[00:00:02]
BUT I WAS SCARED. [INAUDIBLE] ATLANTA. GOOD EVENING.
[CALL TO ORDER]
WITH THAT, I WILL CALL THE. WHAT DAY IS IT? APRIL 30, 2026.CLAY COUNTY BOARD OF ADJUSTMENT MEETING TO ORDER.
AND THE FIRST THING I WANT TO DO IS INTRODUCE OUR NEW BOARD MEMBER, GEORGE GOODRICH.
BUT WE WE LOVE WE LOVE STAFF. SO THANK YOU GEORGE.
THANK YOU. OKAY. THE THE NEXT ITEM IS THE APPROVAL OF OUR MINUTES FROM OUR LAST MEETING, WHICH WAS
[APPROVAL OF MINUTES]
DECEMBER 4TH. IS THAT CORRECT? 2025. I WILL MOVE APPROVAL.I HAVE A MOTION FOR APPROVAL OF THE MINUTES. DO I HAVE A SECOND? I'LL SECOND. OKAY. I HAVE A MOTION AND A SECOND FOR APPROVAL OF THOSE MINUTES.
ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? PASSES FOUR ZERO.
THE NEXT ITEM IS WE HAVE AN OPEN PUBLIC COMMENT.
YOU CAN COMMENT ON ANYTHING YOU WANT. FIVE. OH, YEAH.
OH, YEAH. WE'LL PASS FIVE. OH YEAH. SHE WAS SHE.
YOU'RE HERE. THANK YOU. THAT'S THAT WE HAVE A PUBLIC COMMENT TIME THAT ANYBODY HERE CAN SPEAK ABOUT ANYTHING THEY WANT TO ON THE AGENDA OR NOT ON THE AGENDA, SEEING NOBODY COME FORWARD, I WILL CLOSE THAT AND BRING IT BACK TO US AND OUR PUBLIC HEARINGS.
[1. Public Hearing to Consider BOA 26-0003]
THE FIRST PUBLIC HEARING IS FOR BOAR DASH. OH, I'M SORRY, BOA 2026 DASH 0030003. AND WITH THAT, I'LL TURN IT OVER TO STAFF BETH.THE ADDRESS OF THE PARCEL IS 4489 SPRINGBANK ROAD, GREEN COVE SPRINGS, AND THE REQUEST IS TO DEFER THE INSTALLATION OF A REQUIRED PERIMETER BUFFER FENCE TO A LATER DATE FOLLOWING CERTIFICATE OF OCCUPANCY AND THE THE SPECIFIC DATE WAS NOT PROVIDED.
THIS IS AN AERIAL IMAGE OF THE PROPERTY. YOU CAN SEE IT'S JUST PRIOR TO IT BEING CONSTRUCTED.
IT'S ACTUALLY BEEN BUILT TO THIS DATE. IT'S A RURAL AREA ALONG SPRINGBANK ROAD.
THE PARCEL IS LOCATED ON THE EAST SIDE OF SPRINGBANK AND SURROUNDED BY RESIDENTIALLY ZONED LAND ARTICLE SIX, WHICH IS THE TREE PROTECTION LANDSCAPE STANDARDS IN SECTION 6-8 REQUIRES A 20 FOOT TYPE B PERIMETER BUFFER WHERE A PROJECT IS ADJACENT TO RESIDENTIAL. THE TYPE B BUFFER REQUIRES A SIX FOOT VISUAL BARRIER, WHICH CAN BE EITHER A WALL, A FENCE, SHRUBS THAT ARE SIX FEET HIGH AT PLANTING OR A BERM IN COMBINATION WITH ANY OF THOSE ITEMS, ALONG WITH EVERGREEN EVERGREEN TREE PLANTING AND GROUND COVER, WHICH COULD BE TURF OR OTHER GROUND COVER EXISTING WOODED AREAS.
THE APPLICANTS PLANS INDICATE THAT THERE IS A COMBINATION OF WAYS THAT HE'S GOING TO MEET THIS.
AND THE VARIANCE REQUEST, AGAIN, IS TO DEFER THE INSTALLATION OF THE PRIVACY FENCE THAT THEY'RE SHOWING ON PART OF THE PROPERTY TO A LATER DATE, WHICH WAS NOT PROVIDED. THEY CURRENTLY HAVE A CERTIFICATE OF OCCUPANCY OR A TEMPORARY CERTIFICATE OF OCCUPANCY.
AND AGAIN, THEY'RE SURROUNDED BY RESIDENTIAL ON ALL THREE SIDES.
THE NORTHERN BOUNDARY WHERE YOU SEE THE CIRCLES A LITTLE HARD TO SEE.
THEY WERE GOING TO BE PLANTING TREES AND PUTTING IN A FENCE ON THE EASTERN BOUNDARY.
THAT WIDE AREA IS ACTUALLY A TREE BUFFER. AND THEY WERE GOING TO SUPPLEMENT IT WITH A FEW TREES TO, TO MEET THE OPACITY. AND THEN ON THE SOUTHERN BOUNDARY AGAIN, WE'RE PLANTING AND WOULD BE PUTTING A FENCE IN.
THERE ARE NO UNIQUE CONDITIONS OF THE LAND STRUCTURE OR BUILDING.
THE CHURCH IS SURROUNDED ON THREE SIDES BY RESIDENTIALLY ZONED PARCELS, WHICH IS NOT UNCOMMON, THAT SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT.
WELL, BUDGET AND TIMING OVERRUNS MAY NOT HAVE DIRECTLY RESULTED FROM THE APPLICANT.
[00:05:03]
THE OTHER CRITERIA IS THAT GRANTING THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THIS ORDINANCE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT.THE GRANTING OF THE VARIANCE WOULD CONFER ON THE APPLICANT A PRIVILEGE DENIED TO OTHER PROPERTIES ADJACENT TO RESIDENTIAL THAT ARE REQUIRED TO INSTALL PERIMETER BUFFER PRIOR TO OCCUPYING THE STRUCTURE. NEXT CONDITION IS THAT LITERAL INTERPRETATION OF THE PROVISIONS OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT.
