[CALL TO ORDER] [00:00:10] >> I WILL CALL THE CLAY COUNTY BOARD OF ADJUSTMENT MEETING FOR MARCH 27TH, 2025 TO ORDER. WE HAVE ALL FIVE MEMBERS PRESENT HERE. AND ESTEEMED ASSISTANT COUNTY ATTORNEY AND STAFF. I WILL TURN IT OVER. DO I HAVE TO HAVE A PUBLIC HEARING FIRST? WHY [APPROVAL OF MINUTES] DO YOU ALL EVEN HIRE ME? OKAY. THE FIRST ITEM IS THE APPROVAL OF MINUTES FROM THE FEBRUARY MEETING. I HAVE ANY QUESTIONS? >> MOTION TO APPROVE. >> OKAY. WE HAVE A MOTION AND A SECOND FOR APPROVAL FOR THE FIBER 27 MEETING MINUTES FOR IT ALL IN FAVOR SAY AYE. ALL OPPOSED? POSES FIVE MINUS YOU [1.  Public Hearing to Consider BOA 25-0003] FOR NOW I WILL OPEN THE PUBLIC COMMENT TIME. SEEING NINE I WILL CLOSE IT AND COME BACK. NOW WE GO TO PUBLIC HEARING NUMBER ONE WHICH IS 90 $25 003. >> HI, CHIEF FOR CLAY COUNTY. I AM PRESENTING BOA APPLICATION 29-003 FOR MR. CHRISTOPHER MOODY AND HE IS REQUESTING BASED ON ARTICLE THREE, A REDUCTION FROM 20 FEET TO FIVE FEET. SO, THIS SHOWS THE ORIGINAL FROM 1967, I BELIEVE AND HIS LOT WAS NUMBER 31. THAT YOU CAN SEE THERE IN THE MIDDLE. I DON'T HAVE A POINTER. THE PARCEL IS LOCATED NORTH OF GATORBONE EAST OF BRIGHTWATER NORTH OF COUNTY ROAD 352, APPROXIMATELY 1.03 ACRES. MR. MOODY PURCHASED THE PROPERTY IN 2025, THIS YEAR AND THE PARCEL IS CURRENTLY VACANT. THIS COMBINATION REQUIRES A 10 ACRE PARCEL TO DEVELOP. AS I SAID, THIS PLOT WAS ESTABLISHED IN 1967. THERE FOR, IT IS NOT ON RECORD. HOWEVER, THIS ZONING DISTRICT DOES REQUIRE A 20 FOOT SETBACK AS EVIDENCE TO THE LOT TO THE NORTH. OTHER LOTS ON THE PLAT HAVE THE REQUIRED SETBACK. THIS OUTLINED IS THE SUBJECT PROPERTY AND YOU CAN SEE VARIOUS HOMES THAT WERE AROUND THAT WERE PART OF THIS SAME PLAT. WHEN I DID INVESTIGATION THERE WERE NO OTHER VARIANCES WITHIN THIS PLAT. SO, CONDITIONS OF THE VARIANCE , THE SUBJECT PROPERTY WAS PLOTTED LIKE I SAID, IN 1967 AND AS SUCH THERE FOR NOT REQUIRED TO CONTAIN 10 ACRES. HOWEVER, EVERY LOT AND SUBJECT PARCEL HAS A SIMILAR CHARACTER TRAIT. THEY ARE ALL APPROXIMATELY 95 FEET WIDE AND CONTAIN AN ACRE OF LAND. SPECIAL CONDITIONS, THE PLACEMENT OF A PROPOSED HOME WOULD BE IN THE DIRECT ACTIONS OF THE APPLICANT AS IT IS VACANT. ANY ACTIONS THAT THE APPLICANT TAKES WHAT EFFECT OUTLAND. THE GRANTING OF THE VARIANCE WILL CONFER ON THE APPLICANT PRIVILEGE THAT IS DENIED BY THIS ORDINANCE TO OTHER LANDS IN THE SAME ZONING DISTRICT. THE SETBACK AS I SHARED ON THE PLAT, OTHER OWNERS WERE REQUIRED TO ADHERE TO THE CRITERIA IN THE CODE. AND PRIOR TO THE MEETING BEGINNING I ORDINANCE WAS IN PLACE IN 1993. LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS COMMONLY [00:05:01] ENJOYED OF OTHER PROPERTY OWNERS IN THE DISTRICT OTHER THAN HE DOES NOT HAVE TO COMPLY WITH THE 10 ACRE LOT