[CALL TO ORDER]
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[APPROVAL OF MINUTES]
BOARD OF ADJUSTMENT MEETING TO ORDER FOR SEPTEMBER 28, 2023.THE FIRST ITEM OF BUSINESS HIS APPROVAL OF THE MINUTES FROM THE LAST MEETING. DO I HAVE AN CORRECTIONS OR COMMENTS OR A
MOTION TO APPROVE? >> MOVE APPROVAL .
>> SECOND. >> I HAVE A MOTION AND A SECOND
ALL IN FAVOR SAY AYE . >> AYE.
>> MOTION APPROVED . UP NEXT, WE HAVE PUBLIC COMMENT. SEEN
[1. Public Hearing to consider Application BOA 0823-0016; Variance to Section 3-6(d)(2) of the County Land Development Code.]
NOBODY HERE FOR PUBLIC COMMENT. SEEING NOBODY HERE, WE WILL GTO BOA 0823-0016. >> THIS APPLICATION IS , THE APPLICANT IS JOHN COPELAND. THE PROPERTY IN QUESTION IS LOCATED AT 7073 KING STREET. THE REQUEST IS TO ALLOW THE PLACEMENT OF AN ACCESSORY STRUCTURE IN THE FRONT YARD OF A PARCEL THAT IS LESS THAN ONE ACRE IN SIZE IN THE AGRICULTURA ZONING DISTRICT. HERE IS AN AERIAL SHOWING YOU THE LOCATION IT IS A WATERFRONT LOT. A LITTL BACKGROUND. THE PARCEL WAS LOT 17 OF THE SUBDIVISION AND IT WAS PLOTTED IN 1949 . THE PARCE IS LOCATED IN THE AR ZONING DISTRICT AND IT IS 0.64 ACRES IN SIZE. ARTICLE 3 SECTION THREE -- SECTION 3-6(D)(2) STATES THAT WITHIN THE ZONING DISTRICT, IF THE LOT IS LESS THAN ONE ACRE IN SIZE NO ACCESSORY STRUCTURE CAN BE LOCATED IN THE FRONT YARD. THUS THE REASON FOR THE REQUESTED VARIANTS. THE DEPARTMENT SHE SLOPES FROM KING STREET AT AN ELEVATION OF APPROXIMATELY 135 FEET DOWN TO LAKE BROWARD WITH AN ELEVATION OF APPROXIMATELY 108 FEET. THERE IS A DROP OFF AND I WILL GO INTO MORE DETAILS ON THAT. THE STEEPEST PART OF IT IS LOCATED BETWEEN THE RESIDENTIAL DWELLING AND -- AN THAT IS DEFINED AS THE REAR YARD. THERE ARE 12 OAK TREES THAT ARE LOCATED BETWEEN THE HOUSE AND THE WATERS OF THE LAKE. HERE ARE TWO PHOTOS. ON SHOWS YOU FROM THE HOUSE BACK TO LAKE BROOKLYN. YOU CAN SEE THE SLOPE AND THE TREES AND THE THE OTHER PHOTO IS FROM, I BELIEVE, THE PROPERTY, THE ROA IT KING STREET LOOKING ACROSS THE WATER. BOTH SHOW THE SLOPE. THIS IS A TOPOGRAPHIC MA AND I KNOW IT IS HARD TO READ BUT, IT IS A ONE FOOT CONTOUR MAP AND YOU CAN SEE THE SLOPE OF THE PARCEL. AS YOU ARE AWAR THERE ARE SIX CONDITIONS TO CONSIDER WHEN ISSUING OR DENYIN A VARIANCE. I WILL TOUCH BRIEFLY ON EACH ONE. OF THE PARCEL DOES SLOPE FROM APPROXIMATELY 135 FEET ALONG KINGS STREET DOWN TO 108 FEET AT LAKE BROOKLAND AND THERE ARE 12 OAK TREES ON THE SITE BETWEEN THE HOUSE AND LAKE BROOKLAND WHICH IS DEFINED AS THE BACKYARD. THE DESIRE IS TO NOT ADVERSELY IMPACT THE OAK TREES AND OF THE SLOPE, ESPECIALLY IN THE BACK, MAKES IT ESPECIALLY DIFFICULT FOR LOCATING AN ACCESSORY STRUCTURE . THE EXISTING SLOPE AND THE PRESENT TREES ARE NOT THE RESUL OF ANY ACTIONS BY THE APPLICANT THE GRANTING OF THE VARIANCE