THE REQUESTED VARIANCE DOES NOT PROVIDE A SPECIFIED TIME FOR THE INSTALLATION OF THE REQUIRED FENCE, AND NEXT ONE IS THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSES OF THESE ORDINANCES, AND THAT SUCH VARIANTS WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
SO THOSE ARE THE CONDITIONS FOR THE VARIANCE.
STAFF FINDS ALLOWING THE INSTALLATION THE FENCE TO BE DEFERRED UNTIL AN UNKNOWN FUTURE DATE FOLLOWING THE OCCUPATION OF THE SITE, TO BE INCONSISTENT WITH THE LAND DEVELOPMENT CODE.
STAFF RECOMMENDS DENIAL OF THE REQUEST TO DEFER THE INSTALLATION OF THE PERIMETER BUFFER FUNDS.
YES. LET ME ASK YOU GO BACK IF YOU WOULD, TO THE YOU HAD MIKE DONNELL'S LANDSCAPE PLAN UP THERE.
THERE YOU GO. I UNDERSTAND ON THE EAST SIDE, THE RIGHT SIDE, THERE'S EXISTING WOODS ON THE NORTH SIDE AND ON THE SOUTH SIDE, THERE'S QUITE A FEW TREES THAT ARE LOOKING TO PLANT.
ARE THEY ASKING FOR JUST A VARIANCE ON THE FENCE ONLY OR THE FENCE AND THE TREES? THE APPLICATION WAS FOR JUST THE FENCE. JUST THE FENCE.
MY UNDERSTANDING IS JUST THE FENCE AND I ASSUME THEY'LL.
YEAH. OKAY. SPEAK UP. AND THE FENCE REQUIREMENT IS SIX FEET TALL.
85%. WELL, IT WOULD BE A PRIVACY FENCE IF IT'S A.
SO IF THAT'S A CONCERN THAT HASN'T BEEN RAISED.
CORRECT. WHO IS ACTUALLY IN FAVOR WOULD LIKE TO FORMALLY EXPRESS THEIR SUPPORT FOR THE REQUESTED VARIANCE AND FOR THE PROPERTY NOT BEING REQUIRED TO INSTALL THE FENCE.
OKAY. JUST TO ADD THAT TO THE RECORD. DOES ANYBODY ELSE HAVE HAVE QUESTIONS OF BETH BEFORE I CALL THE APPLICANT UP? WHEN DOES THE TEMPORARY SUNSET EXPIRE? HONESTLY, I'M NOT SURE ON THAT.
I THINK IT'S HINGING ON THIS. THE OUTCOME OF THIS.
AS A RULE, WE DON'T TYPICALLY OR. THE BUILDING DEPARTMENT DOES NOT TYPICALLY ISSUE TEMPORARY COS, BUT THEY DO UNDER CERTAIN CIRCUMSTANCES I DON'T I DON'T KNOW THAT WHEN A TEMPORARY CO IS ISSUED.
IF IT'S IF IT'S NOT GIVEN A DATE, YOU KNOW WE'RE GIVING YOU 60 DAYS OR A YEAR OR WHATEVER.
I DON'T THINK THEY EVER SUNSET. IT'S BEEN MY EXPERIENCE.
YEAH, YEAH. I'M SAYING A WEEK OR A MONTH IF IT'S STATED THAT, YOU KNOW, IN, IN, IF, IF, IF AN APPLICANT WANTS A TEMPORARY CO THE BUILDING DEPARTMENT NEEDS TO PUT A, PUT AN ENDING DATE ON THAT BECAUSE IF THEY DON'T WANT THEM TO DO ANYTHING.
YEAH. WELL, IF THE TEMPORARY CEO IS GRANTED FOR 30 DAYS OR 360 DAYS OR WHATEVER FOR THE LANDSCAPING AND IT'S NOT DONE. THE, THE BUILDING DEPARTMENT CAN GO BACK AND LITERALLY RED TAG AND, YOU KNOW SHUT DOWN THAT
[00:10:09]
BUILDING. SO NOW THE CHURCH WOULD NOT BE GOOD NEWS.IT'S NOT. I KNOW, THAT'S WHAT I'M SAYING. IT'S NOT, YOU KNOW, IT'S, YOU KNOW, YOU, YOU CAN HAVE, YOU KNOW, WATER METER REMOVED OR WHATEVER. I MEAN, IT'S PROBABLY NOT GOING TO HAPPEN ON A CHURCH, BUT YEAH. AND THAT'S WHAT WE'LL DISCUSS WITH THE, THE APPLICANT AS TO WHY DO YOU NOT WANT TO PUT THAT IN RIGHT NOW? AND, YOU KNOW, THAT'S THE REASON I WAS THINKING ABOUT THE TREES BEING PLANTED IN THE IRRIGATION SYSTEM BEING PUT IN.
I READ IN THE IN THIS THING THAT THE CHURCH, THE CHURCH PEOPLE, WERE THEY GOING TO DO THE FENCE? NOT THE CONTRACTOR, I GUESS WAS THE IDEA THAT, YOU KNOW, WE'LL DO THAT WITH OUR STAFF AND OUR MONEY AND THEN GOT TO GET THEM OUT THERE TO DO IT. RIGHT, RIGHT. SO, OKAY. ANY ANY MORE QUESTIONS OF BETH AND I'LL, I'LL GET THE APPLICANT FOR.
OKAY, SIR, IF YOU WILL COME, COME, COME FORWARD.
AND I NEED YOU TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.
OKAY. MY NAME IS JOHN WILLIAMS. MY ADDRESS IS 2770 ROSE BAY DRIVE.
AND I PASTOR GRACE MISSIONARY BAPTIST CHURCH.
