[00:00:06] >>> I CALL THE MEETING OF THE APRIL 24TH, BOA [APPROVAL OF MINUTES] MEETING, BOARD OF ADJUSTMENT TO ORDER. THE FIRST ORDER OF BUSINESS IS THE APPROVAL OF THE MINUTES FROM THE MARCH 27TH MEETING.÷÷DO I HAVE A MOTION? DO I HAVE A MOTION? >> YES. MOTION TO APPROVE. >> SECOND. >> SECOND. ALL IN FAVOR? >> ALL: AYE. >> ALL RIGHT. GOOD. NEXT ORDER OF BUSINESS, I BELIEVE THIS IS MY FIRST TIME OF BEING CHAIR. KEITH'S ALWAYS BEEN HERE. IT'S PUBLIC COMMENT. ANYBODY IN THE AUDIENCE HAVE ANYTHING THEY WANT TO SAY ABOUT ANYTHING? IT DOESN'T HAVE TO BE ABOUT THIS APPLICANT. IT CAN BE ABOUT ANYTHING. [1.  Public Hearing to Consider BOA 25-0005] HEARING NOTHING, CLOSED THE PUBLIC COMMENT, AND WE'LL OPEN FOR OUR FIRST APPLICANT AND ONLY APPLICANT. IT'S BOA NUMBER 25-005. I'LL TURN IT OVER TO STAFF TO TELL US WHAT'S GOING ON. >> I'M LOOKING FOR THE PRESENTATION TO BE ON THE BOARD. >> IT'S THERE. >> OKAY. SO I'M JENNI BRYLA, ZONING CHIEF FOR CLAY COUNTY AND I'M HERE TO PRESENT BOA APPLICATION 25-0005. IT'S FOR PHILLIP AND YVONNE NORMAN, WHO ARE IN THE AUDIENCE, THE APPLICANTS AT 20974 HENLEY ROAD AND THIS IS A REQUEST TO VARY ARTICLE 3, TO REDUCE THE ÷÷SIDESTEP BACK FROM 40 FEET TO 10 FEET IN THE AR1 ZONING DISTRICT, BUT HERE'S THE AERIAL THE PROPERTY. IT'S ROUGHLY TWO ACRES IN SIZE. AND IT'S LOCATED BETWEEN SIMMONS TRAIL ON THE WEST AND HENLEY ROAD ON THE EAST AND AUSTRALIA -- AS I SAID, IT'S APPROXIMATELY TWO ARKS CRES WIDE AND WITHIN THE LAKE ASBURY MASTER PLAN, BUT THESE APPLICANTS HAVE OPTED OUT OF THE MASTER PLAN, AND SO AS SUCH, THEY ARE REQUIRED TO MEET THE AR1 ZONING DISTRICT STANDARDS WHICH IS 20 FEET. IF THE APPLICANTS HAD OPTED INTO THE MASTER PLAN, THE SETBACK WOULD HAVE BEEN 5. 5 FEET. SO THE PLAT SHOWS THAT THERE IS A 20- FOOT EASEMENT ON THE SOUTHERN PORTION OF THE LOT. ON THE SOUTH SIDE OF THE PROPERTY, RIGHT? SO THAT BECAUSE THEY DID NOT OPT OUT, THE SOUTHERN PORTION -- THE LOT ON THE SOUTH OF THEIR PARCEL DID NOT OPT OUT, AND HAD BUILT UP TO THAT EASEMENT LINE. SO HERE IS THE ZONING AND LAND USE. SO IT'S A LITTLE BIT CONFUSING. AS YOU CAN SEE THE LAND USE ON THE RIGHT SIDE OF THE SCREEN IS LAKE ASBURY RURAL FRINGE, AND THEN THE ZONING IS AR1 ON THE LEFT SIDE OF THE SCREEN. SO CONDITIONS THAT WE ARE REQUIRED TO REVIEW FOR A VARIANCE APPLICATION ARE IF SPECIAL CONDITIONS EXIST, AND AS I SHARED, THE COUNTY ADOPTED THE LAKE ASBURY OVERLAY DISTRICT IN 2004 AT WHICH TIME THE COUNTY GAVE OWNERS THE ABILITY TO OPT OUT OF THOSE REQUIREMENTS AND AS I WAS ASKING THE APPLICANT, THEY HAVE HORSES ON THE PROPERTY WHICH NOT BE PERMITTED IN LAKE ASBURY SO THAT MIGHT HAVE BEEN ONE OF THE REASONS. BUT AS SUCH, BECAUSE THEY OPTED OUT, THEY WERE HELD TO THE AR1 ZONING STANDARDS. SPECIAL CONDITIONS EXIST OR CIRCUMSTANCES THAT DO NOT REFLECT THE RESULTS OF THE APPLICANT. THE LOT IS CURRENTLY BUILT WITH SINGLE- FAMILY HOME AND CUSTOMARY ACCESSORY USES THAT WERE ALL PLACED BY THE APPLICANT. THERE ARE AREAS OF THE