE A MOTION FOR APPROVAL. >> I'LL SECOND. I LOOKED ON GOOGLE MAPS UP THE ROAD AND IT SEEMS LIKE EVERYBODY ELSE HAS ONE IN THE FRONT AND IT'S ALMOST FROM ANYWAY. IT'S A VERY SMALL DIFFERENCE IN EVEN NEEDING TO COME HERE. >> SECOND. >> WE'RE STILL IN A DISCUSSION. MY ONLY CONCERN IS THE IDEA OF THE HOUSE. EVERYTHING ELSE WE HAVE APPROVED WE HAVE AN IDEA OF WHAT'S THERE AND WHAT'S GOING TO BE THERE. MOST OF THAT STUFF CAN'T CHANGE. BUT GOD FORBID -- IF IT'S SUBMITTED, THAT'S FINE, BUT PEOPLE MIGHT CHANGE THINGS LAST MINUTE. I BELIEVE HIM WHEN HE SAYS IT'S A 1400-SQUARE FOOT STRUCTURE BUT WHAT IF SOMETHING IS SUBMITTED, YOU KNOW, KELLY, CAN I SIB MITT THIS AND WE'RE GOING TO DO AN 1850-SQUARE FOOT BUILDING? WHAT IF THERE'S A MINUTE CHANGE THIS AND WE'RE GOING TO DO AN 1850-SQUARE FOOT BUILDING? WHAT IF THERE'S A MINUTE CHANGE THAT CAN HAPPEN IN THAT TIME FRAME. WHAT IS IT FOR THEM TO COME BACK AND SAY HERE'S OUR FLOOR PLAN AND THIS STRUCTURE THAT WE HAVE IS GOING TO SIT AND THIS HAS BEEN APPROVED. NOW THAT WE HAVE THAT, OKAY, WE HAVE THIS PLAN THAT WE'RE DOING THAT HAS BEEN APPROVED, HERE'S OUR ACCESSORY STRUCTURE AND THIS IS WHERE IT'S GOING TO GO. I WOULD HAVE TO AGREE WITH STAFF TO THINK I THINK THIS IS PREMATURE. THAT'S MY THOUGHT. >> I AGREE. >> I WOULD HATE TO MAKE A MOTION AND THEY GET DENIED OR WHAT HAPPENS WHEN IT'S A TIE? >> A DENIAL REQUIRES THEM TO WAIT A YEAR TO COME BACK. YOU CAN PLACE A CONDITION ON YOUR MOTION FOR THE SIZE OF THE STRUCTURE OF THE RESIDENTIAL STRUCTURE OR YOU CAN TAKE THE DIRECTION THAT YOU SEEM TO BE DISCUSSING ABOUT POSSIBLY DEFERRING UNTIL NEXT MONTH. >> THEORETICALLY IF WE VOTE IT RIGHT NOW, IT'S GOING TO BE 2-2 AND IT WILL BE A YEAR BEFORE THEY CAN REAPPLY. >> I UNDERSTAND, BUT IF WE SUGGEST AND THEY AGREE TO COME BACK AFTER THEIR HOUSE PLAN IS APPROVED AND WE APPROVE IT, THEY CAN GO AND RESUBMIT SOMETHING ELSE FOR THEIR HOUSE PLANS. I JUST DON'T SEE US MAKING MY REAL DIFFERENCE. THEY CAN COME BACK AND GO WELL, YEAH, I GOT THIS APPROVED BUT I'M GOING TO CHANGE IT TO A 500 OR1500 OR 1800 HOUSE OUR WHATEVER. >> ASKING THE ATTORNEY. IS THERE ONE HERE? CAN WE HAVE THE WORDING SO THEY CAN'T CHANGE THIS HOME AND GIVE THE VARIANCE FOR THE GARAGE. WE HAVE DONE THAT KIND OF STUFF IN THE PAST. >> I DON'T WANT TO SPEAK FOR THE ATTORNEY BUT WHILE HE'S COMING UP. I THINK YOU CAN PUT A CONDITION ON THE VARIANCE APPROVAL IF THAT'S THE DIRECTION YOU GO IF THE SIZE OF THE HOUSE IS THE QUESTION WITH A MAXIMUM SIZE OF THE HOUSE. IF THEY CAME IN WITH SOMETHING LARGER, THEN THE VARIANCE WOULD NOT BE IN COMPLIANCE, WOULDN'T HAVE THE VARIANCE. THEY WOULD HAVE TO COME BACK AT THAT POINT. SO THAT, I DON'T KNOW. >> WE CAN PUT A CONDITION IN [00:50:02] THERE LIKE THAT? >> YEAH, I AGREE WITH THAT. >> WHAT DOES IT MATTER THE