[00:00:01]
[1. CALL TO ORDER AND ROLL CALL]
DONNA, CAN YOU START US OFF WITH A ROLL CALL, PLEASE? SO FIRST I'LL JUST OPEN UP, THIS IS PUBLIC HEARING APP 23-0002, APPEAL OF THE COMMUNITY DEVELOPMENT[2. PUBLIC HEARING - APP23-0002]
BOARD CDB DECISION FOR ZVAR 23-0016 WHICH IS 11110 SCHEIDEL COURT.ITEM 2A, CITY ATTORNEY, WOULD YOU START US OFF WITH PROCEDURAL REMINDERS? SURE. GOOD EVENING, JASON GABRIEL, CITY ATTORNEY.
AMIN IS GOING TO GET UP HERE IN A MINUTE AND KIND OF WALK YOU THROUGH WHAT THE ACTUAL REQUEST IS.
UM, BUT THIS IS A DE NOVO HEARING, WHICH MEANS YOU CAN HEAR EVERYTHING FROM THE BEGINNING.
THIS IS A QUASI JUDICIAL PROCEEDING, AND THAT MEANS TWO BASIC THINGS.
ONE, THE DECISION SHOULD BE MADE ON SUBSTANTIAL, COMPETENT EVIDENCE.
AND WHAT THAT MEANS IS THE DECISION SHOULD BE MADE ON, SUPPORTED BY FACT BASED TESTIMONY OR EXPERT TESTIMONY, NOT GENERALIZED CONCERNS OR OPINIONS.
THAT'S NUMBER ONE, SO YOU BASED ON SUBSTANTIAL COMMENT AND EVIDENCE.
AND NUMBER TWO, AND WE'RE GOING TO GET INTO THIS ON THE AGENDA IN A MOMENT.
YOU'RE TO DISCLOSE ANY EX PARTE COMMUNICATIONS.
SO IF YOU'VE HAD ANY DISCUSSIONS WITH NOT JUST THE APPLICANT, BUT EVEN, YOU KNOW, PEOPLE THAT LIVE IN THE AREA OR ANYONE WHO'S WHO'S SPOKEN TO YOU ABOUT THIS PARTICULAR ITEM THAT SHOULD BE DISCLOSED.
IT SHOULD BE STATED AS TO WHEN YOU SPOKE TO THE PERSON WHO YOU SPOKE TO.
AND JUST VERY, VERY BRIEFLY, WHAT YOU SPOKE ABOUT.
I'M OBVIOUSLY AVAILABLE FOR ANY OTHER QUESTIONS YOU MIGHT HAVE.
THERE'LL BE A THE TYPICAL PROTOCOL FOR THIS IS THAT AFTER YOU GUYS GO AROUND THE DAIS AND DECLARE ANY EX PARTE COMMUNICATION, STAFF WILL GET UP AND DO THE STAFF REPORT AND WALK YOU THROUGH WHAT THE RELIEF REQUESTS WERE AND THE FACTS RELATED TO THAT.
THEN THE APPLICANT TYPICALLY GETS AN OPPORTUNITY TO GET UP AND EXPLAIN THEIR CASE.
AND THEN WE BRING IT BACK TO THE COMMISSION FOR CONSIDERATION.
SO WITH THAT, I'LL TURN IT BACK OVER TO YOU, MAYOR.
FOR THE NEXT TEN MINUTES, I'M GOING TO BE BLIND.
SO I'M NOT SURE WHAT I'M READING ON THIS PAGE, BUT I'LL DO MY BEST.
UM, SO, COMMISSIONERS, DO WE HAVE ANY EX PARTE COMMUNICATIONS? NO, NO, NO, NO, I HAVE NONE.
TWO C IS WILL SWEAR IN ANY PERSONS WHO WILL SPEAK.
DONNA, WHO IS SPEAKING? I DON'T HAVE ANY FORMS, MAYOR, BUT I BELIEVE ANYBODY THAT IS GOING TO BE SPEAKING AND PROVIDING TESTIMONY NEEDS TO BE SWORN IN.
