[CALL TO ORDER] [00:00:07] WITH THAT, I WILL OPEN THE 23RD 2025 CLAY COUNTY BOARD OF [APPROVAL OF MINUTES] ADJUSTMENT MEETING. FIRST ITEM IS THE APPROVAL OF THE MINUTES FROM THE LAST MEETING, WHICH WAS DECEMBER 19 OF 2024. >> I MAKE A MOTION TO APPROVE. >> SECOND. >> MOTION AND SECOND FOR APPROVAL. ALL IN FAVOR SAY AYE. >> AYE. >> SECOND ITEM IS PUBLIC COMMENT . THIS IS A CHANCE FOR ANYBODY HEAR FROM THE PUBLIC TO TALK ABOUT -- WE ONLY HAVE ONE PUBLIC HEARING. I WILL WAIT IF YOU WANT TO TALK ABOUT THAT. YOU CAN TALK ABOUT ANYTHING THAT HAS TO DO WITH PLANNING AND ZONING AND COLLEGE [1.  Public Hearing to consider BOA 24-0017 (District 1, Comm Sgromolo) (J. Bryla)] FOOTBALL. SEEING NO ONE. I WILL CLOSE THAT. I WILL OPEN AND CLOSE IT SINCE I HAVE TWO ATTORNEYS YOUR. I WILL GO TO THE ONE AND ONLY PUBLIC HEARING. BOA 24-0017. I WILL TURN IT OVER TO -- PLANNING DIRECTOR? >> I IN THE ZONING CHIEF. >> OKAY. YOU CHANGE SOMETIMES. OKAY. GO AHEAD. >> THANK YOU. ZONING CHIEF FOR CLAY COUNTY PRESENTING BOA 24-0017 . THIS IS FOR THE PROPERTY LOCATED AT 2566 HORSESHOE BEND ROAD IN MIDDLEBURG. IT IS AN AFTER-THE-FACT VARIANCE TO ARTICLE 3 SECTION 3-13 SUB B 4 . IT DOES NOT ALLOW FOR ACCESSORY STRUCTURES GREATER THAN 3000 SQUARE FEET. THIS IS AN AERIAL OF THE PROPERTY. YOU CAN SEE THE EXISTING SHED ON THE PROPERTY ON THE LEFT-HAND SIDE OF THE SCREEN. AND THE ADJACENT SINGLE-FAMILY HOMES ALONG HORSESHOE BEND AND TO THE SOUTH. A LITTLE BACKGROUND ON THIS PARCEL. IT IS LOCATED ON HORSESHOE BEND. IT LIES SOUTH OF COUNTY ROAD 220 AND EAST OF PLANTATION DRIVE. IT WAS A PLAQUE SUBDIVISION IN 1967. THIS IS LOT 80 OF THAT PLATTED SUBDIVISION. THE PARCEL CONTAINS ABRUPTLY FIVE ACRES. IT HAS A FUTURE LAND USE OF RURAL FRINGE AND A ZONING OF A.R. , AGRICULTURAL RESIDENTIAL. THE LOT SIZE IS AT LEAST 17,424 SQUARE FEET. PARCEL -- THE PARCELS ON EITHER SIDE CONTAIN SINGLE FAMILY RESIDENCES. TO THE NORTH IS A COMMERCIAL SHOPPING CENTER, AS YOU SAW IN THE AERIAL. THE SUBDIVISION CAN TO CONTAINS SUBDIVISION FAMILY UNITS ON ABRUPTLY WANTED TO ACRES. THE APPLICANT HAS ALREADY PUT UP THE 40 BY 124 FOOT POLE BARN ON THE PARCEL WITHOUT PERMITS. THEY DESIRE TO RETAIN THE STRUCTURE. THE STRUCTURE MEASURES APPROXIMATELY 5000 SQUARE FEET, WHICH EXCEEDS THE 3000 SQUARE FOOT MAXIMUM . ALSO, THERE IS NO PRINCIPLE STRUCTURE ON THE PROPERTY. THE PARCEL IS NOT CONSIDERED AN AGRICULTURAL USE AS DETERMINED BY CLAY COUNTY PROPERTY APPRAISER, WHICH REQUIRES , THROUGH FLORIDA STATUTES, A BONA FIDE AGRICULTURAL USE. SO HERE IS THE PLAT, 1967 PLAT OF THE PROPERTY. THIS IS THE LOT , LOT 80 WITHIN THE SUBDIVISION. GOING THROUGH THE CONDITIONS FOR VARIANCE, THERE ARE NO SPECIAL CONDITIONS THAT EXIST ON THE SUBJECT PARCEL THAT ARE NOT SHARED WITH OTHERS ALONG HORSESHOE BEND ROAD. THERE ARE NO SPECIAL CIRCUMSTANCES THAT EXIST ON THE SUBJECT PARCEL . THE CONDITIONS THAT ARE EXISTING ON THE PROPERTY ARE THE DIRECT RESULT OF THE APPLICANT. THERE IS AN ACTIVE CODE ENFORCEMENT CASE ON THE PROPERTY, ALTHOUGH IT IS NOT FOR THE SIZE OF THE SHED. IT WAS FOR A DIFFERENT INFRACTION. THE GRANTING OF THE VARIANCE WILL CONFER ON THE APPLICANT A PRIVILEGED DENIED TO OTHER PROPERTIES WITHOUT A BONA FIDE AGRICULTURAL DETERMINATION BY THE PROPERTY APPRAISER. THE LITERAL INTERPRETATION OF THE [00:05:01] ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE A.R. ZONING DISTRICT. AS YOU CAN SEE BY THE OTHER PRINCIPAL STRUCTURES, RESIDENTIAL STRUCTURES, AND THEIR ACCESSORY USES. THE REQUESTED VARIANCE IS TO ALLOW FOR AN AFTER-THE-FACT ACCESSORY AGRICULTURAL STRUCTURE TO EXCEED 3000 SQUARE FEET TO BE PLACED