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WILL ALLOW FOR THE ACCESSORY STRUCTURE TO BE PLACED IN THE FRONT YARD. OTHER WATERFRONT PARCELS IN THE AR ZONING DISTRICT THAT ARE LESS THAN ONE ACRE, IT IS PROHIBITED BY CODE HOWEVER, THE CODE DOES ALLOW FOR WATERFRONT LOTS THAT ARE LESS THAN 0.75 ACRES IN SIZE. SO , PARCELS IN THE DISTRICT AFTER WATERFRONT THAT ARE LARGE THAN THREE QUARTERS OF AN ACRE, YOU ARE ALLOWED TO PLACE AN ACCESSORY STRUCTURE IN THE FRON YARD OR THE REAR YARD. SO THERE IS THE OPTION. PART OF THE ISSUE IS -- AT .368 ACRES. TH INTERPRETATION OF THE ORDINANCE WOULD REQUIRE THE PLACEMENT OF THE ACCESSORY STRUCTURE IN THE REAR OF THE PROPERTY AND IT IS ONE OF THE MORE STEEPER AREAS O THE SUBJECT PROPERTY AND THAT WOULD HAVE THE POTENTIAL TO ADVERSELY IMPACT THE EXISTING OAK TREES. THE BENEFICIAL USE OF THE PROPERTY IS NOT AFFECTED BY THE GRANTING OF THE VARIANCE THERE IS ALREAY A USE THAT IS PROBLEMATIC, AT LEAST FROM TH STANDPOINT OF THE APPLICANT TO PUT THIS IN THE REAR. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE AND OF THE PARCEL WAS GREATER THAN THREE QUARTERS OF AN ACRE, THE ACCESSORY STRUCTURE WOULD BE PROMOTABLE ON THE FRONT YARD. STAFF FINDS THAT THE REQUEST T ALLOW PLACEMENT OF AN ACCESSORY STRUCTURE IN THE FRONT YARD OF THIS PARCEL IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE HOWEVER STAFF BELIEVES THERE AR SPECIAL CIRCUMSTANCES THAT EXIS WHICH INCLUDE THE SLOPE AND THE PROTECTION OF HIS SEXTING EXISTING OAK LEAVES. DO YOU HAVE ANY QUESTIONS OF STAFF?>> IF YOU WILL GO BACK TO THE PHOTOGRAPH ON PAGE -- THE PAGE THAT SHOWED THAT, IT LOOKS LIKE WHERE THEY HAVE CLEARED FROM THIS BUILDING, ON THE RIGHT SIDE, IT LOOKS LIKE THEIR ADJACENT NEIGHBOR HAS A GARAGE BUILT IN THEIR FRONT YARD AS WELL ON A PARCEL THAT SEEMS TO BE ABOUT THE SAME SIZE.
>> I BELIEVE SO BUT I DO NOT KNOW HOW TO RESPOND TO HOW IT
GOT THERE. >> IT LOOKS TO ME LIKE THEY ARE KIND OF SORT OF BUILDING IN THE SAME AREA. THEY ARE PUTTING ON RIGHT NEXT TO WHAT THEIR NEIGHBOR DID.
>> WHAT WE DID HERE AND I BELIEVE IT WAS FROM THAT NEIGHBOR, THEY SENT AN EMAIL AN THEY HAD NO CONCERNS EXCEPT THE WANTED TO MAKE SURE THAT THE OA TREE THAT WAS BETWEEN THEM AND THE PROPERTY LINE WOULD REMAIN THERE. THAT WAS THERE ONLY
COMMENT. >> IS THAT AN OAK TREE IN THE
>> THERE IS ALSO ONE IN THE FRONT.