SO THERE ARE SOME PEOPLE WHO JUST JOINED US.
WE'RE GOING TO GO INTO PUBLIC.
WELL, WE'LL HEAR FROM THE APPLICANT, I'M SURE, BUT PUBLIC COMMENT AS WELL.
SO IF YOU'RE GOING TO SPEAK, YOU'LL NEED TO RAISE YOUR HAND NOW SO THAT WE CAN SWEAR YOU IN.
SO I'D HAVE ANYONE WHO'S GOING TO SPEAK.
STAND UP AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO TELL THE WHOLE TRUTH, THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? THANK YOU ALL. OKAY.
DOCUMENTATION AND PRESENTATION.
HI. GOOD EVENING, AMANDA ASKEW, THE DIRECTOR OF PLANNING, COMMUNITY DEVELOPMENT AND BUILDING.
I HAVE A POWERPOINT, SO LET ME GRAB THAT REAL QUICK.
OKAY. SO WE KNOW THAT IT'S APPEAL 23-002.
IT IS APPEAL FROM THE COMMUNITY DEVELOPMENT BOARD DECISION BACK IN THE SUMMER TIME.
THEY WERE SEEKING THE APPLICANTS WERE SEEKING A VARIANCE TO 24- OOPS SORRY.
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AND TO SECTION 2468, WHICH IS THE REQUIREMENT FOR ON SITE STORMWATER DETENTION.LET'S SEE IF WE CAN GET IT TO GO.
OH, THEY WENT A LITTLE FAST THERE.
SO THIS PROPERTY IS A COMMUNITY LOCATED ON THE EAST SIDE OF MAYPORT ROAD.
A LOT OF US DON'T EVEN KNOW IT'S BACK THERE.
THIS PROPERTY WAS DEVELOPED IN 2006 BY A HABITAT.
IT IS ZONED RESIDENTIAL GENERAL MULTIFAMILY.
AT THE TIME IT WAS DEVELOPED, ALL OF THIS DID MEET ALL OF OUR ZONING CODES.
THE LOTS TODAY, BECAUSE THEY ARE TOWNHOMES, ARE SMALL.
IT'S 27.5FT WIDE BY 74.34FT DEEP.
THE BACKGROUND, AS YOU KNOW, THE COMMUNITY DEVELOPMENT BOARD DID NOT APPROVE THE VARIANCE REQUESTS.
THEY FOUND THAT IT DID NOT MEET ANY OF THE CRITERIA SET FORTH IN THE CODE 2465 C.
AND AS THE CITY ATTORNEY STATED, IT'S DE NOVO.
SO THAT MEANS WE'RE STARTING FROM THE BEGINNING.
IT'S KIND OF LIKE AS IF THE HEARING HAS NOT OCCURRED AT ALL.
THE CODE ALSO SAYS THE APPLICANT MUST INDICATE THAT THE DECISIONS OF THE COMMUNITY DEVELOPMENT BOARD BEING APPEALED IS IN CONFLICT WITH, OR IN VIOLATION OF CHAPTER 24. THE APPLICANT HAS STATED ON THEIR APPEAL APPLICATION THAT THE VARIANCE DENIAL FOR A PERGOLA WAS IN REGARDS TO THE HARDSHIP.
A LITTLE BIT OF BACKGROUND INFORMATION ON THIS.
THE APPLICANTS PURCHASED THIS PROPERTY IN JANUARY OF 2022 WITH UNPERMITTED WORK ON THE EXISTING LOT.
THIS IS A PICTURE OF THE COVERED PORCH PATIO IN THE REAR OF THE HOME.
WE DIDN'T HAVE ANY BUILDING PERMITS.
WE WERE MADE AWARE OF THIS WHEN A NEIGHBOR CAME IN AND WANTED TO DO SOMETHING SIMILAR, AND WE HAD TO TELL THE NEIGHBOR THAT THAT DIDN'T MEET SETBACKS AND IT WAS OVER ON LOT COVERAGE. SO THAT'S HOW IT CAME INTO OUR KNOWLEDGE FOR THIS PROPERTY.
