[CALL TO ORDER] [00:00:08] >> CALLED THE MEETING OF MAY 22ND OF BOARD OF ADJUSTMENT TO [APPROVAL OF MINUTES] ORDER. THE FIRST ITEM ON THE AGENDA IS THE APPROVAL OF THE MEETING MINUTES FROM APRIL. ANY COMMENTS? ANY MOTIONS? >> A MOTION TO APPROVE. >> I SECOND. >> ALL IN FAVOR, SAY AYE. >> AYE. >> ITEM APPROVED. THE NEXT ITEM IS THE OFFER OF PUBLIC COMMENT. ANYONE WANTING TO MAKE A COMMENT ABOUT ANYTHING? HEARING NONE, WE [1.  Public Hearing to Consider BOA 25-0006] WILL GO TO THE FIRST ITEM ON THE AGENDA, WHICH IS BOA 25-0006 , I BELIEVE. STAFF REPORT. >> THANK YOU, JENNI BRYLA, ZONING CHIEF PRESENTING BOA 25-0006 . IT IS FOR DARRELL AND CAROL PRATT. THIS IS FOR ALLOWING 50% LOT COVERAGE FOR PLACEMENT OF A SHED IN THE ZONING DISTRICT. THIS IS THE ARIEL OF THE PROPERTY. YOU SEE THE HOUSE OF THEIR OUTLINED IN BLUE. THE PARCEL IS LOCATED ON THE SOUTHEAST SIDE OF BRANDON DRIVE, NORTHEAST OF PEORIA ROAD AND WEST OF DOCTORS LAKE DRIVE . IT IS 0.183 IN ACRES. THE PARCEL LEAVES THE DEFINITION OF THE LOT OF RECORD. THIS HOMESTEADED PARCEL WAS ACTUALLY DEVELOPED IN 2007. BUT IN 2003, THEY WENT THROUGH A REZONING TO CREATE THE 36 LOTS. THE PROPERTY IS ROUGHLY 110 BY 70 WITH A 20 FOOT DRAINAGE EASEMENT LOCATED ON THE NORTH SIDE OF THE LOT. THE ZONING DISTRICT REQUIRES A MAXIMUM OF 30% LOT COVERAGE AND THIS IS NOT IN PERVIOUS SURFACE. IT IS ON THE ROOF COVERAGE. THE HOME ON THE LOT WAS BUILT PRIOR TO OUR CODE LANGUAGE, BECOMING CODIFIED REGARDING LOT COVERAGE. IT WAS DONE IN APPROXIMATELY 2010. AND THE RESULT IS THAT THE EXISTING HOME EXCEEDED THE LOT COVERAGE WHEN IT WAS BUILT. THE LOT COVERAGE IS THERE TO ENSURE THERE IS ADEQUATE AREA FOR DRAINAGE ON THE LOT AND COULD PRODUCE SIGNIFICANT ISSUES FOR ADJACENT PROPERTIES. SO HERE, YOU CAN SEE THE ZONING AND LAND USE. IT DOES HAVE A LAND-USE OF 10, AND THE ZONING IS RV. SO THE CONDITIONS FOR VARIANCE ARE AS FOLLOWS -- THERE ARE NO SPECIAL CONDITIONS ON THIS LOT. THE SUBJECT PROPERTY WAS PLATTED IN 2006 FOR APPROXIMATELY 36 LOTS. EACH LOT HAS ESSENTIALLY THE SAME DIMENSIONS FROM 70 FEET WIDE TO 96 FEET WIDE, A DEPTH OF 100 FEET. THERE ARE SEVERAL STRUCTURES EXISTING IN THE PLAT THAT DID NOT REQUIRE THE LOT COVERAGE. THE LOT IS CURRENTLY BUILT TO THE MAXIMUM ALLOWED BY SETBACKS. THEREBY, LEAVING NO ROOM FOR ACCESSORY STRUCTURES. THE LOT DOES NOT HAVE ANY SPECIAL CHARACTERISTICS THAT OTHER SUBDIVISIONS DO NOT ALSO POSSESS. EXCUSE ME. THE GRANTING OF THE VARIANCE WILL CONFER, PRIVILEGED TO OTHER PROPERTIES THAT HAVE BUILT STRUCTURES AND HAVE BEEN ABLE TO MEET THE REQUIRED LOT COVERAGE. THE LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN THE DISTRICT. AS STATED, MULTIPLE HOMES HAVE BEEN CONSTRUCTED WITH SIMILAR WITH ACCESSORY STRUCTURES. THE VARIANCE IS TO ALLOW FOR INCREASE