ON THE PROPERTY WITHOUT A PRINCIPAL AGRICULTURAL USE . THE REQUEST IS NOT THE MINIMUM VARIANCE TO BE ABLE TO TOUR THE CODE ENFORCEMENT VIOLATIONS. AND STAFF'S OPINION, THE GRANTING OF THE VARIANCE WOULD NOT BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE CODE. GRANTING OF THE VARIANCE MAYBE INJURIOUS TO OTHERS AND DETRIMENTAL TO THE PUBLIC WELFARE AS THE STRUCTURES PLACED IN A RESIDENTIAL NEIGHBORHOOD WITHOUT PRINCIPAL AGRICULTURAL USE, NOR RESIDENTIAL USE. THE LAND DEVELOPMENT CODE ONLY ALLOWS FOR ACCESSORY STRUCTURES TO BE PLACED ON A PROPERTY THAT HAS A PRINCIPAL USE IN PLACE. THEREFORE, BASED ON THIS CRITERIA, STAFF DOES RECOMMEND DENIAL OF THE VARIANCE REQUEST. I AM HAPPY TO ANY QUESTIONS YOU MAY HAVE. >> I HAVE A QUESTION. SIZE IS ONE THING, BUT BEING THERE AT ALL IS STILL AGAINST THE CODE. IS THAT CORRECT? >> THAT'S CORRECT. >> JUST WANT TO BE SURE. >> IF YOU LIVE ON THE PROPERTY, YOU CAN HAVE AN ACCESSORY STRUCTURE UP TO A CERTAIN , UP TO 3000, BUT HE IS NOT LIVING THERE. >> THE CODE IS SPECIFIC THAT, UP TO 3000 IF YOU ARE AN AGRICULTURAL USE. FLORIDA STATUTES , I OUTLINED IN THE IN THE STAFF REPORT A LITTLE BIT, FLORIDA STATUTES TAKES INTO ACCOUNT WHAT A BONA FIDE AGRICULTURAL USE IS. THAT IS DETERMINED BY THE PROPERTY APPRAISER. IF YOU HAD A BONA FIDE AGRICULTURAL USE, LIKE YOU WERE RAISING CATTLE OR DOING SOMETHING LIKE THAT, THEN YOU COULD HAVE UP TO A 3000 SQUARE FOOT POLE BARN WITHOUT A HOUSE ON THE PROPERTY. >> GOTCHA. THEY WOULDN'T HAVE TO LIVE THERE IF IT IS AN AGRICULTURAL USE. >> THEN HE COULD HAVE 3000. >> OKAY. I AM CONFUSED . ON THE BOARD ADJUSTMENT APPLICATION, IT SAYS, MY REQUEST IS FOR A VARIANCE TO REZONE MY PROPERTY SO I CAN BUILD A 40 BY 124. BUT, IN FACT, IT IS ALREADY THERE. HE IS NOT ACTUALLY ASKING TO BUILD IT RIGHT NOW IF HE HAS ALREADY BUILT IT . HE SAID WITHOUT A PERMIT. HE DIDN'T GET A BUILDING PERMIT. >> YES, SIR. >> OKAY. >> I DID CLARIFY WITH THE APPLICANT. IN THE STATEMENT HE SAYS HE WANTED TO REZONE THE PROPERTY, AND I CONSIDER THAT I CONFIRMED HE ACTUALLY WANTED A VARIANCE. >> EXACTLY. ANYBODY ELSE GOT QUESTIONS OF JENNY BEFORE I SWEAR IN MR. TORRES. IF YOU WOULD STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. >> GARY TORRES , 2632 ROSEWOOD COURT ORANGE PARK FLORIDA. >> DO YOU SWEAR EVERYTHING ABOUT THE STATE IS THE TRUTH SO HELP YOU GOD. >> YES. I JUST GOT BAD ADVICE ON BEING AG RESIDENTIAL. I DIDN'T REALLY UNDERSTAND IT. MOST OF MY FRIENDS HAVE AG AND DIFFERENT STUFF. ANYWAY. I'M TRYING TO GET IT PERMITTED. IT BECAME A VARIANCE OF BEING 3000. I'M ALSO PERMITTING MY HOUSE NOW. THE BUILDING DEPARTMENT KNOWS, I'M ALREADY IN THE PROCESS OF BUILDERS FIRST CHOICE PULLED UP ON MY TRUST DETAILS. AND GET MY PERMIT AND START BUILDING SO I CAN HAVE A PRINCIPAL STRUCTURE. BUT YES, I GOT BAD ADVICE AND PUT IT UP, NOW AM TRYING TO GET IT ALL INSPECTED AND TRYING TO PULL THE PERMIT AND EVERYTHING ELSE. EVERYTHING WAS ALREADY GOING IN FOR THE PERMIT, BUT THE VARIANCE HAS GOT ME FOR THE 3000. >> WHO BUILT THE POLE BARN? >> I HAD FRIENDS DO IT. I HAD LEGIT PLANS ENGINEERED AND EVERYTHING. I HAVE THE PLANS. I HAVE ENGINEERED ALREADY. I HAVE TO GO TO UNIVERSAL TO GET IT INSPECTED. IF I GET THE VARIANCE, I WILL GO THROUGH UNIVERSAL TO INSPECT IT. >> LOOKING AT THE PHOTOGRAPHS, I MEAN, YOU HAVE A 40 FOOT SPAN. PRETTY BIG TRESSES. >> I HAD ENGINEERING ON THE TRESSES. >> ARE THOSE EIGHT BY EIGHT ? >> YES, SIR. >> HOW HIGH? IS IT CLEAR? >> 15 FEET ON THE SIDES. [00:10:05] >> WHAT DID YOU USE FOR FOOTINGS? >> WE WENT DOWN AND POURED AROUND THEM. I HAVE THE PLANS . I ENDED UP USING A FRIEND