OKAY. DO YOU SWEAR THAT EVERYTHING YOU'RE ABOUT TO STATE IS THE TRUTH, SO HELP YOU GOD? YES, SIR. OKAY, GOOD. SO HERE'S SOME PICTURES OF THE NATURAL BARRIER THAT CURRENTLY EXIST.
AND JUST A FEW I, I WROTE DOWN A FEW THINGS ON THE REASON WE DON'T WANT THE FENCE AT THE CHURCH.
NUMBER ONE IS WE'RE PAST TIME YET. WE'RE IN A TEMPORARY CEO.
THANKFUL FOR THAT, BUT A TEMPORARY CEO FEELS LIKE WE GOT SOMEBODY LOOKING OVER OUR SHOULDER AND WE JUST WANT TO BE IN HAVE OUR CEO AND HAVE, YOU KNOW, THE COUNTY'S APPROVAL. IT'S A BEAUTIFUL BUILDING.
WE ARE OVER BUDGET. THE FENCE PRICE, YOU KNOW, IS SOMEWHERE AROUND 7500 BUCKS.
AND SO THAT WOULD BE ANOTHER REASON. ESTHETICALLY IT WOULDN'T BE PLEASING.
I WOULDN'T WANT A FENCE WHETHER IF I HAD THE OPTION AND ENDLESS MONEY AND ENDLESS TIME AND ENDLESS APPROVALS, I WOULDN'T WANT THE FENCE THERE. IT'S. IT LOOKS BETTER WITHOUT THE FENCE.
SO I JUST PREFER CHURCH WITHOUT FENCES, TO BE HONEST WITH YOU.
AND SO THAT WAS ONE OF THE OTHER REASONS. AND THEN FINALLY, MY FINAL REASON, THE LETTER FROM THE NEIGHBOR, THE EMAIL FROM THE NEIGHBOR HE, I'VE TALKED TO HIM A COUPLE TIMES.
IT SITS VACANT AND THAT'S WHAT AND THAT'S WHERE YOU SEE A LOT OF THOSE TREES.
IF YOU LOOK AT THOSE PICTURES, THAT IS A HALF ACRE LOT THAT HAS BEEN MIS SURVEYED FOR YEARS.
IT ENDED UP GOING ACROSS THE STREET. HOWEVER, DURING THE PROCESS OF OUR BUILDING GOING UP, WE HAD THE LAND ALL RESURVEYED. SPENT SOME EXTRA MONEY AND HAD THE LINES REDRAWN TO WHERE.
NOW HIS SERVE. YOU GOT TO UNDERSTAND, THIS DUDE'S LIVED IN THIS HOUSE FOR LIKE 20 YEARS.
WELL, NOW ALL OF A SUDDEN HE'S ALWAYS THOUGHT HIS PROPERTY LINE IS WHERE THE CHURCH PARKING LOT IS.
IS THAT MR. MALLOY? I'M. I'M ASSUMING, SIR, I'VE TALKED TO HIM A COUPLE TIMES.
HE'S THE ONLY HE'S THE ONLY HE'S THE NEIGHBOR THAT'S VOCALIZED THE MOST.
OKAY. ARE YOU? EVEN IF YOU DON'T PUT THE FENCE IN.
OR ARE YOU STILL PUTTING IN THE TREES AND THE IRRIGATION SYSTEM AND ALL THAT? I BASICALLY HAVE BEEN TOLD THAT THE CHURCH'S RESPONSIBILITY FROM THE CONTRACTOR IS THE FENCE.
[00:15:01]
THERE ARE, THERE ARE TREES THAT ARE ALREADY PLANTED.THERE ARE HEDGE TREES PLANTED. THERE'S IRRIGATION UP, BUT IT SITS RIGHT ON THE PARKING LOT.
IF WE WERE TO PUT A FENCE UP IT WOULD GO, LIKE I SAY, CLOSER TO THE PROPERTY LINE.
SO I'M ASSUMING HE HAS MET ALL HIS OBLIGATIONS, AND THAT WAS NOT ONE OF THE AREAS THAT WERE FLAGGED BY THE COUNTY, BECAUSE ONE OF THE CONDITIONS OF YOU GETTING YOUR CO IS GOING TO BE THAT A MEMBER OF BEST STAFF GOES OUT WITH THIS LANDSCAPE PLAN.
AND MY CONTRACTOR CAME TO ME AND HE'S WORKED WITH THE COUNTY A BUNCH.
HE SAID, SEVEN OF THESE ARE MINE AND ONE OF THESE IS YOURS.
AND THE ONE THAT WAS MINE WAS THE FENCE. SO I'M ASSUMING HE'S HANDLED ALL HIS RESPONSIBILITIES.
OKAY. COULD WE PULL THE AERIAL BACK UP? BECAUSE YOU. I MEAN, I GUESS THIS IS A QUESTION TO ANYBODY.
I DON'T SEE ANY HOUSES CLOSE BY. IS THAT THE THE BORDER AT THE TOP IS THE NORTH.
AND SO HE'S, HE'S JUST ABOVE THAT, THAT BLANK SPACE.
AND THEN, LIKE I SAID, THE, THE NEIGHBOR WHERE OUR CHURCH ACTUALLY SITS, IT'S A WHOLE LOT CLOSER TO.
HIS PROPERTY IS ON THE SOUTH SIDE AND HE PUT UP A PRIVACY FENCE.
SO HE HAS THAT LIKE HALF, HALF A LOT OR A LOT ON HALF YOUR PROPERTY AGAINST HALF YOUR PROPERTY.
THEN THERE'S ANOTHER LOT TO THE SIDE. THAT'S CORRECT, SIR.
IS THERE A HOUSE THERE NOW? NO, SIR. I GUESS WE'RE OPEN TO ASK QUESTIONS NOW.
CORRECT. YES. THAT'S WHAT I'M DOING. YEAH, YEAH.
I GUESS MY CONCERN IS. IS WHAT? WHAT YOU'VE ASKED FOR.