OF UP TO 50% IN THE RB ZONING DISTRICT. THIS WOULD MEET THE MINIMUM REQUIRED, GRANTING OF THE VARIANCE IS NOT IN HARMONY WITH THE PATTERN OF DEVELOPMENT IN THE SUBDIVISION, NOR IS IT CONSISTENT WITH THE LAND DEVELOPMENT CODE. AND AS I SHARED, THE VARIANCE COULD BE TO SET PRECEDENT FOR THE INCREASE IN BUILDING COVERAGE AND HAVE FLOODING AFFECTS. BUILDING COVERAGE REQUIREMENTS ARE NECESSARY FOR LIGHT, AIR, AND [00:05:03] ACCESS BETWEEN THE PERVIOUS SURFACE RUNOFF. STAFF DID NOT FIND A HARDSHIP THAT EXIST WITH THIS LOT, AND PROVIDES A RECOMMENDATION OF DENIAL. I AM HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ON THE PROPERTY. THE APPLICANT IS HERE. >> ANYONE HAVE ANY QUESTIONS FOR STAFF? >> APPLICANT, PLEASE COME FORWARD. >> IF YOU WOULD RAISE YOUR HAND, SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. >> MY NAME IS DARRELL PRATT, 1315 BRANDON DRIVE, ORANGE PARK, FLORIDA, 32065. >> TELL US A LITTLE BIT OF WHAT YOU WANT TO DO, AND WHY. WHATEVER. >> FIRST OF ALL, I WANT TO THANK YOU ALL. THE BOARD MEMBERS FOR LISTENING TO ME, GIVING YOUR TIME AND THOUGHTFULNESS TO THIS CONSIDERATION. OUR HOUSE WAS BUILT IN 2007 BY MERCEDES . AS ALREADY STATED, THERE WERE 36 HOMES IN THERE AND EVERY ONE OF THOSE HOMES EXCEED THE COVERAGE. I QUICKLY IDENTIFIED FOUR NEIGHBORS IN MY NEIGHBORHOOD WHO ALREADY HAVE -- AND I GOT PICTURES. PICTURES OF BUILDINGS, AND A PORT THAT EXCEEDS EVEN FURTHER. MY HOME IS SMALLER THAN MOST OF THE OTHER HOMES IN THE NEIGHBORHOOD. AND I'M SURE THAT THERE IS MORE INFRACTIONS THAT I'VE BEEN ABLE TO SEE. I HAVE BEEN WORKING VERY HARD TO FOLLOW THE LEGAL ASPECTS AND DO THE CORRECT PROCESS WHICH THESE OTHER FOLKS HAVE DONE. I'VE SPENT OVER $460 SO FAR TO TRY TO GET THIS VARIANCE. ALSO TO PERMIT, IT WAS GRANTED. 100% DISABLED VETERAN, AND A COUNTY SCHOOL TEACHER FOR 33 YEARS AT ORANGE PARK HIGH SCHOOL. LAST YEAR, WE HAD TO REPLACE OUR FLOOR IN THE ENTIRE HOME BECAUSE OF THE CONSTRUCTION MERCEDES DID. COST $24,000. WE HAD TO TAKE A LOT OF OUR PERSONAL BELONGINGS, THINGS LIKE THAT, AND WE USED TO HAVE STORAGE, BUT WE COULDN'T KEEP AFFORDING IT. MY TRUCK HAS BEEN DAMAGED TWO TIMES BECAUSE OF ILLEGAL FIREWORKS. THE FIRST ON THE COST OF $1100, THE SECOND TIME JUST HAPPENED RECENTLY ON NEW YEAR'S EVE. IT COST ME $3400 TO PAY MY TRUCK AND I GOT THE SHERIFFS DEPARTMENT INVOLVED, AND NOTHING WOULD BE DONE BECAUSE THEY WERE SHOOTING OFF THE FIREWORKS IN THE MIDDLE OF THE STREET UP UNTIL 2:00 IN THE MORNING. IT ALSO AFFECTED THE ROOF ON MY HOME AND MY PROPERTY. I NEEDED 80 SQUARE FOOT, WHICH IS ONE OF THE SMALLEST SHEDS AVAILABLE TO STORE MY LAWN EQUIPMENT, MY TOOLS, AND SOME PERSONAL ITEMS, SO THAT WE CAN GET OUR VEHICLE IN OUR GARAGE BECAUSE OF MEDICAL CONDITIONS I HAVE. MIDDLE CONDITIONS THAT I FACE, AND MY WIFE IS HAVING QUITE A FEW LATELY, TOO. SHE 77. WE WOULD LIKE TO PARK OUR VEHICLE IN THE AGING AND HEALTH RELATED ISSUES. PLEASE ASSIST ME IN MY MATTER. I WOULD REALLY APPRECIATE IT. >> OKAY. ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? >> I DO. QUICK QUESTION, SO I SEE THE FOUR THAT WERE SUBMITTED APPEAR. THOSE ARE THE FOUR DIFFERENT PROPERTIES YOU REFERRED TO? CORRECT? >> THAT'S FINE. I JUST WANTED TO MAKE SURE. NOW THE TYPE OF SAID YOU WERE DISCUSSING HAVING FOR YOUR EQUIPMENT, IS IT [00:10:01] SOMETHING SIMILAR TO THE FOUR THAT ARE PICTURED HERE? >> IT'S REALLY SMALL. >> IN TERMS OF LIKE, FOR EXAMPLE, THIS IS THE TYPE OF SHADE YOU WOULD BUY SOMEWHERE LIKE LOWE'S OR SOMETHING. IT'S ONE OF THOSE TYPES, CORRECT? >> THEY BUILT ON MY LOT, A TUFF SHED. IT'S CONSTRUCTED FOR REINS, HURRICANES, IT SPECIAL MATES. -- SPECIAL MADE PERIODS MY SECOND QUESTION, WITH THIS BE IN THE FRONT YARD? >> THERE ARE PICTURES OF WHERE IT WOULD BE. I PUT UP FLAGS, IT'S 10 FEET AWAY FROM THAT DRAIN. THEY SAY THE DRAINAGE WAS 20 FEET, BUT IT'S 10 FEET ON EACH SIDE OF THE DRAIN. I'VE GOT IT LAID OUT, IT'S 7 1/2 FEET FROM THE BACK OF MY HOUSE. IT'S DRY LAKE, SO THERE'S NOBODY BACK THERE. THERE'S PLENTY OF ROOM FOR THIS BUILDING. IT'S ONE OF THE SMALLEST, ONE OF THE BEST MADE. >> IT'S NOT REQUESTING THE VARIANCE OF ANY SETBACKS. >> OH, RIGHT. >> THOSE ARE THE ONLY QUESTIONS I HAVE, THANK YOU. >> I HAVE ONE. IT SAID THAT THE VARIANCE WAS TO REQUEST UP TO 50 PERCENT. NOW, DOES THAT MEAN THAT THE STRUCTURE -- COULD HE PUT A BIGGER STRUCTURE THAN THE ONE HE'S TALKING ABOUT? YOU KNOW WHAT I MEAN? >> WE DON'T KNOW EXACTLY THE AMOUNT OF SQUARE FOOTAGE THAT HE IS OVER THE 30. HE WAS BETWEEN 40 AND 50% WITH THE REQUEST ON THE SQUARE FOOTAGE THAT YOU PROVIDED TO US. NOW AGAIN, WE DON'T KNOW BECAUSE WE HAVEN'T SUBMITTED. THE PERMIT HASN'T BEEN SUBMITTED. SO I WANT TO MAKE SURE THAT WE INCLUDED. I DIDN'T WANT TO GO OVER, YOU KNOW, 37%. >> RIGHT. ANY OTHER QUESTIONS? >> I DID. I'M NOT SURE IF YOU ARE STAFF CAN ANSWER THIS, BUT WHEN THIS SIZED SHED IS BUILT, DO YOU KNOW WHAT THE PERCENTAGE COVERAGE WOULD BE? >> I WAS TOLD THAT IT IS THE OVERAGE NOW, WHICH OUR HOME IS ONE OF THE LOWEST OVERAGES OF ALL OF THE HOMES, INCLUDING THE ONES HERE. THEY ARE REALLY BIG HOMES. IT WAS 0.38. NOW IT WON'T BE MUCH BECAUSE IT IS ONLY 80 SQUARE FEET. SO IT'S ONE OF THE SMALLEST. AND IS NOT VERY HIGH EITHER. >> RIGHT. WOULD ANYBODY HAPPEN TO KNOW HOW MANY SQUARE FEET ARE IN THAT ACREAGE? AN IDEA AND THE PERCENT. WOULD ANYBODY HAVE THE NO? HOW MANY SQUARE FEET YOUR EXISTING LOT IS? I'M JUST WONDERING HOW MANY PERCENT COVERAGE THE SHED IS BY ITSELF. >> OH, BY ITSELF? >> WHAT WAS IT? WHAT WAS THE LOT SIZE? >> 0.185, I BELIEVE. 