OF MINE'S PLANS , BARRY BEASLEY. BUT THEN I WENT TO GO AHEAD AND GET THE CO-ENGINEER AND EVERYTHING ELSE TO APPLY. IT IS THEY ARE. LIKE I SAID, I ALREADY TALK TO RICKY WITH UNIVERSAL , AND HE IS WILLING TO COME IN AND INSPECT AND MAKE SURE EVERYTHING IS UP TO CODE. >> OBVIOUSLY, OF COURSE, I AM AN ENGINEER, AND -- >> IT IS ALL OPEN. >> YOU GET A TORNADO COMING THROUGH THEIR, -- THERE, THE EIGHT BY EIGHT IS NOT GOING ANYWHERE. YOU HAVE A FOUNDATION THAT WILL HOLD IT IN PLACE, BUT THE ROOF WILL GO FOR MILES. >> I WENT STRONGER ON THE METAL. 26GAUGE INSTEAD OF 29. >> HOW DO YOU HAVE IT ANCHORED TO THE EIGHT BY EIGHT TO KEEP IT FROM GOING? >> THE BOLTS AND EVERYTHING THAT ARE ENGINEERED FOR THE TRESSES TO GO ON THE EIGHT BY EIGHT. IT IS ALL ENGINEERED. I DO HAVE THE PLANS. I EVEN SUBMITTED IT TO THE -- >> SIGNED AND SEALED? >> SIGNED AND SEALED AND EVERYTHING. BY ABT TRESSES . I HAVE ALL THE AND ENGINEERING. I WILL BE GOING THROUGH UNIVERSAL TO GET IT PASSED AND INSPECTED TO MAKE SURE THAT EVERYTHING IS UP TO CODE. >> I SEE A COUPLE TIMES CODE ENFORCEMENT CASES . WHEN YOU CAME BEFORE THE CODE ENFORCEMENT BOARD, WHAT DID THEY TELL YOU? THE CODE ENFORCEMENT BOARD -- >> I APPLIED FOR THE PERMIT AND DID EVERYTHING. THAT IS WHEN THE VARIANCE HAS BEEN AN ISSUE AT 3000. I ALSO HAD A , BUT I'M GETTING RID OF THAT BECAUSE I'M 1300 FEET SHORT FOR BEING FIVE ACRES. I'M GOING TO GO AHEAD AND PULL THE CONEX. >> WHAT KIND OF BUSINESS DO YOU RUN? >> I DON'T RUN A BUSINESS OUT OF THEIR. -- THERE. I HAVE SUBS THAT GO TO THE JOB. KNOW GUYS COME TO MY HOUSE. PEOPLE COME IN AND LEAVE. I KNOW YOU GOT THAT EMAIL. THE ONE THAT IS BEEN AGAINST ME AND FILING EVERYTHING ON THE ZONING, HE'S THE ONE THAT HAD A BUSINESS. BESIDES, ME AND MY NEIGHBOR CALLED IN ON HIM AND HAD TO MOVE HIS BUSINESS. I DO HAVE LETTERS FROM NEIGHBORS ON EACH SIDE OF ME AND THE TWO IN FRENEMIE SAY THEY DON'T HAVE A PROBLEM WITH THE SIDES OF MY BUILDING OR ME OR ANYTHING. >> SO YOU BUILD -- BUILT WITHOUT A PERMIT A 40 FOOT BY 124 FOOT POLE BARN WITH 15 FOOT CLEARANCE TO STORE WHAT? >> I WANTED AS A WORKSHOP. I DIDN'T KNOW WHAT TO REALLY APPLY FOR OR TO SAY. AG, EVERYBODY WAS LIKE, DO THE AG THING. I JUST WANT TO WORKSHOP. I WANT TO KEEP MY STUFF OUT OF THE WEATHER. I WORK ON VEHICLES. WE BUILT TRUCKS, MY SON AND I. WE GO TO TRUCK SHOWS. THAT IS WHAT WE DO. YES, I HAVE A BUSINESS, BUT ALL MY SUBS DON'T COME TO MY PROPERTY. I SEND THEM STRAIGHT TO THE JOB. THEY HAVE ALL THEIR EQUIPMENT. I HAVE NOTHING TO DO WITH THEM EXCEPT SENDING THEM TO WHERE THEY NEED TO GO. >> CAN I ASK A QUESTION OF STAFF? STEVE, HAVE YOU BEEN OUT TO LOOK AT THE STRUCTURE? >> ONE THING THAT KINDA SURPRISES ME, YOU ARE IN THE CONCRETE BUSINESS, OBVIOUSLY, YOU HAVE TO BE VERY FAMILIAR WITH GETTING PERMITS. BUT WE DON'T GET A PERMIT. >> LIKE I SAID, I GOT BAD ADVICE ON THE AG. BEING FIVE ACRES, I THOUGHT TO PUT ME IN A DIFFERENT BRACKET. >> STILL NEED A PERMIT. >> THAT IS WHY I'M GOING FOR ONE NOW. THAT IS WHY I'VE DONE EVERYTHING. IT IS THE VARIANCE PART THAT HAS BEEN THE ISSUE NOW. LIKE I SAID, I DO HAVE LETTERS FOR MY NEIGHBOR SAYING THEY DON'T HAVE A PROBLEM WITH IT AT ALL. SIGNED AND DATED AND EVERYTHING. I AM TRYING TO GET IT INSPECTED, LIKE I SAID, TO MAKE SURE IT IS UP TO CODE AND EVERYTHING ELSE. SO I HAVE NO PROBLEMS. I'M PULLING THE PERMIT ON MY HOUSE. HE TALK TO THEM, TALKED TO STEVE. EVEN THE CODE ENFORCEMENT LADY KNOWS THAT I AM PULLING THE STUFF. I HAVE 3 TO 4 WEEKS AT BUILDERS FIRST CHOICE, THEN I GO TO BREWERIES, AND THEY SAID ROUGHLY 3 WEEKS. IN SEVEN WEEKS [00:15:04] I SHOULD HAVE MY HOUSE