PROPERTY THAT COULD BE ADDED ONTO WITHOUT ENCROACHING INTO THE SETBACK THAT THE APPLICANT CHOOSE TO ACCEPT WHEN OPTING OUT OF THE MASTER PLAN. THE GRANTING OF THE VARIANCE WILL NOT CONFER ON THE APPLICANT, ANY SPECIAL PRIVILEGE. IF YOU CHOOSE TO GRANT THE VARIANCE, IT WOULD GIVE THEM A SPECIAL PRIVILEGE THAT [00:05:03] OTHER PROPERTY OWNERS THAT OPT OUT AT THE LAKE ASBURY MASTER PLAN WOULD NOT BE ABLE TO ENJOY. AND THAT THE LITERAL INTERPRETATION OF THE PROVISIONS OF THEED OF THE ORDINANCE WOULD DEPRIVE OTHER PROPERTY OWNERS. IT WOULD NOT DEPRIVE THE RIGHTS. AS I'VE SHARED, THE APPLY ICANTS HAVE BUILT -- THE SINGLE- FAMILY HOME AND SEVERAL OF THE STRUCTURES ON THE PROPERTY. THE VARIANCE GRANTED IS THE MINIMUM VARIANCE. THE REQUESTED VARIANCE IS TO REDUCE THE SIDE SETBACK FROM 20 TO 10 FEET, AND THIS REQUEST DOES NOT APPEAR TO BE THE MINIMUM REQUIRED IN MY OPINION. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSES OF THE ORDINANCES, AND THE GRANTING÷÷OF THE VARIANCE IS NOT IN HARMONY WITH THE A1 ZONING DISTRICT, BUT IT IS IN HARMONY WITH THE LAKE ASBURY MASTER PLAN. SO THAT THEN IS A CONFLICT THAT WE AS THE COUNTY WANTED TO PROTECT PEOPLE'S PRIVATE PROPERTY RIGHTS SO BY GIVING THEM AN OPTION TO OPT OUT OF THOSE STANDARDS AND THAT WAS THE CHOICE OF THIS APPLICANT WAS TO OPT OUT. SO MY RECOMMENDATION, EVEN THOUGH THE PROPERTY CONTAINS ALMOST TWO ACRES AND HAS AMPLE ROOM TO CONSTRUCT THE ADDITION, HOWEVER, THE MASTER PLAN WAS ADOPTED ALLOWING A 5- FOOT SETBACK ALTHOUGH THERE WAS NO HARDSHIP REGARDING THE LAND. STAFF DOES RECOMMEND APPROVAL CONSIDERING THE SETBACK REQUIREMENTS FOR THE LAKE ASBURY RURAL FRINGE DISTRICT AND THE INTENT BASED ON THEED ADJACENT PROPERTIES IN THE AREA. I'M HAPPY TO ANSWER ANY QUESTIONS, AND THE APPLICANT IS HERE. >> ANY QUESTIONS FOR STAFF? >> I HAVE A QUESTION. THE APPLICANTS, ARE THEY THE ONES THAT OPTED OUT OR WAS IT A PREVIOUS OWNER? >> THEY OPTED OUT. >> OKAY. >> ANY OTHER QUESTIONS FOR STAFF? THE APPLICANT WHO IS -- WHO IS GOING TO SPEAK? >> PHILLIP NORMAN. >> IF YOU WOULD RAISE YOUR HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? >> YES, I DO. >> PLEASE GO AHEAD AND SPEAK. KEEP CLOSE TO THE MICROPHONE IF YOU WILL. >> OKAY. ONLY QUESTION OF OPTING OUT. >> YOU HAVE TO GIVE ME YOUR NAME AND ADDRESS. >> OH. THIS IS PHILLIP NORMAN, 2794 HENLEY ROAD, GREEN COVE SPRINGS. ON THE QUESTION OF OPTING OUT, WAS THAT -- WE'VE ONLY BEEN THERE THREE YEARS. SO DO YOU KNOW -- >> I APOLOGIZE. IT WAS THE PREVIOUS OWNER THAT OMTED OPTED OUT. BECAUSE YOU HAD HORSES -- >> WE DIDN'T GET THAT OPTION. I DIDN'T KNOW THAT WAS AN OPTION. I GUESS THE PREVIOUS OWNER MUST HAVE DONE THAT. IT CAME WITH A DAUGHTER. FIRST I WANT TO THANK YOU FOR THE JOBS Y'ALL DO, AND I KNOW IT'S NOT EASY TO PLEASE ÷÷EVERYBODY. I'M SURE YOUR JOB'S NOT EASY, AND SECOND, I APPRECIATE ZONING LAWS. THAT'S WHAT KEEPS US NICE NEIGHBORHOODS. I DIDN'T ASK THIS QUESTION LIGHTLY TO DO THAT, BUT IN MY APPLICATION, THE HARDSHIP