SIZE OF THE HOUSE? >> THE SIZE OF THE HOUSE FOR ME WAS JUST AN EXAMPLE. >> STAFF IS ONLY GOING TO APPROVE WHAT'S LEGAL, THE BUILD AREA ON THERE ANYWAY SO I DON'T SEE HOW THAT MAKES A DIFFERENCE. >> RIGHT, THAT WAS JUST AN EXAMPLE OF A SMALL DETAIL IN THIS. I FEEL LIKE A LOT OF THINGS WE HAVE HAD IN THE PAST HAVE A LOT MORE DETAIL THAN WE HAVE IN FRONT OF US RIGHT NOW. LET'S GET A FEW MORE THINGS LINED OUT THIS PAPER SO WE CAN SAY THIS IS WHAT WE'RE LOOKING AT OR THIS IS WHAT WE HAVE WHERE THE THREE WE LOOKED AT DO HAVE A STRUCTURE THERE. YOU CAN'T MOVE THIS HOUSE BUT IF YOU HAVE A COMPLETELY EMPTY LOT, YOU CAN MAKE CERTAIN THINGS WORK. >> AS IT IS, YOU CAN SPOT THE HOUSE AND THE GARAGE AND DO IT THE RIGHT WAY WITHOUT A VARIANCE. THERE'S NO HARM IN US PUTTING THAT CLAUSE IN THERE THAT THEY CANNOT CHANGE -- >> IS IT THE -- WHAT DO YOU NOT WANT THEM TO CHANGE? >> I JUST WANT A BETTER PACKAGE PRESENTED AS TO WHAT THEY WANT TO DO. >> SO PUTTING A CONDITION DOESN'T DO ANYTHING FOR YOU. >> A CONDITION WOULD WORK, I GUESS IT WOULD SATISFY THAT? >> WHAT CONDITION? >> I WANT TO SEE MORE DETAILS. I DON'T THINK IT WOULD BE HARD FOR THEM TO COME BACK. LIKE THE HOUSE, WHETHER IT'S APPROVED TODAY OR NEXT MONTH, THEY'RE NOT GOING TO BE LIVING IN IT IN AUGUST. >> WE'RE APPROVING A BLANK SLATE. WE'RE TOLD THIS IS THE SIZE OF THE GARAGE, IT COULD BE FOUR BAYS WIDE IF WE DON'T SAY WHAT WE'RE ALLOWING. >> ALMOST ASK DE APPLICANT, DO YOU HAVE AN OBJECTION TO APPLICU HAVE AN OT APPLICANT, DO YOU HAVE ANH APPLICANT, DO YOU HAVE ANE APPLICANT, DO YOU HAVE AN OBJECTION TO DEFERRING THIS. >> HE'S GOT TO COME UP. >> UNTIL SUCH TIME THAT YOUR HOUSE PERMIT HAS BEEN APPROVED. >> THE WAY THIS WORKS? IF WE SAY NO TONIGHT, WHICH IS THE WAY IT'S GOING, YOU HAVE TO WAIT A WHOLE YEAR TO RESUBMIT FOR THAT GARAGE. IF WE DEFER IT ONE MONTH AND YOU'RE STILL WORKING ON YOUR HOUSE PERMIT, NO HARM NO FOUL. >> OKAY. SO WE WOULDN'T HAVE TO -- DO WE NEED TO PUT UP A NEW SIGN AD A BUNCH OF -- >> NO, NO, IT'S A CONTINUANCE. >> THAT'S FINE. >> AND YOU COME BACK WITH A BETTER PLAN FOR US. >> WE HAVE EVERYTHING IN THE PORTAL. WELL, ALL THE STUFF FOR THE GARAGE IS GONE BECAUSE WHEN THEY DENIED IT IT, IT ALL WENT AWAY. THAT'S ALL KIND OF NEW. IT WAS NEW TO ME. I DID ALL THE INPUTTING OR WHATEVER AND EVERYTHING IS IN THERE FOR THE HOUSE AND I PROMISE, YOU CAN SEE IT STARTED MARCH 31ST. SO DID THE GARAGE. >> CAN YOU TALK INTO THE MIC, PLEASE? >> I'M SORRY. >> THAT'S OKAY. I HAVE A SCHOOLTEACHER VOICE YOU WOULD THINK YOU CAN HEAR IT FROM ANYWHERE. ANYWAY, THE GARAGE IS ALL GONE. WE HAVE EVERYTHING BUT IT GOT DELETED. >> THAT PART IS FINE. >> WE'RE NOT IN THIS SENSE OF URGENCY BUT IN ALL HONESTY, I WANT TO GO HOME AND I BET YOU DO TOO BUT MY HUSBAND HAS A VERY SPECIAL CAR THAT HE BUILT