PLANS, AND THEN I CAN DO WHAT I WANT WITH MY HOUSE. AND THEN, YOU KNOW, LIKE I SAID, AFTER I PULL THIS PERMIT AND DO EVERYTHING, THAT I HAVE THE PRINCIPAL STARTING, AND THAT I CAN WORK ON THE POLE BARN. HOWEVER YOU WANT TO CALL IT. THERE ARE SO MANY DIFFERENT WAYS OF SAYING IT. BUT I DO WANT TO WORKSHOP. I WANT MY STUFF OUT OF THE WEATHER. ALSO, WHEN HE BUILT TRUCKS, I WANT THEM OUT OF THE WEATHER. >> IF I CAN ASKED JENNY. ONCE HE HAS A HOUSE THERE , THEN HE CAN STILL HAVE -- THEN HE COULD HAVE A 3000 FOOT ? >> THE CODE REQUIRES AN THEY ARE ZONING DISTRICT . WE HAVE HEARD CONVERSATIONS ABOUT THE HOUSE WOULD NEED TO BE IN FRONT OF THE PRINCIPAL STRUCTURE, OR THE ACCESSORY STRUCTURE, >> HAVE YOU SEEN THE HOUSE PLANS? >> NO, SIR. THEY HAVE NOT BEEN SUBMITTED. >> ARE YOU FAMILIAR WITH WHAT SHE IS SAYING? YOU MAY NEED ANOTHER VARIANCE. >> PROBABLY. I GUESS SO. WHAT IT IS IS, THE WETLANDS UP FRONT THAT I HAVE, I WOULD RATHER HAVE MY HOUSE BEHIND ME FURTHER BACK , BECAUSE MOST OF MY UPLANDS ARE THERE . IT IS COMES IN AT A WEIRD ANGLE. THAT IS WHY PUT MY BUILDING THERE. >> THE SURVEY YOU SUBMITTED SHOWS THE POLE BARN BEING 270 FEET OFF OF HORSESHOE BEND . BUT YOU ARE THINK A LOT OF THAT IS WETLANDS? >> YES, SIR. RIGHT UP FRONT IS WHERE I HAVE MY FENCE AND EVERYTHING ELSE. THIS IS MY HOUSE PLAN THAT I WILL BE PULLING. ROUGHLY A LITTLE BIT OVER 78 ON THE ROOF. >> WHERE IS IT GOING TO BE PLACED ON THE SITE PLAN? >> KIND OF RIGHT IN THE MIDDLE. SEE WHERE THE GRASS IS OR WHATEVER IT IS? RIGHT THERE IN THE MIDDLE. >> SO THE POLE BARN WILL BE IN THE FRONT YARD? >> YES. SEE HOW THE TREE-LINED -- I WAS TRYING TO KEEP THE TREES TO KEEP ME AWAY FROM MY NEIGHBORS. YOU KNOW, MORE OF A CLEARANCE. THAT IS WHY WANTED TO BUY THE HOUSE FOR THE BACK, SO I CAN ENJOY A. -- IT . >> JENNY OR STEVE, WHAT HAPPENS WHEN HE GOES TO PULL THE PERMIT FOR THE HOUSE, BUT THE POLE BARN, IF IT IS THERE, BEING IN THE FRONT YARD IS ALREADY THERE ? WHAT HAPPENS IN THAT CASE? DOES HE HAVE TO GET ANOTHER VARIANCE? DO YOU NEED STEVE TO SPEAK WHERE HE CAN BE HEARD ON THE MIC? >> YOU HAVE HOUSE PLANS. YOU DON'T HAVE A SITE PLAN YET SHOWING -- >> NOT YET. >> RIGHT THERE, THAT LOOKS LIKE IT IS OVER THE PROPERTY LINE, BUT YOUR THING IS OFF. I AM 20 FOOT FROM THE PROPERTY LINE. IT LOOKS OFF. I DID GET THE SURVEY FROM THEM. SHOWING WHERE IT IS. BECAUSE WHEN WE LOOK AT THAT, EVEN THOUGH THEY SAID THE PROPERTY APPRAISER 'S THING IS NOT TOTALLY CORRECT, BUT IT LOOKED OVER. I KNEW IT WASN'T, BUT I WENT AHEAD AND GOT THE SURVEYORS TO COME IN. >> STEVE, WHAT IS GOING TO BE THE -- IF HE WALKS IN TOMORROW SAYS, HERE IS MY SITE PLAN AND HERE'S WHERE THE EXISTING POLE BARN IS IN THIS IS WHERE I WANT TO PUT MY HOUSE, -- >> WITH THE SIZE OF THE LAW IN A ARE, THERE IS AN EXCEPTION THAT HE CAN HAVE THE ACCESSORY STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE BECAUSE OF THE SIZE OF THE LOT. >> OKAY. >> SO THAT WOULDN'T BE AN ISSUE. >> THAT WOULD NOT BE AN ISSUE. >> OKAY. WE HAVE GOT -- I HAVE GOT SOME PEOPLE HERE THAT WANT TO SPEAK. OFF-THE-CUFF , AS ONE OF THE MEMBERS HERE, I WOULD BE RELUCTANT TO VOTE TO APPROVE IT TONIGHT , NOT ON THE 5000 FOOT, BUT I WANT TO GO OUT AND SEE THE STRUCTURE. BECAUSE LIKE I [00:20:06] SAID, I'M AN ENGINEER. THAT IS WHAT I DO FOR LIVING. WHEN SOMEBODY HAS , YOU KNOW, A MOM-AND-POP BUILT 20 FEET BY 80 FEET -- >> I HAVE A COMPANY THAT PUT IT UP. >> I KNOW. I AM SAYING -- >> LIKE I SAID, I HAVE AN ENGINEER. >> IF THINGS GO WEST LIKE THEY TYPICALLY DO IN A TORNADO, I CAN SEE THAT RESTRUCTURE GOING ALL THE WAY ACROSS 220. I MEAN, I SEE BIG CHUNKS. I WANT TO