REQUIREMENT. THE REQUEST, AS I SAID, IS TO REDUCE THE SIZE FROM 20 FEET TO FIVE FEET FOR THE PRINCIPAL STRUCTURE. THE GRANTING OF THE VARIANCE MAY SET A PRECEDENT FOR OTHER VACANT PROPERTIES IN THE PLAT THAT HAVE SIMILAR CONFIGURATIONS. THE GRANTING OF THE VARIANCE MAY IMPOSE A HARDSHIP ON THE ADJACENT HOMESTEAD, PROPERTY TO THE NORTH. AND BASED ON THIS CRITERIA THAT IS IN THE CODE, STAFF DOES RECOMMEND DENIAL FOR THE REQUEST FOR THE SETBACK REDUCTION IN THE AR ZONING DISTRICT. I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. >> DOES ANYBODY ON THE BOARD HAVE ANY QUESTIONS? >> LOOKING FOR THE NEW SETBACK ON ONE SIDE OR BOTH? >> HIS APPLICATION DID NOT CONFIRM THAT. >> WE WILL LET YOU UP HERE. >> JUST ONE SECOND. DO YOU HAVE ANY QUESTIONS FOR MR. MOODY? MR. MOODY, COME RIGHT UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> MR. MOODY, TARROGON AVENUE IS MY ADDRESS RIGHT NOW. ALL RIGHT. SO MY NEIGHBOR IS FIVE FOOT OFF THE PROPERTY LINE, RIGHT NOW I HAVE A PICTURE OF IT. I WANTED TO BE FIVE FOOT OFF THIS PROPERTY LINE AND HAVE 20 FOOT ACCESS DOWN THE LEFT SIDE OF MY HOUSE SO I PUT A 45 HOUSE ON THE LOT AND I WILL BE FIVE FOOT OFF THE SIDE SO I CAN HAVE ACCESS FOR A FIRE TRUCK. THAT IS ONE THING I KNEW YOU NEEDED, TO HAVE ACCESS FOR A FIRE TRUCK. I HAVE MULTIPLE PICTURES OF HOUSES ON THAT LAKE THAT ARE ALL WITHIN 7-5 FOOT OFF THE PROPERTY LINES. >> HOW WIDE IS THE HOUSE YOU'RE TRYING TO BUILD? >> 45 FEET WIDE. >> YOU WANT TO GO FIVE FEET ON ONE SIDE SO THAT STILL LEAVES YOU 50 FEET? >> YES. >> WILL YOU DO WITH THAT 50 FEET? >> NO, THE LOT IS ONLY 75 FEET WIDE IF YOU MEASURE IT WITH TWO WITH. IT IS 75 FEET WIDE IN ARTICLE FIVE FEET OFF THE SIDE OF A, A 45 FOOT HOUSE AND I WILL LEAVE ME 25 FEET TO THE LEFT? >> I THOUGHT I HEARD 95 FEET. >> IT IS 96 AT THIS TREE. >> THAT IS AT AN ANGLE, THE BEGINNING OF THE ROAD. WHEN YOU ACTUALLY GO FROM LOT TO LOT, YOU'RE ONLY AT 75 FOOT. THEY ARE ALL AT AN ANGLE. FRONT AND BACK. THAT IS KIND OF WHY. >> I NEVER SAW ON YOUR APPLICATION, YOU SAID THAT YOU INITIALLY WERE ASKING FOR 10 FEET, IF NOT FIVE. >> YES SIR. I'M ASKING OF THESE FOR SOMETHING I DO NOT WANT TO PUT A 35 FOOT HOUSE ON THE LOT. THIS IS MY RETIREMENT HOME, I'VE BEEN SAVING UP FOR THIS MY WHOLE LIFE. I DO NOT WANT TO PUT A SMALL LITTLE HOUSE THERE. 45 FOOT IS NOT EVEN BIG. I WANT EASEMENT TO THE LAKE I WANT TO PUT MY BOAT BACK THERE AND HAVE AN EASEMENT TO IT. >> BY THE TIME YOU GO THAT WAY. >> 75 PROBABLY. >> 1.03 ACRES. >> I WOULD BE INTERESTED IN SAYING YOU HAVE PICTURES OF SOME OF THE OTHERS. >> THIS IS MY NEIGHBORS HOUSE RIGHT HERE ON THE LEFT OF ME. >> THE OTHER SIDE OF THAT TELEPHONE POLE IS MY PROPERTY. >> THE ONE IN THE BACK THERE? >> YES SIR. I HAVE MORE IN THERE. BEFORE