WHEN HE WAS HEALTHY SO THAT GARAGE IS FOR THAT CAR AND I PROMISE YOU THAT IF WE CANNOT HAVE SOMEWHERE TO PUT THAT CAR, WE'RE PROBABLY NOT GOING TO BE ABLE TO BUILD THIS HOUSE. THAT CAR HAS TO GO WHERE HE IS. MY NAME IS TERRY. >> WE'RE NOT IN THE BUSINESS OF TELLING PEOPLE HARD NO BUT I THINK THE BEST STATEMENT IS IT'S LIKE A BLANK SLATE APPLICATION. SO IF WE DO THIS CONTINUANCE AND YOU CAN BRINK BACK NEXT MONTH, HEY, WE GOT A 20 BY 30 GARAGE THAT'S GOING BACK NEXT MONTH, HEY, WE GOT A 20 BY 30 GARAGE THAT'S G BACK NEXT MONTH, HEY, WE GOT A 20 BY 30 GARAGE THAT'S GOING TO LOOK LIKE THIS. >> WE HAVE THE PLANS FOR EVERYTHING. I PRAY WE'LL HAVE OUR PERMIT BY THEN. >> IF EVERYTHING WORKS OUT, ALL YOU'RE DOING IS MAKING ANOTHER TRIP UP HERE A MONTH FROM NOW TO SHOW US THE PLANS FOR THE GARAGE. >> THAT'S FINE. >> I HAVE BEEN DOING THIS FOR OVER 20 YEARS, YOU HAVE BEEN HERE THREE NOW OR FOUR, THESE TWO GUYS, A YEAR OR TWO. WE DO THIS ALL THE TIME, WE SEE CRAZY STUFF PRESENTED TO US AND WE'RE JUST SUPPOSED TO BELIEVE IT. WE'RE LOOKING FOR HARD PLANS. >> WE HAVE ALL THAT, SO THAT'S FINE. IM SURE WE'LL HAVE OUR PERMIT BY NEXT MONTH. >> SO IF UNDERSTOOD YOU, YOU WANT THE GARAGE PLANS? >> THE GARAGE AND THE HOUSE, JUST A LITTLE MORE DETAIL WITH WHAT YOU'RE TRYING TO DO WITH THE LOT. >> SO WE CAN APPROVE THIS GARAGE? >> IF WE GET OUR PERMIT YOU'LL HAVE ALL THAT, RIGHT? >> NOT UP HERE, NO. WE WON'T. >> WE'RE JUST CITIZENS THAT [00:55:03] VOLUNTEER FOR THESE POSITIONS, WE DON'T HAVE ACCESS. >> IF THEY HAVE BEEN SUBMITTED, I CAN GET ACCESS TO THEM. >> WE'LL BRING THEM. >> WE DON'T NEED YOUR ARCHITECTURE AND THIS AND THAT. WE NEED THE SITE PLAN. WE WANT TO SEE THE SAME THING AND HERE'S WHERE THE HOUSE IS GOING, HERE'S WHERE THE GARAGE IS GOING. HERE'S THE PERMIT SAYING THAT THE HOUSE IS -- IT SHOULD E WITH THE PERMIT ITSELF. >> ONCE WE APPROVE A GARAGE, I COULD GO WITH A FOUR OR FIVE BAY MONSTER AND I REALIZE YOU PROBABLY DON'T WANT TO DO THAT, BUT THEN AGAIN, WE'RE HERE TO PROTECT YOU AND THE OTHER RESIDENTS OF CLAYCLAY COUNTY. >> WE ROULADE LIKE TO CONTINUE THIS FOR YOUWOULD LIKE TO CONTI THIS FOR YOU SO YOU CAN COME BACK. >> HOUSE PLANS AND GARAGE PLANS, THAT'S WHAT YOU NEED? >> THAT'S WHAT I WOULD LIKE, YES, SIR. >> MAKE SURE YOU HAVE THE SITE PLAN. LIKE THAT ONE, THE ONE THAT WAS APPROVED WITH THE HOUSE. >> LIKE A RENDERING OF THE GARAGE. I'M SURE YOU HAVE THAT. >> YES, WE DO. >> OKAY. I DON'T KNOW IF WE CAN EVEN ASK FOR THE HOUSE PLANS BECAUSE WE'RE ONLY APPROVING THE GARAGE. >> WE'RE HAPPY TO BRING THEM. >> ALL RIGHT, THAT BEING SAID -- CONTINUE TO JULY 27TH. >> JUST BRING US THAT INFORMATION NEXT MONTH. >> THIANK YOU. CONTINUANCE? >> AYE. >> WE'LL OPEN UP PUBLIC COMMENT. * This transcript was compiled from uncorrected Closed Captioning.