MAKE SURE IT IS A SOUND ROOF ELEMENT. I WANT TO MAKE SURE IT IS ANCHORED, AS WELL AS A CAN. IT IS WAY UP IN THE AIR. 15 FOOT OPEN , I MEAN, YOU CAN DRIVE YOUR CLASS A IN AND OUT EVERYWHERE. IT IS A BIG -- YOU CAN PUT AN AIRPLANE IN THEIR EASILY -- THERE EASILY. WITH IT NOT BEING CLOSED ON THE SIDES, YOU HAVE A BETTER CHANCE OF UPLIFT. >> THE SIDES ARE -- >> NO, IF THE SIDES WERE ENCLOSED. >> IT IS ENCLOSED. >> THEN IT IS NOT A POLE BARN. >> I DIDN'T KNOW WHAT TO REALLY CALL IT BESIDE THE GARAGE, -- >> THE PICTURE WE HAVE IN THE PACKAGE -- >> THAT IS AN OLDER PICTURE, I GUESS. I DO HAVE SIDES. BACK TO EVERYTHING GOING ALL THE WAY OF. I HAVE DIFFERENT BRACES. I TWO -- TWO BY SIX WALLS. >> THE PHOTOGRAPHS SUBMITTED IN THE PACKAGE, IT SAYS IT IS OPEN. >> THAT IS EARLIER. I CAN SHOW YOU ANOTHER PICTURE. >> ALL FOUR SIDES ENCLOSED? >> THREE SIDES. >> OKAY. YOU DON'T HAVE A GARAGE DOOR. >> I CANNOT DO THAT. ONCE THIS STARTED A YEAR AGO, I HAVE NOT PROCEEDED FURTHER BECAUSE I DIDN'T KNOW WHAT WOULD HAPPEN. I HAVE HELD OFF UNTIL I GET APPROVAL TO BE ABLE TO GET A PERMIT. THAT WAY I HAVE IT INSPECTED BEFORE I FINISH WITH EVERYTHING. >> OKAY. >> BUT THE SIDES ARE ON THAT. THEY ARE BACK ALL THE WAY UP BECAUSE I OVER KILLED IT BECAUSE IT IS MINE. I HAVE LBL ACROSS THE BACK , THE ENTRANCES. >> DOES THE OPEN SIDE FACE HORSESHOE OR MCDONALD'S? >> MCDONALD'S. >> OKAY. >> BUT I DO HAVE TWO BY SIX WALLS AND HAVE T BACK TO THEM ALL THE WAY AND DONE OVERKILL ON EVERYTHING. LBL, I HAD TO WITH HIM NAILED TOGETHER FOR THE BACK WALL WHERE THE POLE STOPPED AND I WENT UP. I OVER KILLED EVERYTHING. LIKE I SAID, I DO HAVE UNIVERSAL . IF I DO GET FARTHER, I HAVE UNIVERSAL COMING OUT TO DO EVERYTHING. >> OKAY. ANYBODY ELSE? ANY QUESTIONS ? I HAVE ONE CARD, AND THEN OTHER PEOPLE ARE HERE THAT WANT TO SPEAK. >> I DO HAVE A QUESTION. WITH A CODE VIOLATION WAS FIRST REPORTED BACK IN FEBRUARY 2024, THERE WARRANT SIDES. I KNOW YOU SPOKE WITH SOMEBODY FROM THE COUNTY -- >> THERE WERE SIDES. YOU ARE RIGHT. I DON'T KNOW WHEN THAT WAS, BUT THAT -- THE SIDES ARE ON. SO I AM SORRY. >> IN THE PHOTOS, IT DOES NOT LOOK LIKE THEY WERE ON, BUT IN MAY YOU SPOKE WITH THE COUNTY AND SAID YOU WERE IN THE PROCESS OF GETTING THINGS UNDERWAY, BUT IN DECEMBER 2024 A PERSON WHO WAS TAKING THE PHOTOS NOTICE THE SIDES HAVE BEEN ADDED. IF YOU ARE WHERE IT WAS UNDER VIOLATION AND THAT THE PERMIT WAS IN THE PROCESS AND THAT YOU WERE GOING TO HAVE TO GO THROUGH THIS, WHY DID YOU CONTINUE? >> I HAD TO STOP ON THE DOORS AND EVERYTHING ELSE BECAUSE I DIDN'T THINK I WAS GOING TO HAVE A PROBLEM WITH THE 3000. IF IT WAS A BIGGER THAN 3000, I COULD HAVE WENT AHEAD AND GONE THROUGH THE UNIVERSAL AND GOT IT INSPECTED AND THAT WOULD'VE BEEN DONE. BUT YES, I COULDN'T TELL YOU BACK IN THE DAY. I DON'T KNOW. AND I DID DO THE WALLS. THE RAIN WAS KILLING ME AND EVERYTHING ELSE. >> THAT IS MY ONLY QUESTION. THANK YOU. >> ANY QUESTIONS ? >> AFTER THEY TALK, CAN I COME BACK UP? >> YEAH. >> I HAVE A CARD FROM RANDY MARTIN. MR. MARTIN, IF HE WOULD STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> RANDY MARTIN, 2549 HORSESHOE BEND ROAD. >> IS EVERYTHING YOU STATE THE TRUTH SO HELP YOU GOD? >> YES, SIR. DID EVERYBODY GET THE EMAIL I SENT? >> YEAH. >> OKAY. I AM EMOTIONAL . I AM SERIOUS ABOUT THIS [00:25:04] NEIGHBORHOOD. I HAVE MOVED TWICE IN THE NEIGHBORHOOD TO TRY TO GET AWAY FROM THIS NOISE. THERE IS A BUSINESS BEING RUN THERE. IT IS NOT ROCKET SCIENCE. SURVEILLANCE CAMERA , WATCH IT. I WANT IT STOPPED. I CAN'T SLEEP AT NIGHT. I HAVE PTSD. I PROTECT THAT NEIGHBORHOOD. AND THIS GUY, HE MAKE SO MUCH