IT SAYS TO NOT PUT IT UP RIGHT NOW. BUT WHAT I'M HEARING IS I DON'T WANT TO PUT IT UP.
I DIDN'T FILL IT OUT. OKAY. WELL, THAT'S SO THAT'S THE DIFFERENCE.
SO WHAT YOU'RE REALLY ASKING FOR IS TO NOT PUT IT UP AT ALL.
WELL, I MEAN, NOT RIGHT NOW. MAYBE IN 20 YEARS.
NOW I'LL CHANGE MY MIND. YOU KNOW, I DON'T I DON'T KNOW. I DON'T WANT TO PUT THE FENCE UP.
SO YOU'RE ASKING TO DELETE THE REQUIREMENT. REALLY? YEAH. YES, SIR. YES SIR. IT'S A LITTLE DIFFERENT.
WHEN DO YOU PUT IT UP. YEAH. TOMORROW. RIGHT.
NEXT WEEK. TWO YEARS. YEAH. I GOT A QUESTION TOO.
IF YOU DON'T DO THE FENCE, THE LANDSCAPING, WILL THAT MEET THE REQUIREMENTS AT SOME POINT OR YOU.
YES SIR. HE'S GOT SO NEW COMMERCIAL PROPERTY THEY THEY PLANT THEM HEDGE TREES.
THEY'RE ABOUT THAT BIG. SO EVENTUALLY, YOU KNOW, IN TIME THERE.
THERE'LL BE THIS, YOU KNOW, THIS TALL AND MAINTAINED.
AND I MEAN, THEY WOULD MEET, THEY WOULD MEET THE COUNTY REQUIREMENTS. OKAY.
AND THEN ON THE RIGHT SIDE, THAT'S A HUGE BUFFER WITH TREES ALREADY THERE.
THAT'S CORRECT. OKAY. SO YOU'RE YOU KNOW SO IT'S REALLY JUST THE NORTH SIDE.
YEAH. KIND OF. I'VE GOT ANOTHER QUESTION TO THIS MAY BE FOR THE ATTORNEY SINCE THE APPLICATION IS TO DELAY IT, BUT THAT'S NOT WHAT THEY'RE ASKING FOR.
CAN WE EVEN CHANGE THAT OR DOES THE APPLICATION NEED TO BE REWRITTEN OR REDONE OR RESUBMITTED BECAUSE NOW, LIKE THE PROPERTY OWNERS, IF THEY SAW THE APPLICATION, DECIDE IF THEY WANT TO COME HERE OR PROTEST IT OR NOT.
CAN WE DO SOMETHING DIFFERENT THAN WHAT'S ON THE APPLICATION? IT IS A DIFFERENT ASK. IT'S DEFERRING IMPLIES IT'S GOING TO BE PUT IN SOMEDAY VERSUS NOT WANTING TO PUT IT IN AT ALL.
[00:20:03]
THERE ARE OTHER OPTIONS IF THE FENCE WERE NOT CHOSEN, BUT THEY MAY BE MORE EXPENSIVE THAN THE FENCE.OR DEFERRED UNTIL THE TREES GROW AND MEET THE REQUIREMENTS.
SO EVEN IF THERE'S SHRUBS PUT IN NOW, THEY WOULDN'T MEET THE REQUIREMENT FOR YEARS.
SO RIGHT. SO YOU KNOW, IT COULD BE DEFERRED FOR WHATEVER ESTIMATED TIME IT TAKES FOR SHRUBS TO GROW BUT TECHNICALLY NOT COMPLIANT NOW. SO YES. AND IT'S A TOUGH ONE. I MEAN, JUST LOOKING AT THE LANDSCAPE PLAN, I DON'T I DON'T THINK THE TREES THAT ARE BEING PLANTED ARE, ARE GOING TO FILL IN TO THE, THE LEVEL OF OPACITY THE COUNTY WOULD LIKE TO SEE FOR PROBABLY 5 OR 10 YEARS. I MEAN, THEY'RE SLOW, THEY'RE SMALL, THEY'RE SLOW GROWING.
YOU KNOW, IF IF THAT'S WHAT THE COUNTY WANTS IS THAT, YOU KNOW, YOUR NEIGHBOR CAN'T SEE YOU.
BUT THE NEIGHBOR DON'T WANT IT, AND WE DON'T WANT IT. I UNDERSTAND THAT.
WE'RE PROTECTING WHO MIGHT LIVE IN THAT PROPERTY IN TEN YEARS.
YOU KNOW, THAT'S. BUT I UNDERSTAND THE NEIGHBOR NEIGHBORS RIGHT NOW DON'T HAVE A PROBLEM WITH IT.
DO YOU THE THE FENCE IS ON THE SOUTH SIDE. IS IT FIVE FEET? FOUR FEET, SIX FEET. HEAVY IDEA. I THINK IT'S SIX FOOT.
OKAY. IT'S EITHER 5 OR 6. IT'S SIX FEET. OKAY.
COULD YOU PUT THAT THAT PICTURE UP HERE? IT'S NOT SHOWING UP.
YEAH, IT'S NOT SHOWING UP THERE. ALL RIGHT. WELL I CAN, I GOT, I GOT YOU GOT ONE.
SO AND I DON'T KNOW, THIS IS A TOUGH ONE BECAUSE OF THAT ON THE EAST SIDE, THE RIGHT HAND SIDE, THERE'S OBVIOUSLY A TON OF TREES. AND YOU'RE GOING TO KEEP ALL YOUR TREES THAT ARE THERE ON YOUR PROPERTY.
WELL, THE ONLY THING HE'S ASKING FOR A VARIANCE ON IS THE FENCE. I KNOW, BUT I'M JUST TRYING TO.
IF IF PEOPLE WERE TO DEVELOP HERE, THERE'S STILL A TON OF TREES HERE TO BLOCK THAT.
THIS GUY'S PUT UP A FENCE. THIS THE ONE ON THE SOUTH SIDE.