>> I SEE THAT. >> THEY DID NOT STIPULATE. THEY JUST MADE THE COMMENT. TO PROTECT IT.
>> OKAY. >> THEY WISH THAT THE TREE THA IS NEAR THE PROPERTY LINE WOULD BE PROTECTED.
>> SURE. OKAY. >> DOES ANYBODY HAVE ANY OTHER COMMENTS? OKAY. IF YOU WOULD COME UP AND INTRODUCE YOURSELVES, I NATURE NAME AND ADDRESS FOR THE RECORD.
>> DIANE COPELAND, 707 13TH STREET.
>> WILL YOU PLEASE GET CLOSER T THE MICROPHONE?
>> CAN YOU HEAR ME NOW? >> IT IS NOT US. IT IS THE GUY
IN THE BACK RECORDING IT. >> DIANE COPELAND, 707 KINGS
STREET, FLORIDA. >> JOHN COPELAND. SAME ADDRESS
>> TELL US WHAT YOU ARE TRYING TO ACCOMPLISH?
>> I JUST WANT A PLACE FOR MY WIFE TO PARK HER CAR.
>> SO BASICALLY, A TOYBOX ? >> IF YOU HAVE NO GRANDBABIES
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YOU NEED TO HAVE THE JET SKIS.>> AS LONG AS THERE IS WATER IN LAKE BROOKLYN, THAT IS FINE.
>> DOES ANYBODY HAVE QUESTIONS FOR THE COPELAND ?
>> WHAT IS THE HEIGHT OF THE GARAGE STRUCTURE YOU WILL BUILD AND IT IS 3/12 SO 17. AT THE TOP. SO, IF YOU LOOK AT MY HOUSE, WHAT MY DORMER IS, I THINK THE TOP OF THAT IS RIGHT AT 17 SO, THE TOP OF THE GARAGE WOULD BACK OUT.
>> SO NOT A TWO STORY GARAGE? >> THEY HAVE A TWO STORY AND THEY THINK THAT IS WHY THE GARAGES LIKE TWO TIERS.
>> AND IT IS GOING TO BE ABOUT 2400 SQUARE FOOT STRUCTURE ?
>> I THINK IN THAT RANGE. IF I SAY THAT NOW, CAN I TAKE AWAY FROM THAT. WHAT IF I WANT TO KNOCK IT DOWN TO 2200?
>> IF WE GRANTED, YOU CAN ALWAY GO BACKWARDS.
>> RIGHT . OKAY. I JUST WANTED TO MAKE SURE.
>> IS THERE A SQUARE FOOTAGE O WHAT MR. COPELAND WANTS?
>> IF YOU USE MATH, -- , AND HIT HIM WITH THIS GOBBLE? IS THAT LEGAL? OKAY. YOU CAN CERTAINLY GO SMALLER. THANK YO VERY MUCH. WE APPRECIATE THAT. ANY QUESTIONS FROM STAFF OR DO HEAR CONVERSATION OR MOTIONS?
>> I WOULD MOVE APPROVAL OF -- HOLD ON --
>> BOA 0823-0016 . >> YES. WHAT HE SAID. DO I HAV
>> I WILL SECOND. I WILL SECON YOUR MOTION.
>> ALL THOSE IN FAVOR SAY AYE .
>> THAT PASSES, 2-1. CONGRATULATIONS.
[2. Public Hearing to consider Application BOA 0823-0017; Variance to Section 3-33A.III.5.b.vi of the County Land Development Code.]
>> THE NEXT ONE, WE DON'T HAVE AN APPLICANT HERE. WHAT DO WE
DO? DO WE CONTINUE THAT? >> THAT IS YOUR PREROGATIVE.
WHAT DO YOU WANT TO DO? >> WE CAN TAKE IT OUT AND VOTE EITHER WAY OR WE COULD VOTE TO PUT HIM OFF.
>> WELL, HE CAN'T PULL A ZONIN PERMIT WITHOUT US BLESSING THE
LANDSCAPE. >> HE COULD BUT HE WOULD HAVE T -- HE COULD NOT IMPACT THAT 10 FOOT LANDSCAPE.