NOISE. TRUCKS IN AND OUT CONSTANTLY , TRACTORS. HE IS RUNNING A BUSINESS FROM THERE . IT IS NOT ROCKET SCIENCE. THERE ARE SEMI TRAILERS THERE. THERE ARE TRACTORS THERE AT THE -- AND NOW HE TELLS US HE WILL BUILD VEHICLES. IT IS A NIGHTMARE. HE REMOVED ALL THESE TREES, LOTS OF THEM ON PROTECTED LANDS. HE BURNS WOULD CONSTANTLY BECAUSE OF HIS LITTLE PROJECTS. HIS PROJECTS NEVER STOP. THERE IS NO HOURS OF OPERATION. THE ADDRESSEE JUST GAVE YOU FOR HIS RESIDENCE IS ANOTHER CLAYTON COUNTY ADDRESS THAT HAS A BUSINESS OPERATING OUT OF IT. THERE IS NO POSSIBLE WAY HE CAN RUN THAT BUSINESS ADDED THAT ADDRESS LISTED THROUGH . I AM ASKING YOU GUYS FOR HELP. I WANT SOME PEACE. I GOT ME A ONE MILLION-DOLLAR HOUSE DOWN ON THAT CORNER WITH A BEAUTIFUL GARAGE AND HAVE PERMITTED EVERYTHING. I WANT THE SKY STOPPED. HE GETS A LOOPHOLE. I'VE BEEN WORKING ON THIS SINCE RONNIE ROBINSON. I'M NOT UPSET HE MOVED ME OUT OF MY PROPERTY RUNNING A BUSINESS. I WANT AND SO MY BUSINESS FOR MILLIONS OF DOLLARS. I AM NOT MAD. BUT WHEN I GO HOME AT NIGHT, I WANT PEACE. I HAVE REQUEST THAT MY NEIGHBORS HAD DETERMIEND FEEL LIKE I HAVE DISRUPTED MY NEIGHBORHOOD. IT IS A HORSE FARM. LET IT BE A HORSE FARM. IF YOU WANT BOUGHT OUT, I WILL GO TO THE BANK TOMORROW AND GIVE HIM THE CHECK. HE CAN GO RUN HIS BUSINESS SOMEWHERE ELSE. I NEED YOU GUYS 'S HELP. I HAVE TRIED AND TRIED. I KNOW THIS VARIANCE GETS APPROVED AND HE GETS A HOUSE ON TOP OF THIS, I WILL NEVER STOP THE NOISE. HIS KIDS HAVE TRAIN HORNS. THEY THINK IT IS FUNNY TO BLOW THE HORN AND SET ME OFF WHEN I AM PUTTING UP CHRISTMAS LIGHTS FOR MY FAMILY. THEY HAVE NO MERCY FOR THE SOUND OF THE NEIGHBORHOOD. HE HAS WENT LEFT AND RIGHT AND ACROSS THE STREET SELLING HIMSELF TO THEM. NOBODY HAS ASKED THE VETERAN DOWN THE STREET THAT FOUGHT FOR THE COUNTRY WHAT HE THINGS ABOUT HIS PEACE AND QUIET HOME. EVERYBODY WHO VISITS ME QUESTIONS WHAT IS GOING ON THERE. I TOLD MIKE SAYS THAT THE DAY I SUBMITTED, I ASKED BECAUSE I DIDN'T WANT TO BE THE NEIGHBORHOOD COMPLAINANT. BUT AT THIS POINT IN TIME, I DON'T CARE. I AM SICK OF THE BUSINESS. I NEED A PLACE OF PEACE. I'VE GOT A SERVICE DOG THAT GETS SET OFF BY THIS. HE THINKS IT'S OKAY TO HAVE TWO OR THREE PEOPLE AND THEY WILL ALLOW IT. I'M JUST ASKING FOR YOUR HELP. HE GETS THROUGH A LOOPHOLE . THE BUILDING IS TOO BIG. IT IS NOT RIGHT . IT IS OUT BY THE ROAD. HE DID GO ON . MICKEY AND I HAVE TALKED ABOUT THIS. HE DID GO ON AND KEEP BUILDING BECAUSE NO ONE CAN TOP HIM. HE KNOWS EVERYTHING. HE IS ONE OF THEM. YOU CAN PUT A SURVEILLANCE CAMERA IN MY YARD AND WATCH IT. HIS BUSINESS WILL BE CLOSED. >> THANK YOU, MR. MARTIN. >> I WAS GOING TO MENTION, WE HEARD YOU VERY WELL. WE DEFINITELY HEARD YOU. THIS BOARD CAN ONLY ADDRESS THE SIZE OF THE STRUCTURE AND WHETHER HE IS RUNNING A BUSINESS OR NOT, THAT IS A DIFFERENT CODE ENFORCEMENT AND EVERYTHING. WE HEARD YOU, BUT -- >> WE ARE LIMITED IN WHAT WE CAN DO. THEIR OTHER PEOPLE. I WILL OPEN THIS UP TO THE PUBLIC. THE ONLY CARD I HAVE IS MR. MARTIN. ANYBODY ELSE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS APPLICATION, PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. NOBODY? OKAY. WE HAVE SEVERAL PEOPLE IN THE AUDIENCE. I WILL CLOSE THE PUBLIC PORTION AND BRING IT BACK. MR. TORRES, YOU CAN GET UP AND SPEAK SOME MORE. >> THIS WENT ON SINCE I WAS GOING TO BUY THE PROPERTY. UNFORTUNATELY, I FOUND OUT THAT MR. MARTIN TRIED TO BUY THE PROPERTY AT THE BEGINNING. THEY TOLD HIM IT WAS ON BUILDABLE. I WENT AHEAD AND LOOKED AT IT. HE EVEN CAME AND TALKED TO ME. HE COULD HAVE TOLD ME IT WAS EITHER ON BUILDABLE OR ANYTHING. I'M JUST