THERE'S. THERE'S NO HOUSE THERE, IS IT? COULD THERE BE A HOUSE THERE IN THE FUTURE? IS THERE? WHAT'S THAT PROPERTY? IT JUST BEATS VACANT LAND.
SO ON THE SOUTH SOUTH SIDE, YOU HAVE THE ONE ALONG THE ROAD.
I GUESS HE HAS PUT UP A PRIVACY FENCE. TO THE RIGHT OF HIM.
NO, HE'S GOT A HE'S GOT A GARAGE. HE OWNS A WHOLE PIECE OF PROPERTY.
SO THERE'S, HE'S GOT A BIG WORKSHOP BEHIND THAT.
I DON'T KNOW HOW FAR HIS PROPERTY GOES BACK, BUT IT'S IT'S ALL WOODS BACK THERE.
I THINK ALL THAT ONE ONE. OKAY. IT LOOKED LIKE IT LOOKED LIKE A PROPERTY LINE.
THERE IS WHAT I THOUGHT. SO I DIDN'T KNOW IF IT COULD HAVE BEEN AN OLD LOT.
IT'S REALLY JUST THE NORTH SIDE. AND THE NORTH SIDE HAS NO OBJECTION.
BUT DOES HE KNOW IF HE'S WAITING? AND IT LOOKS LIKE THERE'S A HUGE TREE LINE.
MORE THAN HALF OF THAT, TOO. SO IT'S A SMALL SECTION.
THAT LITTLE SMALL SECTION RIGHT THERE IS CURRENTLY WHERE THERE'S A JUDGE IN THE PARKING LOT.
AND THAT'S WHERE THE HEAD, I MEAN, THE HEDGES. THE HEDGES ARE MORE THAN GOING TO COVER, YOU KNOW, THAT LITTLE BREAK. YOU SEE THE BREAK ON THE NORTH SIDE OF THE PROPERTY.
[00:25:01]
THERE'S A TREE THAT SITS ON THE ROAD AND THEN THERE'S A LITTLE GAP. AND THEN THE REST IS JUST TREES THAT HEDGES ALL SIT IN THERE.I GOT ANOTHER QUESTION TOO. YOU SAID IT WOULD COST ABOUT $7,000 FOR THE FENCE.
IS THAT FOR A FENCE TO GO ALL THE WAY AROUND? BECAUSE TO ME, IT LOOKS LIKE ONLY MAYBE THE NORTH SIDE WOULD.
LOOKS LIKE THE EAST SIDE MAY ALREADY MEET THE REQUIREMENTS.
SO IS THAT JUST FOR THAT ONE PIECE OR THE WHOLE WAY AROUND? IT WAS A IT WAS A QUOTE FROM THE CONTRACTOR'S FENCE GUY.
WE HADN'T SHOPPED IT. WE HADN'T DID ANYTHING.
OKAY. SEEMS LIKE VERY EXPENSIVE FOR OF COURSE, I KNOW FENCING HAS GOTTEN EXPENSIVE THESE DAYS.
I DON'T KNOW WHAT TYPE OF MATERIAL. SO I MEAN, OBVIOUSLY AT THIS POINT, IF THE COUNTY, YOU KNOW, HOLDS US TO IT, WE'LL HAVE TO WE'LL MATCH THE WOOD FENCE PANEL THAT THE NEIGHBOR TO THE SOUTH HAS DONE JUST TO BE ESTHETICALLY PLEASING.
I KNOW I PUT UP ABOUT THAT SAME LENGTH OF CHAIN LINK FENCE FOR MY DOG.
IT WAS FOUR GRAND FOR SOMETHING, AND THAT'S JUST CHAIN LINK.
I DO SEE THAT THE GENTLEMAN ON THE NORTH SIDE IN HIS LETTER, US IN SUPPORT.
HE'S NOT TALKING ABOUT DELAYING, HE SAYS, SUPPORT OF NOT INSTALLING THE FENCE.
OH, I'VE TALKED TO THE MAN. HE HE DOES NOT WANT THE FENCE.
AND I DON'T WANT TO HAVE THE CONVERSATION ABOUT THE PROPERTY LINE.
I DON'T KNOW IF Y'ALL HAVE EVER HAD A DISGRUNTLED NEIGHBOR. I DON'T KNOW IF YOU EVER HAD A DISGRUNTLED NEIGHBOR WITH YOUR LOCAL CHURCH, BUT I PROMISE YOU, I DO NOT WANT TO HAVE A DISGRUNTLED, DISGRUNTLED NEIGHBOR IN THAT CHURCH RIGHT THERE AND HAVE TO DEAL WITH THE PHONE CALLS THAT WOULD COME FROM THAT. I SEE YOUR YOU'VE GOT YOUR YOUR PARKING LOT IS GRAVEL.
YES, SIR. YOUR HANDICAP SPACES ARE PAVED. YES, SIR.
DO YOU THINK THERE'S GOING TO BE A GRAVEL DUST ISSUE WITH YOUR NEIGHBOR THAT'S DISGRUNTLED.
OH, NO, SIR, HE'S NOT DISGRUNTLED AS OF RIGHT NOW.
BUT HE WOULD BE. NO, SIR. THERE'S A LARGE AGAIN.
THERE'S THE HALF ACRE, THE HALF ACRE LOT THAT SEPARATES US.
THERE'S A THERE'S A LARGE BUFFER THERE ALREADY.
THERE REALLY IS. AND THERE'S A TON OF TREES. AND THE PARKING LOT DON'T EVEN START ANYWHERE NEAR THE ACTUAL WHERE THE, THE, THE PROPERTY LINE IS IT'S, THERE'S, THERE'S, IT'S, IT'S A THIS WAY, IF WE COULD OVERLAP THE TWO PICTURES, YOU WOULD BE ABLE TO SEE. BUT THERE'S A, THERE'S A PRETTY GOOD NATURAL BARRIER THERE.