0.183. >> I JUST DON'T KNOW WHAT THAT IS IN SQUARE FEET. >> AND THE EXISTING HOME, AS IT IS WRITTEN IN THE STAFF REPORT, IS 3146 SQUARE FEET. >> OKAY. >> MY HOME? >> YES SIR. >> 2450, THAT I KNOW OF. >> WITH A GROSS AREA OF 3140 SQUARE FEET, AS REPORTED IN THE PROPERTY. >> SO THAT WOULD INCLUDE YOUR GARAGE, ANY PORCHES. THAT WOULD INCLUDE THAT FOR THE NUMBER SHE'S GIVING YOU. THERE'S PLENTY OF ROOM IN THE BACK. >> YES MA'AM. >> AND IT IS DIFFICULT FOR US TO BE ABLE TO DEFINITIVLY IDENTIFY. >> IT LOOKS TO ME LIKE 80 SQUARE FEET IS 3% OF WHAT THE HOUSES. >> YEAH. >> SO THE SQUARE FOOT COVERAGE OVER IT IS PROBABLY NO MORE THAN 1 1/2 PERCENT INCREASE THAN WHAT IT IS NOW. I THINK THAT WAS ALL I HAD. >> OKAY. SINCE WE HAVE A CARD, HELP ME OUT. DO WE NOW LET THAT [00:15:04] PERSON -- OKAY. WE DON'T HAVE ANY OTHER QUESTIONS FOR YOU RIGHT NOW. WE MIGHT WANT TO CALL YOU BACK? MR. COURTNEY, WOULD YOU LIKE TO COME UP? >> YES SIR. >> IF YOU WOULD, RAISE YOUR RIGHT HAND, DO YOU SWEAR TO TELL THE TRUTH AND THE WHOLE TRUTH? NAME AND ADDRESS? >> CHOI COURTNEY. I LIVE IN KEYSTONE HEIGHTS. I AM HERE ON MR. PRATT'S BEHALF. MY GENERAL MANAGER COULDN'T ACTUALLY MAKE IT TONIGHT, SO HE ASKED ME TO STEP IN TONIGHT. I JUST WANT TO SPEAK ON HIS BEHALF, YOU KNOW, JUST GO OVER A COUPLE OF THINGS THAT WE TALKED ABOUT. SO THE ORIGINAL HOME WAS APPROVED AND CONSTRUCTED UNDER PREVIOUS ZONING REGULATIONS SOLELY DUE TO THE GENERATIONS AFTER THE HOUSE WAS ALREADY BUILT. AND I KNOW YOU SAID THERE WAS REALLY NO HARDSHIPS, BUT THE APPLICANT IS A 78-YEAR-OLD MILITARY VETERAN WHO SEEKS TO BUILD A SHED TO STORE PERSONAL BELONGINGS ACCUMULATED OVER A LIFETIME. THAT REPRESENTS PERSONAL AND FUNCTIONAL NEED. THE SHED WILL ALLOW THE APPLICANT AND HIS WIFE TO CLEAR SPACE IN THE GARAGE ENABLING THEM TO SAFELY PARK INDOORS, PARTICULARLY FOR AGING RESIDENTS WHO MUST AVOID EXPOSURE TO INCREMENTING WHETHER AN INJURY. THEY ARE HAVING TO GET OUTSIDE, WALK AROUND TO IT IN THEIR HOUSE. IN THE REQUEST, THE SHED WOULD BE KEEPING WITH THE VISUAL AND STRUCTURAL CHARACTER OF THE NEIGHBORHOOD. NO NEGATIVE IMPACT ON THE PROPERTY VALUE OR NEIGHBORHOOD AESTHETICS. SHINGLES AND EVERYTHING. IT WILL LOOK GOOD. ONE OF THE OTHER THINGS I HAVE TO TAKE, APPROVAL OF THE VARIANCE, WE WILL SEND A MESSAGE TO THE CLAY COUNTY RESIDENTS THAT THE LEGAL AND PROPER CHANNELS, RATHER SEEKING IT THIS WAY THAN PUTTING UP ILLEGAL STRUCTURES ON THEIR PROPERTY. I'M SURE WE ALL SEE SHADES THAT ARE RIGHT ON THE FENCE LINE EVERYWHERE WHERE YOU ARE AT. AND MR. PRATT IS TRYING TO DO THINGS CORRECTLY THROUGH TRANSPARENCY, PERMITTING, AND COMPLIANCE WITH THE CITY. I THINK THAT'S ALL I HAVE. I HAVE A QUESTION FOR YOU. >> YES SIR. >> I HAVE A TUFF SHED THAT I LIKE A LOT THAT I HAD TO COME AND GET A VARIANCE FOR BEFORE I JOINED THE