UM, THE AERIAL IMAGES SHOW THAT THE PROPERTY WAS COMPLETED OR THIS WAS BUILT IN 2021.
THERE IS AN UNPERMITTED PORCH IN THE REAR, AND THEN PATIO PAVERS OR PAVERS WERE ADDED TO THE FRONT DRIVEWAY AND ALONG THE SIDE OF THE HOUSE. UM, SEE? HERE'S A SURVEY THAT WAS ORIGINALLY WHEN THE SUBDIVISION WAS DEVELOPED IN 2006.
THIS IS THE SOUTHERN HALF OF A TOWNHOME.
SO THIS IS THE ACTUAL BUILDING ITSELF.
THE CODE SAID 50%, BUT UNDER OUR EXISTING REGULATIONS, THEY WOULD BE GRANDFATHERED IN AT 51%.
THE RED THE AREA IS SHOWN IN RED ARE THE AREAS THAT WERE ADDED WITHOUT A PERMIT.
THERE WAS A DRIVEWAY EXTENSION FOR THE PAVERS IN THE FRONT, AND THEN PAVERS FROM THE DRIVEWAY DOWN THE SIDE SOUTH SIDE OF THE HOUSE TO CONNECT TO THIS COVERED PORCH OR PERGOLA. IN THE REAR.
AS I INDICATED, THEY ARE SEEKING SEVERAL DIFFERENT VARIANCES.
IT'S AFTER THE FACT FOR THESE EXISTING CONDITIONS.
THE ZONING DISTRICT REQUIRES A 20 FOOT REAR YARD SETBACK.
THE CURRENT COVERED PORCH IS 3.8FT FROM THE REAR YARD.
THIS. THE ZONING DISTRICT ALSO REQUIRES 7.5FT SIDE YARDS FOR BOTH SIDE YARDS.
THE SOUTH SIDE YARD IS FIVE FEET, AND THEN THE NORTH SIDE YARD IS 5.5FT.
THE APPLICANT IS ALSO NEEDING TO SEEK A VARIANCE FOR IMPERVIOUS SURFACE AREA.
THEY ARE JUST UNDER 76% LOT COVERAGE.
THEY ALSO NEED A VARIANCE FROM THE ON SITE STORMWATER REQUIREMENTS.
THE SECTION OF THE CODE IS 2468 B.
THIS DOES REQUIRE ANYTHING OVER 250FT² TO PROVIDE THAT ON SITE STORMWATER.
SO THERE IS NOT THAT ON SITE STORMWATER.
THEY THEY ADDED 495FT OF COVERED PORCH IN THE REAR AND PAVERS ON THERE.
THE COMMUNITY DEVELOPMENT BOARD DID HAVE A LOT OF DEBATE ON THIS.
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TYPE OF BUILDING REQUIREMENTS.AND THAT'S JUST A ZOOMED UP, ZOOMED IN PICTURE OF THE PORCH, THE GROUNDS FOR THE APPROVAL.
AGAIN, THE COMMUNITY DEVELOPMENT BOARD DENIED THE VARIANCE, FINDING THAT THE REQUIREMENTS DID NOT MEET THE GROUNDS UNDER 2465 C, THESE ARE IN THE CODE, AND THIS IS WHAT THE COMMUNITY DEVELOPMENT BOARD USES TO EVALUATE VARIANCES.
NUMBER ONE, EXCEPTIONAL TOPOGRAPHIC CONDITIONS OF OR NEAR THE PROPERTY.
NUMBER FIVE, A REGULAR SHAPE OF THE PROPERTY WARRANTING SPECIAL CONSIDERATION AND NUMBER SIX SUBSTANDARD SIZE OF LOT OF RECORD WARRANTING A VARIANCE IN ORDER TO PROVIDE FOR REASONABLE USE OF THE PROPERTY.
SO THOSE ARE THE GROUNDS THAT YOU WOULD USE AS WELL.
WHEN YOU MAKE YOUR DECISION, YOU WOULD BASE IT ON THOSE SIX CRITERIA FOUND IN THE CODE.