AND WE DID, I DON'T KNOW THAT ROCK DIFFERENT DIFFERENCE, BUT IT'S PRETTY COMPACT AND COMPRESSED.
IT'S WHITE. AND IT, IT DOES, IT DOES. WELL, I'M VERY PLEASED WITH THE WAY IT TURNED OUT.
OKAY. ANYBODY ELSE HAVE QUESTIONS OF THE APPLICANT.
OKAY. I'M GOING TO CLOSE THAT PORTION. THANK YOU VERY MUCH, SIR.
DO I HEAR SOMETHING? NO. SIT. NO. SIT DOWN, SIT DOWN.
NO. WE'RE GOING TO DISCUSS. AND THEN WE'RE GOING TO VOTE OR WHATEVER WE'RE GOING TO DO.
OKAY. NO NO NO. THAT IS. WELL, DO WE DO WE NEED TO KNOW FOR SURE WHETHER WE ARE ALLOWED TO CHANGE IT FROM A POSTPONEMENT TO A.
OR CAN WE JUST DO SOMETHING AND THEN SMACK US IF WE'RE WRONG? DOES THE APPLICATION STATE WE WANT TO JUST AN EXTENSION OF THE CEO OR.
SOMETHING YOU'RE LOOKING AT IT AND I DON'T. JAMIE, DO YOU HAVE THE ADD? I THINK IT WAS A REQUEST TO DEFER OR POSTPONE IT FOR A YEAR.
AND AT THAT TIME, SEE IF ANYBODY CARES ANYMORE.
I KNOW. HE JUST SAYS WE'RE DELAYED TO OUTSTANDING LANDSCAPE REQUIREMENTS. THIS PARTICULAR NEIGHBORHOOD, IT SEEMS LIKE A MORE NATURAL VEGETATIVE BARRIER, WOULD HAVE BEEN KIND OF THE FIRST DESIGN RATHER THAN A FENCE.
YEAH. I MEAN, MORE IN CHARACTER WITH THE ADJACENT PROPERTIES.
THE PLANT SHRUBS NOW IN TEN YEARS.
[00:30:14]
THE APPLICATION STATES IN RELEVANT PART DUE TO PROJECT OVERRUNS IN BOTH TIME AND BUDGET.WE ARE RESPECTFULLY REQUESTING CONSIDERATION OF A VARIANCE IN SECTION 12-9.
THAT WOULD ALLOW US TO DEFER INSTALLATION OF THE PRIVACY FENCE TO A LATER DATE.
THE AD THAT WAS RUN. FOR THE PURPOSE OF HEARING OBJECTIONS, IF ANY, TO ISSUING A VARIANCE TO THE CLAY COUNTY LAND DEVELOPMENT CODE, ARTICLE SIX, SECTION 6-85B TO ALLOW FOR INSTANT INSTALLATION OF THE PERIMETER BUFFER FENCE AT A DATE FOLLOWING CERTIFICATE OF OCCUPANCY.
SO BASED ON THAT, I'M NOT SURE THAT IT WOULD BE A PROPER ACTION TO DEFER OR TO ELIMINATE ALTOGETHER THE BUFFER FENCE REQUIREMENT. FOREVER. FOREVER. WE COULD, WE COULD WE COULD GRANT HIM A ONE YEAR OR ONE YEAR, YOU'RE SAYING OR FIVE YEARS OR AS LONG AS IT HAS A SUNSET DATE TO IT.
I THINK THAT'S APPROPRIATE. OR OR COULD WE. SEE? AND IF. OR ARE WE ALLOWED TO LET HIM RE-ADVERTISE THE.
AND CHANGING THE WORDING TO ELIMINATE. I DON'T KNOW WHAT HE WOULD RATHER HAVE AND THAT WE COULD DO THAT AS WELL. WE COULD ALLOW IT TO BE RE-ADVERTISED AND COME BACK AT A, YOU KNOW, ANOTHER HEARING TO YOU ALL, SIR. COULD YOU COME BACK UP? CAN WE WAIVE THE APPLICATION FEE? THERE'S ALSO ADVERTISING FEE. I KNOW THAT, RIGHT? YEAH. WE WE WOULDN'T WAIVE THE ADVERTISING FEE.
WE WE COULD, I MEAN, WE COULD AMEND THIS APPLICATION, JUST CONTINUE WITH IT.
BUT IT HAS TO BE RE-ADVERTISED PROPERLY. AND I WOULD ASK THAT THEY REAPPLY, YOU KNOW, I WITH THIS, I THINK IF JAMIE, IF WE WANTED TO STAY WITH A CERTAIN DATE, YOU KNOW, WE.
SIX MONTHS, ONE YEAR, FIVE YEARS, WHATEVER. I JUST HAVE A FEELING THAT ONCE MR. WILLIAMS WALKS OUT THIS DOOR, WE'RE NEVER GOING TO SEE HIM AGAIN.
THAT'S CORRECT. I MEAN, NO, YOU KNOW, CODE ENFORCEMENT IS NOT GOING TO GO BY AND SAY, GEE, THE THE TEMPORARY CEO HAS RUN OUT AND THEY'RE AND THEY'RE HAVING CHURCH BECAUSE I DON'T SEE ANY OF THE COUNTY COMMISSIONERS WANTING TO GO IN THERE AND PADLOCK A CHURCH.
I MEAN, I JUST, I JUST LET'S FACE IT, IT'S NOT LIKE IT'S A.
THAT'S WHAT HE ASKED. SO THEN HE HAS HIS CEO.
THEN THE BUILDING DEPARTMENT'S GOING TO GO, HEY, HE'S HAD THE CEO.
I'M DONE. I'M NOT STARTING ANYTHING. WOULD ANYBODY ELSE START ANYTHING? AND I MEAN. I MEAN, THAT'S THAT'S AN OPTION. WE COULD WE COULD GIVE HIM TIME TO DEFER IT TILL AFTER THE C AFTER SO MANY MONTHS OR YEARS AFTER THE CEO. THAT'S AN OPTION WE COULD DO.