>> HE WOULD HAVE TO REDESIGN. >> YES.
>> WHO WAS THE APPLICANT? >> THE AGENT IS
WATKINSON. >> I KNOW HIM AND I DON'T SEE
HIM HERE. >> THE CHILLER COMES BECAUSE IT TAKES UP THE WHOLE SIDEWALK.
>> MIKE, COULD YOU PUT THAT PLAN UP THERE FOR THE SITE?
>> YES. >> LET'S SEE . THIS IS THE AREA WHERE -- I KNOW IF YOU LOOK U THERE, THAT IS WHERE THE CHILLER IS PROPOSED TO BE LOCATED .
>> AT THE BACK OF THE BUILDING? >> BECAUSE OF HOW WE DEFINE WITH ROAD FRONTAGE, THERE REALL IS NOTHING --
>> BECAUSE FRONTAGES ON ALL FOU SIDES?
>> YES. >> AT LEAST ON THREE SIDES?
>> BUT THEY ARE REQUIRED TO HAV A FREESTANDING BUILDING. THEY ARE REQUIRED TO HAVE A 10 FOOT LANDSCAPE BUFFER AROUND THE
BUILDING. >> WHAT IS ON THE OTHER SIDE OF
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-- ON THE SIDEWALK AND THAT IS JUST THE REAR EXIT.>> BUT THAT YOUR IS TO GET INSIDE THE STRUCTURE THAT
>> SO, THE DRAWING DOES NOT ADDRESS THE DOUBLE DOOR IN THE
SINGLE DOOR THAT ARE OUTLINED. >> IT DOES NOT.
>> DO THEY OPEN UP ONTO THE GRASS? OR WILL BE THERE BE
CONCRETE? >> I ASSUME THERE WILL HAVE TO
BE CONCRETE FOR IT. >> YOU KNOW, SPEAKING JUST FO ME, I DON'T REALLY HAVE A PROBLEM WITH IT. I UNDERSTAND WHAT THEY ARE TRYING TO DO. THEY HAVE GOT TO PUT IT SOMEPLACE. BUT, I DON'T LIKE NOT HAVING THE APPLICANT HERE.
>> AND I DON'T LIKE NOT HAVING DIMENSIONS ON THIS ENCLOSURE.
HOW BIG WILL IT REALLY BE? WE DON'T REALLY KNOW WHAT CHILLER
THEY WILL BE USING. >> CAN WE CONTINUE IT?
>> YES. YOU MAY. >> BUILD WON'T BE HERE NEXT MONTH AND YOU WON'T BE. AND WE WILL HAVE TWO NEW GUYS. OR A NE
GUY AND THEY KNEW GIRL. >> PERHAPS BRIAN WILL BE HERE NOT IN THE PLAN AND THAT COULD END UP BEING 34 FOOT LONG.
>> ON THE ARCHITECTURAL PLANS THAT WE DON'T HAVE, IT IS
PROBABLY ON THEIR. >> WE CAN, IF YOU DECIDE TO LOOK AT IT, YOU CAN ASK FOR ADDITIONAL INFORMATION, IF YOU
WOULD LIKE. >> MAYBE WE WANT TO SEE THE CONCRETE THAT GOES TO THOSE DOORS AND THE SIZE OF THAT ENCLOSURE. JUST SO WE ARE NOT PASSING SOMETHING.
>> THE CONCRETE -- >> WHAT DOORS?
>> THE DOUBLE DOORS. THERE IS DOUBLE DOOR DOWN HERE AND THEN SINGLE DOOR. SO, IS THE WHOLE THING GOING TO BE CONCRETE? I DON'T KNOW WHAT THOSE DOORS GO TO.
>> HOW MUCH ARE THEY TAKING AWAY? WE DON'T REALLY HAVE THAT LANDSCAPE PLAN. ARE THEY TAKING UP BUSHES?