LETTING YOU KNOW. IT DOESN'T HAVE MUCH TO DO WITH IT. BUT THE ONE THING I ASKED HIM AT THE VERY END ABOUT WHY YOU SO MAD AT ME? HE SAID BECAUSE THEY TOLD ME I COULD NOT BUILD ON IT. HE DID THAT TO MY NEIGHBORS TOO. HE DID THE SAME THING. HE RAISED THAT. HE DIDN'T WANT ANYBODY BUILDING IN FRONT OF HIM. HE LIVES ON [00:30:01] THE CORNER. I DON'T HAVE TRAIN HORNS ON MY TRUCKS. I'M SORRY. BUT YES, I FEEL SORRY FOR HIM. BUT I DO NOT HAVE TRAIN HORNS. I AM NOT THE ONE HOCKING THE. IF I DO STUFF THAT CLEARS MY PROPERTY, MY EQUIPMENT CLEARS MY PROPERTY. I ALSO HAVE 50 ACRES. I AM BACK AND FORTH. BUT MY BUSINESS IS CONCRETE. I HAVE SUBS THAT GO TO THE JOB AND DO EVERYTHING. I DON'T TOUCH IT ANYMORE BUT ALL MY PEOPLE RETIRED AFTER 2025 YEARS. IF YOU GO OUT AND TRY TO FIND HELP, IT IS IMPOSSIBLE. I HAD TO GO TO SUBS. SO THEY DO IT ALL. I WORK WITH THE PHONE. AND YES, EVEN IN THE HOUSE I BUILT MY WILL HAVE AN OFFICE THERE TO RUN MY BUSINESS. BECAUSE WE CAN'T HAVE AN OFFICE . LIKE A SECOND HE CALLED IN ON THE FIRST. HE HAD THE BUSINESS TO BEGIN WITH BUT I JUST CLEARING IT UP, BECAUSE IT IS SAD. >> OKAY. I WILL CLOSE THE PUBLIC PORTION OF THIS AND BRING IT BACK TO THE BOARD AND STAFF. OKAY. I WILL REOPEN IT. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> 2556 HORSESHOE BEND ROAD. >> COME A LITTLE CLOSER TO THE MIC. >> I AM A BUILDER ALSO. I KNOW WHAT HE IS GOING THROUGH. I HAVE THE SAME FIGHT WHEN I DID THE BUILDING OF MY PROPERTY RIGHT NEXT DOOR. CAN'T PUT IN FRONT OF THE BUILDING, IT'S NOT CORRECT BECAUSE WE HAVE SOME ISSUES WITH THESE LOTS BETWEEN LOW AREAS AND TONS OF DIFFERENT THINGS. I THINK HE WAS GIVEN BAD ADVICE.YOU DON'T NEED A PERMIT TO PUT UP A POLE BARN ANYWHERE THAT I WORK, ANY COUNTY AWARD IN FLORIDA, YOU ARE NOT REQUIRED TO HAVE A PERMIT FOR A POLE BARN. I THINK HIS ISSUE WAS THAT HE PUT SIGNS ON IT, AND THEN WENT THROUGH A STRUCTURE. MINE WAS PERMITTED WHEN I BUILT IT. I BUILT MY BUILDING BEFORE WE BUILT THE HOUSE . NEVER HAD AN ISSUE. BUT TWO DOORS DOWN, THEY HAVE GOT A STRUCTURE THAT IS WORSE THAN THE ONE HE BUILT. I DON'T KNOW HOW MANY SQUARE FEET IT IS, IT IS JUST TO THE SIDE, BUT IT TAKES A WHOLE LOT. YOU MAY WANT TO LOOK INTO THAT ONE TOO. IT IS OLDER, BUT IT IS STILL PRIOR TO THE NEIGHBORHOOD BEING BUILT. A LOT OF STUFF IN HIS NEIGHBORHOOD CHANGED. THEY DON'T HAVE RESTRICTIONS ANYMORE. BUT HE DOES NEED HELP , GOOD ADVICE ON HOW TO FINISH THE STRUCTURE . IF HE HAS TO SHRINK IT AND BRING IT TO CODE. BUT WHEN IT WAS BUILT AS A POLE BARN, I DON'T KNOW WHERE -- ANYWHERE IN FLORIDA THAT REQUIRES A PERMIT IN AGRICULTURE. >> THANK YOU, SIR. NOW I BRING IT BACK TO THE BOARD TO ASK QUESTIONS OF STAFF . >> I AM GOING TO ASK A QUESTION. THE GENTLEMAN DID YOU SAY THERE IS NOT A REQUIREMENT FOR PERMIT FOR A POLE BARN IN CLAY COUNTY. LOOKING AT CODE ENFORCEMENT, HE DID SAY IT WAS A NON-PERMITTED POLE BARN. IS THERE A REQUIREMENT FOR THAT IN CLAY COUNTY? >> YES, SIR. WE PERMIT WHOLE BARNES EVERY DAY. THERE IS AN EXCEPTION IN THE BUILDING CODE FOR A NONRESIDENTIAL FARM BUILDING ON A FARM. THAT IS WHERE THE EXCEPTION IS. THROUGHOUT THE STATE, PEOPLE PERMIT POLE BARNS. IF YOU DON'T HAVE AN ACTIVE FARM, YOU ARE NOT DOING FERMI ACTIVITY, YOU DON'T QUALIFY -- FARM ACTIVITY, YOU DON'T QUALIFY FOR THAT EXEMPTION. IT IS A VERY SPECIFIC REQUIREMENT IN CHAPTER 1 OF THE BUILDING CODE. >> THANK YOU, I DID REMEMBER THAT EARLIER. JUST WANTED TO CONFIRM. >> I WILL SECOND THAT , BEING A BUILDING OFFICIAL AS WELL. >> AT THIS TIME, FIRST OF ALL, I WANT TO THANK EVERYBODY HE WAS HERE IN ATTENDANCE TODAY, FROM THE OWNER OF THE PROPERTY WHO IS