AND THEN IF SOMEBODY COMES BACK TO HIM, HE'S GOT TO MAYBE COME AND APPLY TO A VARIANCE TO ELIMINATE IT AT THAT POINT, THAT'S AN OPTION. IF SOMEBODY WERE TO COMPLAIN ABOUT IT, IF SOMEBODY WERE.
AND THEN THE NEIGHBOR ALREADY. YEAH. YEAH. OR ANOTHER THING THAT ANOTHER WAY THAT GETS IT.
SO YOU DON'T HAVE A WORRY DOWN THE ROAD IS IF YOU WANTED TO REAPPLY TO ELIMINATE IT, NOT TO DEFER THE INSTALLATION. IF YOU'RE ASKING ME WHICH ONE I'D PREFER, I WOULD.
I WOULD PREFER OPTION A. I DON'T THINK ANYBODY OUT THERE IS EVER GOING TO COMPLAIN ABOUT A PRIVACY FENCE. I JUST WANTED TO ASK, I ASKED, I APPRECIATE THE OPPORTUNITY TO SPEAK. OKAY. WITH ANYBODY GOT ANY.
I'M GOING TO MAKE A MOTION. OH, YOU WANT TO. I'LL MAKE A MOTION.
MAKE A MOTION. YES. GO AHEAD. MOTION TO APPROVE.
DO I HAVE TO SAY THE WHOLE NUMBER AS AS AS PER THE POORLY WORDED APPLICATION.
I'M NOT SURE WHAT HE'S ASKING FOR. WHAT WERE YOU GOING TO SAY?
[00:35:01]
SOMETHING ALONG THAT LINE? YEAH. ARE YOU GOING TO GIVE A CERTAIN DATE AFTER THE.I WAS, BUT MAYBE I DON'T WANT TO. I, I WAS THINKING, CAN WE DEFER IT FOR FIVE YEARS? AND THEN BY THAT TIME SEE WHAT KIND OF. IT'S PROBABLY GROWN UP SO THAT IF FIVE YEARS, IF SOMEBODY WANTS TO COMPLAIN ABOUT IT AND IT DOESN'T MEET THE CODE, THEN THEY HAVE EVERY RIGHT TO DO THAT. ARE YOU MODIFYING HER MOTION? YES. IS THAT A FRIENDLY? DO YOU ACCEPT THIS? I DON'T KNOW HOW YOU DO THIS STUFF.
ARE YOU OKAY WITH THAT MODIFICATION? GIVE HIM A A FIVE YEAR EXTENSION ON COMPLYING WITH THE.
IF SOMEBODY WERE TO COMPLAIN AT THAT POINT. YEAH.
I WILL SECOND YOUR MODIFICATION TO THAT. SO WE HAVE A MOTION AND A SECOND BY WHOEVER YOU WRITE DOWN TO APPROVE THE THE APPLICATION FOR THIS VARIANCE FOR UP TO FIVE YEARS.
MISS BETH, ARE YOU OKAY WITH THAT? THAT MAKES SENSE.
I UNDERSTAND YOUR MOTION. YOU UNDERSTAND? NO, I KNOW, I KNOW.
OKAY. ALL IN. ALL IN FAVOR, SAY AYE. AYE AYE.
ALL OPPOSED? OKAY. IT PASSES FIVE ZERO. THANK YOU.
GOOD LUCK TO YOU. THANK YOU. OKAY, THE NEXT ONE IS 26-004.
[2. Public Hearing to Consider BOA 26-0004]
NOBODY HERE. THERE'S. CAN WE HEAR SOMETHING? IF THERE'S.I KNOW, I KNOW KELLY'S SON WAS GOING TO BE HERE.
YOU THINK IT'S 6:00? THEY DID LAST WEEK.
OKAY. PERFECT TIMING. OKAY. OKAY, STAFF, GO RIGHT AHEAD.
OH, YOU'RE NOT ON THE AIR. OKAY. THE APPLICANT IS DOCTOR EUGENE HAROLD MAKOWSKI THE SECOND, AND HIS WIFE, SABRINA MAKOWSKI. THE AGENT IS KELLY HARTWIG.
AND REPRESENTING HIM TODAY IS HIS SON. THE LOCATION OF THE PROPERTY IS 4231 MAGNOLIA ROAD, ORANGE PARK. 32065 AND THE REQUEST IS TO EXCEED THE 30% MAXIMUM LOT COVERAGE BY 987FT².
THIS IS AN AERIAL IMAGE OF THE PROPERTY. IT'S ON DOCTORS LAKE AND MAGNOLIA ROAD.
THE SQUARE FOOTAGE FOR THE CURRENT SCREEN ENCLOSURE OVER THE POOL IS LESS THAN THE 30% SORRY.
SCREEN ENCLOSURES ARE NOT CALCULATED INTO THE MAXIMUM LOT COVERAGE, WHEREAS A SOLID ROOF WOULD BE ACCORDING TO THE SITE PLAN, THE 29,009 24.99FT² PARCEL WOULD BE PERMITTED TO HAVE A MAXIMUM LOT COVERAGE OF 8977FT². THE REQUEST IS TO EXCEED THIS 30% MAXIMUM BY 987FT² TO INSTALL THE ROOF OVER THE POOL AREA. THIS IS A SITE PLAN, AND FOR THIS REQUEST, I WAS RELYING EXCLUSIVELY REALLY ON THEIR TOTAL LOT NUMBER AREAS THAT ARE RIGHT THERE IN THE MIDDLE.
AT THE VERY BOTTOM IS THE VARIANCE REQUESTED FOR 987FT².
AND ACTUALLY TO I DON'T KNOW IF YOU NEED EXPLANATION OF THIS.
THE GREEN AREA IS WHERE THE PROPOSED NEW ROOF ROOF WILL BE.
SO IT'S NOT REALLY EXTENDING INTO THE BACKYARD ANY FURTHER THAN THE EXISTING.