>> THAT IS TYPICALLY WHAT I DO. I WILL SAY, I NEED TO REMOVE THAT TREE BUT I WILL PUT IT OVE THERE. I JUST NEED TO REPOSITIO
THEM. >> THIS IS A LITTLE MORE THAN THAT BECAUSE THE REQUIREMENT I FOR A 10 FOOT LANDSCAPE BUFFER AROUND THE BUILDING SO, EVEN IF THEY MOVE THE VEGETATION THAT WOULD GO THERE SOMEWHERE ELSE, THEY ARE STILL IMPACTING THE
LANDSCAPE. >> AND IT LOOKS TO BE THE WIDTH OF A HANDICAP SPOT AND THAT IS WHAT, 16 OR 18?
>> IT IS SIGNIFICANT. AND I WOULD PASS IT IF THEY WERE HERE
TO TELL US MORE. >> I WOULD RECOMMEND THAT WE CONTINUE IT. UNTIL HE CAN BRIN IT BACK IN SINCE HE IS NOT HERE
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I'M NOT GOING TO TURN IT DOWN. >> I MAKE A MOTION THAT WE
CONTINUE IT AND REQUEST -- >> CAN WE GIVE THE AUDIENCE A
CHANCE TO SPEAK? >> IF THE CAMERA GUY WOULD HAND THE AUDIENCE SO WE CAN SEE THE ECHO CHAMBER THAT WE HAVE.
CLOSING THE PUBLIC HEARING AND THANK YOU, MISS ATTORNEY.
>> I WOULD MAKE A MOTION THAT WE CONTINUE IT AND REQUEST THAT THE APPLICANT BRING BACK MORE DETAILS OF DIMENSIONS, WHAT IS GOING BACK THERE, CONCRETE. AN ACTUALLY SHOW UP IN PERSON.
>> SHOW UP . I WILL SECOND THAT MOTION.
>> SO, WE HAVE A MOTION AND A SECOND TO CONTINUE. UNTIL NEXT MONTH. ASSUMING WE HAVE A MEETING NEXT MONTH. ALL IN
>> OPPOSED? OKAY. CONTINUED. THE NEXT ITEM IS PUBLIC COMMENT I WILL OPEN AND CLOSE IT BECAUSE THERE IS NO PUBLIC HERE AND, BEFORE I CLOSE THIS MEETING I WANT TO SAY YOU CODE TO MR. EAU CLAIRE FOR YOUR YEARS OF SERVICE. I DON'T KNOW HOW TO GO FORWARD WITHOUT HAVIN YOU ON MY LEFT.
>> WELL, WE WILL REBUILD. >> YOU KNOW, THERE HAVE BEEN TIMES THAT WE DON'T AGREE ON THINGS BUT IT IS NICE TO HAVE SOMEBODY TO PRESENT THE OTHER SIDE.
>> IT HAS BEEN MY PLEASURE TO SERVE. I HOPE I DID SOME GOOD.
I KNOW I DID SOME DAMAGE BUT I HOPE I DID SOME GOOD.
>> ARE WE ALLOWED TO REQUEST THAT THE COUNTY PUT TOGETHER A
NICE APPROPRIATE PLAQUE FOR HIM >> YOU MAY REQUEST WHATEVER YO
LIKE . >> I DON'T HAVE A BUDGET. BUT IF WE CAN SEND HIM SOMETHING NICE ?
>> CAN I TAKE MY NAMEPLATE? YO ARE NOT GOING TO FIND ANOTHER WILLIAM EAU CLAIRE ANYTIME SOON.
>> AND STAFF WOULD LIKE TO SAY THANK YOU FOR SERVING AND YOUR
SUPPORT OF STAFF. >> IF I COULD HAVE FOUND MY BADGE I WOULD HAVE BROUGHT THAT% IN TONIGHT.
>> I TOLD STAFF THAT IF THEY ABANDON US I WOULD NOT TURN IN MY BADGE. I JUST WALKED INTO COURT NEEDS OFFICE THE OTHER DA AND THEY ASKED TO I WAS AND I' LIKE, I HAVE
* This transcript was compiled from uncorrected Closed Captioning.