BOARD. THAT'S WHERE I LEARNED ABOUT THE BOARD. IS IT GOING TO BE SITTING ON -- >> YEAH, WE WILL LEVEL WHATEVER NEEDS TO BE LEVEL. WE WILL ANCHOR IT DOWN. >> I JUST WANTED TO LET OTHERS KNOW THAT AS FAR AS DRAINAGE, IT WON'T AFFECT THE DRAINAGE BECAUSE IT WILL BE OFF THE GROUND. >> YEAH, WE HAVE A STEEL BASE THAT GOES AROUND IT. IT WOULD GO UNDERNEATH THE SHED ITSELF, AND THAT IS SIX INCHES OFF THE GROUND, SO. >> ALL RIGHT, THANK YOU. >> ANYONE ELSE HAVE ANY QUESTIONS FOR THE TUFF SHED GUY? OKAY. CLOSING THE PUBLIC HEARING, THANK YOU. I AM NOT THE CHAIR, I AM THE VICE CHAIR. THE CHAIR COULDN'T BE HERE. >> YOU ARE DOING A GREAT JOB. >> OKAY. >> THAT MAKES YOU AN EXPERT NOW. >> WANT TO DISCUSS HERE ABOUT THIS? >> I DON'T HAVE ANY ITEMS TO DISCUSS, WE HAD TO OPEN IT ONE MORE TIME? NO? WE ARE GOOD TO GO? OKAY. I WILL MAKE A MOTION. FIRST OF ALL, FOR THE GENTLEMAN WHO MADE THE TRIP FROM KEYSTONE, AS SOMEONE ELSE WHO LIVES WAY OUT IN KEYSTONE HEIGHTS, I KNOW IT'S NOT A SHORT DRIVE. THANK YOU FOR YOUR TIME THIS EVENING. I AGREE WITH THE SECOND POINT HE MADE. YOU GUYS MAY REMEMBER A PREVIOUS CASE WE HAD. IT WAS PROBABLY ONE OF YOUR FIRST MEETINGS WITH US. THE GENTLEMAN FROM CONEY ISLAND WHO FOLLOW THE PROPER CHANNELS TO COME THROUGH HERE WHEN A LOT OF THE OTHER NEIGHBORS HAD NOT DONE SO. IT OBVIOUSLY WAS NOT A SHED SITUATION, IT WAS A MUCH BIGGER STRUCTURED FACILITY. I APPLAUD YOU FOR GOING OUT OF THE WAY TO DO THAT THE RIGHT WAY. AND I AGREE WITH THE POINT THAT THE SECOND GENTLEMAN MADE. YOU KNOW, WE WANT TO INCENTIVIZE PEOPLE TO DO IT THE RIGHT WAY IF THEY ARE GOING TO DO IT. WE WANT TO INCENTIVIZE PEOPLE TO COME HERE. I WILL MAKE A MOTION TO APPROVE THIS. IT IS A NOMINAL INCREASE, SO IT'S NOT ANYTHING SIGNIFICANT. THEY'VE CLEARLY SHOWN THERE IS THE ABILITY TO MAKE IT HAPPEN. AND THERE ARE [00:20:02] SEVERAL OTHERS IN THE NEIGHBORHOOD WITH IT BEING IN THE BACKYARD. NOT THAT IT WOULD BE A BLIGHT, BUT IT WOULD NOT BE VISIBLE IN THE FRONT OF THE NEIGHBORHOOD. IT WOULD IMPACT THE QUALITY AND THE NEIGHBORHOOD. SO FOR THAT REASON, I WOULD MAKE A MOTION TO APPROVE. >> I WILL SECOND THE MOTION FOR ALL THE REASONS YOU SAID. AND IF NO NEIGHBORS THAT LIVE HERE BY YOU COME HERE TO DISPUTE IT IN THE HOMEOWNERS ASSOCIATION IS OKAY WITH IT, WHICH HARDLY EVER HAPPENS, I THINK WE OUGHT TO BE OKAY WITH IT, TOO. I HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. OPPOSED? IT'S APPROVED. >> >> YOU TWISTED YOUR ARM DOWN THERE SON? >> AND THANK YOU GUYS FOR BEING WITH US THIS EVENING. >> I WILL WRITE YOU AN APPROVAL LETTER. THEN YOU JUST SUBMIT THE BUILDING PERMIT. HAVE A GOOD NIGHT. >> WE WILL OPEN FOR A SECOND PUBLIC HEARING. COMMENT. SEEING NO ONE, THAT'S CLOSED. SO, * This transcript was compiled from uncorrected Closed Captioning.