WE'VE GOT AN EXISTING BIRDCAGE. THEY JUST WANT TO PUT A SOLID ROOF ON IT, I GUESS.
YEAH. OKAY. OKAY. SO CONDITIONS FOR VARIANCE THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND OR STRUCTURE OR BUILDING. THERE ARE NO UNIQUE CONDITIONS OF THE LAND STRUCTURE OR BUILDING THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT. THE PROPERTY OWNER IS CHOOSING TO REPLACE THE CURRENT SCREEN ENCLOSURE OVER THE POOL, WITH A SOLID ROOF TO INCREASE SHADE FROM THE SUN, AND FOR HEALTH REASONS THAT GRANTING THE VARIANCE REQUESTED WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGES DENIED BY THIS ORDINANCE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT.
THE GRANTING OF THE VARIANCE WOULD CONFER ON THE APPLICANT A PRIVILEGE DENIED TO OTHER PROPERTIES,
[00:40:04]
WHO WOULD BE LIMITED TO A MAXIMUM LOT COVERAGE OF 30%.THE LITERAL, LITERAL INTERPRETATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS, THAT THE VARIANCE GRANTED IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE BENEFICIAL USE OF THE LAND BUILDING OR STRUCTURE.
THE REQUESTED VARIANCE WOULD ALLOW FOR THE INSTALLATION OF ROOF OVER THE POOL AREA, WHICH IS PRIMARILY SURROUNDED BY THE EXISTING HOUSE COVERED OUTDOOR AREA AND STORAGE BUILDING. THERE IS MINIMAL EXPANSION INTO THE REAR YARD BEYOND THE EXISTING STRUCTURES AND WOULD NOT IMPACT NEIGHBORING PROPERTY VIEWSHEDS, AND THAT THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSES OF THESE ORDINANCES, AND THAT SUCH VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
THE REQUEST STATES THAT THE NEED FOR THE SOLID ROOF IS TO SHADE FROM THE SUN.
THE CONDITIONS FOR THE VARIANCE STAFF FINDS THAT THE PROPOSED ADDITIONAL ROOF WOULD BE LOCATED WITHIN AN AREA SURROUNDED BY THE EXISTING HOUSE COVERED OUTDOOR AREA AND STORAGE BUILDING, WITH MINIMAL EXPANSION INTO THE REAR YARD.
THANK YOU. ANY MEMBERS OF THE BOARD HAVE QUESTIONS OF BETH BEFORE I BRING THE APPLICANT UP? OKAY. KELLY'S SON, WOULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? MY NAME IS CLAYTON HARTWIG AND I LIVE AT 3406 BROWN ROAD.
I ASSUME THIS IS AN ALL ALL BIRD CAGE STRUCTURE RIGHT NOW? YES, SIR. AND THEY'RE LEAVING THE SIDES. THE SIDES WILL STAY THE SAME.
OKAY. YOU'RE JUST PUTTING ON A NEW ROOF. THEY'RE PUTTING ON A ROOF TO HELP WITH THEIR HEALTH. YEAH.
PRETTY SIMPLE. I KNOW I'VE NEVER SEEN SO MANY HOMEOWNERS SAYING.
YEAH. SORRY. WELL, THAT'S ALL RIGHT WITH US. ALL THE LETTERS DID A GOOD JOB OF THAT.
THERE WAS A BUNCH OF THEM. Y'ALL GOT ANY QUESTIONS OF MR. HERBERT? NO. THANK YOU VERY MUCH, SIR. HAVE A SEAT.
SO Y'ALL HAVE QUESTIONS FOR MR. HARTWIG OR QUESTIONS FROM STAFF? YOU GOT ANYBODY GOT A MOTION THEY WANT TO THROW OUT THERE? I JUST HAVE A COMMENT.
JUST. I DID THE MATH AND IT RAISES 30% TO 33.3.
YEAH. IN CASE ANYBODY WANTED TO KNOW. YEAH, YEAH YEAH.
AND THE WAY, THE WAY IT'S A 987 SOUNDED LIKE A LOT.
YEAH. PROBABLY NOT, PROBABLY NOT. AND YOU CAN, YOU CAN ONLY SEE IT FROM THE WATER.
YEAH. I WOULD MOVE APPROVAL, MAKE A MOTION TO MOVE APPROVAL.
OKAY. I STILL HAVE A SECOND, A SECOND, YOU A SECOND.
OKAY. THANK YOU. GEORGE, WE HAVE A MOTION AND A SECOND FOR APPROVAL OF BOA 26-0004.
ALL IN FAVOR, SAY AYE. AYE AYE. PASSES FIVE ZERO.
SEEING NO PUBLIC, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO US.
MISS STAFF, DO WE HAVE A MEETING NEXT MONTH OR DO WE KNOW YET? YOU GAVE US FOUR MONTHS OFF, SO NOW YOU'RE GOING TO START HITTING US. WELL, WE'RE FULL HOUSE NOW.
WE GOT TO PUT GEORGE TO WORK HERE SO THAT EARN HIS MONEY THAT THEY'RE PAYING HIM.
YEAH, EXACTLY. SO, OKAY, WE'LL GIVE YOU A RAISE.
OKAY. IF WE MAKE YOU. YEAH, WE'LL DOUBLE YOUR SALARY.
WELL, I GET PAID THE SAME THING I DID 25 YEARS AGO.
I'VE BEEN DOING IT THAT LONG. I THINK I'VE BEEN HERE 25 YEARS.
WOW. THAT'S I, I THINK IT I THINK I WAS CHAIRMAN FOR 25 YEARS.
I, I'VE BEEN ON THIS THING FOR LIKE 30 YEARS.
I SEVERAL TIMES I'VE THREATENED TO QUIT, BUT STAFF KNOW I WAS.
[00:45:03]
OKAY. WITH THAT. I WILL CLOSE THE MEETING.* This transcript was compiled from uncorrected Closed Captioning.