TO DO THE -- I LOOKED BECAUSE WE HAVE A BIG PIECE OF PROPERTY. IT'S, LIKE, ALL RIGHT. WHY DO YOU HAVE TO BUILD IN THE -- IF COST WAS NOT AN OPTION, YOU KNOW, FACTOR YES, I COULD BUILD ANYWHERE I WANTED TO, AND BUILD A NEW SEPTIC TANK, NEW SEWER. IT WOULD BE COST-PROHIBITIVE. THAT SIDE OF THE HOUSE, CLOSE TO WHERE THE SEPTIC TANKS ARE IS ÷÷THE ONLY OPTION I HAD BECAUSE OF THE ELEVATION FALL TO GET THE SEWER TO GET TO THE SEPTIC TANK AND STUFF.÷÷THAT'S WHY I SEARCHED HAR D SO FEE IF THERE WERE OTHER OPTIONS TO SEE IF THERE WAS SOMETHING I ÷÷COULD DO OR AFFORD, AND IT SEEMED LIKE THE ONLY OPTION TO KEEP FROM TEARING UP THOSE BIG ROOT TREES TRYING TO BUILD OUT SEWER LINES OR CLOSER. IF I WAS TO GO TO THE FRONT OF THE HOUSE AND THE BACK OF THE HOUSE IS COVERED UP WITH A SWIMMING POOL AND STUFF, WHICH I DIDN'T PUT THERE. IT WAS THERE -- THIS HOUSE WAS BUILT I '76. ANYTHING ELSE? THAT'S ALL I GOT TO SAY. >> ANY QUESTIONS FOR THE APPLICANT? >> HAVE TALKED TO THE NEIGHBORS ON THE AFFECTED SIDE? >> I'M SORRY. YES, I DID. I BROUGHT A LETTER FROM THEM ALSO. THEY MOVED IN AFTER WE DID. THEY BUILT THEIR HOUSE AND THEIR POLE BARN AFTER WE MOVED IN, AND THEY'RE GREAT FRIENDS AND [00:10:03] THEY ACTUALLY SIGNED A LETTER THAT I HAD MADE UP SAYING THEY HAD NO OBJECTIONS TO THIS. >> OKAY. >> THESE ARE THE ONES TO THE SOUTH -- I DON'T KNOW WHAT. IS THAT A BIG GARAGE, BARN, WHATEVER IT IS RIGHT THERE? >> YEAH, YEAH. YEAH. >> AND THERE'S THAT 20- FOOT -- THERE'S THE 20- FOOT EASEMENT THAT RUNS -- STRADDLES THE PROPERTY LINE. SO THEY, ALTHOUGH THE ZONING ALLOWS FOR THEM TO BUILD AT 5 FEET, THEY ARE AT 10 FEET BECAUSE OF THE EASEMENT THERE. >> THAT OTHER ONE? >> YES, SIR. >> OKAY. GOING DOWN. >> AND I HAVE THEIR SITE PLAN IF YOU WANTED TO SEE THAT. >> CAN I SEE THAT PLEASE? >> SURE. >> ANOTHER QUESTION TOO. I DIDN'T READ THE WHOLE THING. WHAT -- IS THIS ANOTHER STRUCTURE, AN ADDITION? >> AN ADDITION FOR A MASTER BATH AND -- OR NOT A MASTER BATH. A HANDICAPPED- ACCESSIBLE BATH. THIS HOUSE BUILT IN '76. IT HAS ONE BATHROOM DOWNSTAIRS AND THE SHOWER IS, LIKE, 3 FOOT BY 3 FOOT, AND OUR -- BOTH OUR PARENTS ARE GETTING OLD, CAN'T CLIMB UPSTAIRS TO WHERE THE BIGGER BATHROOMS ARE, SO IT'S TO PUT AN ADDITIONAL BATHROOM. >> OKAY. >> YOU SAID YOU HAVE OAK TREES ON THE PROPERTY? >> AT THE FRONT OF THE HOUSE. IF WE TRY TO GO THAT WAY, THERE'S HUNDRED-YEAR-OLD OAKS. YEAH. >> ANY OTHER QUESTIONS FOR THE APPLY APPLICANT? >> NO. >> ALL RIGHT, THANK YOU. >> THANK YOU. >> I'LL BRING IT INTO THE BOARD. ANY COMMENTS, QUESTIONS FROM THE BOARD, ANYTHING? >> NO. I'LL MAKE A MOTION THE APPROVE BOA WHATEVER THE NUMBER WAS. >> I'LL SECOND. >> 25-005. YES. >> OKAY. ALL IN FAVOR, SAY AYE. >> ALL: AYE. >> MOTION PASSES. YOU GOT IT. I HAVE ANOTHER PUBLIC HEARING. ANYBODY WANT TO MAKE ANY COMMENTS ABOUT ANYTHING? CLOSED THE PUBLIC HEARING. ANYBODY WANT TO MAKE A MOTION TO ADJOURN? >> MOTION TO * This transcript was compiled from uncorrected Closed Captioning.