THAT LAW WENT INTO EFFECT, THERE ARE HOUSES THAT HAVE BEEN THERE 40 YEARS. THEY ARE RIGHT ON THE PROPERTY. NEIGHBORS, THERE IS ACTUALLY NO ACCESS. A COUPLE HOUSES ON THAT ROAD THAT THERE IS NO ACCESS TO THE LAKE BETWEEN NONE OF THE HOUSES. [00:10:14] >> I WILL FIND IT, I LOOKED IT UP. YOU CAN'T FIND IT. PROPERTY ADDRESS ALONG THE ROADWAY, 96 FEET IN FRONT AT AN ANGLE. YOU KNOW. IT WILL DIMINISH AS HE GOES BACK. >> DO WE HAVE ANYTHING IN FROM ANY NEIGHBORS, PLUS OR MINUS? ANY COMMENTS? >> MY NEIGHBOR HAS BEEN THERE FOR 30 YEARS, HE IS EIGHT YEARS OLD. WELL, I'M SO SORRY THIS IS SO CLOSE TO THE PROPERTY. I WAS IN GEORGIA AND THEY SAID THIS HOUSE UP AND I HAD NO ROOM ON MY SIDES. THAT IS WHY I BOUGHT THE PROPERTY I FIGURED I COULD DO FIVE FEET. I PURCHASED THE PROPERTY AND I WANTED TO GET PLANE STRAWS UP. THAT IS AN EXTRA 20 FEET. I HAD NO CLUE. I WOULD'VE NEVER BOUGHT THE PROPERTY. IT IS SO NARROW. NOW I'M STUCK WITH IT AND I WANT TO BUILD A HOUSE THERE. AN EASEMENT, THEY CAN COME RIGHT DOWN THE DRIVEWAY TO THE LAKE. I ACTUALLY HAVE EASEMEN TO THE LAKE. THE MAJORITY OF HOUSES, IF YOU DRIVE THE ROAD, NO EASEMENT TO THE LAKE. FIVE FEET FROM EACH OTHER. THERE ARE FENCES AND -- YOU CANNOT EVEN GET A TRUCK THERE. SORRY. I'VE BEEN AT WORK SINCE 4:30 IN THE MORNING. YEAH, JUST ASKING FOR A LITTLE BIT OF HELP. >> YOU DO NOT NEED THE VARIANCE ON BOTH SIDES, ASKING FOR IT ON ONE SIDE. >> YES SIR. I'M ASKING FOR IT, IF YOU'RE FACING THE PROPERTY FROM THE STREET, I WANTED FIVE FEET OFF THE RIGHT HAND SIDE WHERE THE POLE IS, 25 FOOT DRIVEWAY TO THE LAKE. >> WHO HAS QUESTIONS OF MR. MOODY? ANY QUESTIONS? OKAY, THANK YOU, SIR. I WILL CLOSE THE PUBLIC PORTION OF IT AND COME BACK TO US FOR DISCUSSIONS WITH STAFF OR BETWEEN OURSELVES OR A MOTION OR ANYTHING. IDEAS? THOUGHTS? >> YEAH, I SEE THE NEIGHBOR RIGHT BESIDE HIM. TRYING TO LOOK UP AND SEE WHAT HE CAN SEE DOWN THE ROAD. SEEING WHAT IS POSSIBLE GOING ON DOWN THERE. IF HIS NEIGHBOR IS RIGHT THERE AND HAS GOT THE SAME ISSUE , I WILL MAKE A MOTION TO APPROVE THE VARIANCES. >> I WILL SECOND. >> I HAVE A MOTION AND A SECOND TO APPROVE REDUCTION TO A FIVE FOOT SETBACK ON WHAT IS THAT? THE EAST? JUST THE ONE SIDE. I THINK IT IS ACTUALLY GOING TO BE ON THE SOUTH SIDE. FROM THE ONE SOUTH SIDE. YEAH. ALL IN FAVOR, SAY AYE. ALL OPPOSED? OKAY. GOOD LUCK, SIR. >> YOU ALL HAVE A GOOD EVENING. >> WE ARE DONE. >> YOU ALL HAVE A GREAT TIME. >> ALL RIGHT. >> WE HAVE ONE ITEM NEXT MONTH. >> YES, ONE ITEM NEXT MONTH. I SHED. >> THAT IS WHAT GOT ME HERE. >> THE WORKSHOP, AN HOUR OR TWO, THREE, SIX, EIGHT, SHOULD I BRING BEER? >> NO, NO, NO. >> SORRY. >> CAN I CLOSE THE MEETING? ARE WE DONE? PUBLIC COMMENT, * This transcript was compiled from uncorrected Closed Captioning.