GOING ABOUT THE RIGHT PROCESS, TO THE LOCAL RESIDENTS . THANK YOU FOR TAKING THE TIME TO BE HERE. BEEN A PART OF THE PROCESS IS EXTREMELY IMPORTANT. I REALLY DO APPRECIATE YOUR INPUT. BUT ULTIMATELY, HERE IS THE FACTS. WHEN THE CODE VIOLATION WAS FIRST REPORTED IN FEBRUARY 2024, THERE WERE NOT SIDES. IN DECEMBER 2024 THERE WERE SIDES AND A TALL FENCE BEING BUILT. THE FENCE ITSELF IS NOT RELEVANT TO THE STRUCTURE ON THE PROPERTY, BUT IT IS RELEVANT TO SOME OF THE CLAIMS THAT HAVE BEEN SUBMITTED INTO THE EMAILS. AT LEAST I BELIEVE. TO BUILD THOSE SIDES ON THAT STRUCTURE AFTER YOU WERE MADE AWARE THERE WAS A VIOLATION IN MAY , AND THE RESPONSES , SOMETHING WITH THE WEATHER, THINGS LIKE THAT, I AM SORRY, I DON'T BUY THAT. [00:35:08] ULTIMATELY, AT THE END OF THE DAY, YOU KNOW, THERE ARE RULES. IT IS SIGNIFICANTLY OVER WHAT THE 3000 LIMIT IS. AT THIS TIME, I'M GOING TO HAVE TO AGREE WITH THE STAFF RECOMMENDATION. I'M GOING TO VOTE NO ON GRANTING THIS VARIANCE. >> JUST A LITTLE INFO. I KNOW YOU HAVE CONCERNS ON THE STRENGTH. I AM SURE THAT STEVE WOULD MAKE SURE THAT WHAT IS SUBMITTED MEETS CODE. I AM VERY FAMILIAR WITH UNIVERSAL. I AM SURE THEY CAN INSPECT IT MAKE SURE THAT WHAT IS DONE MEETS THE CODE FOR THAT STRUCTURE. HOWEVER, BEING IN THE CONCRETE BUSINESS, I CANNOT UNDERSTAND WHY SOMEBODY WOULD NOT HAVE APPLIED FOR A PERMIT AND BE KNOWLEDGEABLE. I WOULD MOST PROBABLY BE JOINING NOT APPROVING AS WELL. >> QUESTIONS OF STAFF OR MR. TORRENTS ? >> THE QUESTION I HAVE, DO WE HAVE ENOUGH OF A QUORUM HERE WITHOUT ME? >> WE HAVE THREE. THERE ONLY FIVE OF US HERE. A QUORUM IS THREE. >> OKAY. BECAUSE I KNOW GARY. I DIDN'T REALIZE HE WAS HERE FOR SOMETHING TODAY. I HAVE BEEN TO THE PROPERTY. I ALSO MISSED THE FIRST FEW MINUTES OF THIS. SO I WOULD FEEL BETTER SITTING THIS ONE OUT. >> THAT WOULD BE FINE. AM I CORRECT IN SAYING THAT? >> -- JUST NOT VOTE. >> YEAH. >> REALLY, YOU'RE NOT SUPPOSED TO ABSTAIN FROM VOTING UNLESS YOU HAVE A PERSONAL INTEREST IN THE MATTER. >> WHICH I DON'T. >> OBVIOUSLY, YOUR OBLIGATION IS TO RENDER A DECISION ON IT AND TO VOTE , UNLESS HE DID HAVE AN ETHICAL CONFLICT I WOULD LEAVE THAT UP TO YOU. JUST THE RULE IS THAT IT IS ONLY IF YOU HAVE A PERSONAL INTEREST. >> OKAY. >> -- THEY COULDN'T JUST SAY THAT I'M NOT GOING TO VOTE EITHER WAY. >> HE CAN ABSTAIN. HE HAS AN OBLIGATION TO VOTE. >> OKAY. >> WE APPRECIATE YOU SHARING THAT . >> I AM READY TO MAKE A MOTION. >> GO AHEAD. >> I MAKE A MOTION TO DENY THIS ONE. >> VEOA 24-0017. >> YES. >> I WILL SECOND THAT MOTION. >> I HAVE A MOTION AND SECOND FOR DENIAL OF BOA 24-0017. ALL IN FAVOR OF THE DENIAL SAY AYE. >> AYE. >> THAT PASSES . MEAT IS DENIED BY THREE MINUS -- IT IS DENIED BY 3-0 VOTE WITH RYAN ABSTAINING. OKAY. NOW WE GO TO MY SECOND PUBLIC COMMENT WHERE ANYBODY CAN TALK ABOUT ANYTHING THEY WANT TO. SEEING NOBODY. I WILL CLOSE THAT. >> -- WE HAVE TO TALK ABOUT THE NEXT MEETING. >> I DO WANT TO ASK , I KNOW I ASKED INDIVIDUALLY, WOULD BOARD MEMBERS BE OKAY WITH MOVING THE MEETING TO 5:00 INSTEAD OF 6:00? >> FINE WITH ME. >> I WAS TELLING JENNY I REMEMBER AFTER PASSED AWAY AND MIKE CAME ON, FOR SOME REASON, THE APPLICATIONS WOULD ASKED THE APPLICANT WHAT TIME TO MEET. REMEMBER THOSE? WE HAD GUYS SHOWING UP AT 5:00. WE AREN'T GOING TO BE HERE UNTIL -- >> THAT WAS BEFORE ME. >> YOU HAVE TO REMIND US. >> YES, SIR. I WILL REMIND YOU . >> REMEMBER, IT IS 5:00. >> I WILL. WE DO HAVE CASES FOR NEXT MONTH. >> I WISH WE WEREN'T SO POPULAR. NOW YOU CAN MOVE TO LEAVE. >> I WILL SECOND. >> THANK YOU VERY MUCH. * This transcript was compiled from uncorrected Closed Captioning.