AND THAT CONCLUDES MY PRESENTATION.
MR. KILLINGSWORTH, DO WE HAVE OTHER TESTIMONY OR OTHER MAYOR, CAN WE ASK A QUESTION, OR IS THAT LATER? YES, YOU CERTAINLY CAN, AMANDA.
AND WHEN YOU PURCHASE THE PROPERTY, SAY, IN 2022, RIGHT.
BUT I'M GOING TO ASK YOU, HOW WOULD YOU KNOW THAT WHAT YOU BOUGHT WAS NOT, YOU KNOW, IN WITHIN CODE.
WELL, TYPICALLY THE SELLER SHOULD DISCLOSE THAT THEY HAVE DONE WORK WITHOUT A PERMIT.
THAT'S HIGHLY UNLIKELY, THOUGH.
I'M SAYING I'M PROBABLY NOT DOING THAT, BUT THEY'RE PROBABLY NOT DOING THAT.
NO, BUT IT WOULD NOT SHOW UP IN A LIEN LETTER SEARCH DOCUMENT.
NO, WE DO HAVE SOME REALTORS THAT WILL CALL US AND ASK, YOU KNOW, THIS POOL WAS PUT IN, WAS IT PUT IN WITH A PERMIT? BUT UNLESS YOU KNOW TO ASK, YOU DON'T ASK.
LAST QUESTION, DO WE KNOW, YOU KNOW, WAS THE REALTOR FAMILIAR WITH THAT AREA? I KNOW THIS IS A WHAT IF QUESTION FAMILIAR WITH THAT AREA ENOUGH.
BUT WE DON'T KNOW ANY. I DON'T KNOW THAT.
YES, COMMISSIONER. SO DOES THIS PROPERTY.
HOW CLOSE IS THIS? DOES THIS PROPERTY DRAIN INTO ONE OF OUR PROBLEM AREAS? YES, IT IS IN THE DRAINAGE BASIN OVER NEAR AQUATIC AREA SO THAT THE WATER RETENTION COULD BE AN ISSUE. YES, IT COULD, BECAUSE THAT'S ALREADY A SYSTEM THAT'S OVERWHELMED.
OTHER QUESTIONS COMMISSIONERS.
AMANDA. I BELIEVE THE APPLICANT IS HERE.
OKAY. WE CAN GO AHEAD AND PROCEED TO HEAR FROM THE APPLICANT.
OKAY. VERY EXCITED TO GET A RESOLUTION TO THIS TODAY.
THIS HAS BEEN A YEAR AND A HALF PROCESS WITH US.
CANNOT EMPHASIZE ENOUGH HOW STRESSFUL THIS HAS BEEN FOR NEW HOMEBUYERS.
UM, LET ME TAKE YOU TAKE YOU BACK TO THE BEGINNING A LITTLE BIT.
SO WE SAVED UP, BOUGHT OUR FIRST HOME IN ATLANTIC BEACH.
ALWAYS BEEN OUR DREAM TO LIVE OUT HERE.
WE PARTICULARLY FELL IN LOVE WITH THE PERGOLA.
WE HANG OUT THERE EVERY NIGHT, PROBABLY GRILL WHATEVER.
SO ONE OF THE MAIN REASONS WE BOUGHT THIS HOME WAS BECAUSE OF THIS AND NO THE SELLER NEAR, SORRY, NOR THE SELLER OR THE LISTING AGENT DISCLOSED THIS INFORMATION AND I HAVE PROOF OF THAT, SO THERE'S NO DEBATE THERE.
IF YOU WANT THOSE DOCUMENTS, I CAN GET THEM TO YOU.
UM, SO YES, SO WE BUY THE PROPERTY.
FAST FORWARD TO SIX MONTHS LATER.
SO CONTACTED THE CITY, LET ME MOVE FORWARD.
THE MINIMUM LOT SIZE IN ATLANTIC BEACH IS 7500FT².
LIKE IF YOU'RE COMPARING US TO THESE HOMES HERE THAT ARE 10,000FT², I MEAN, IT'S APPLES AND ORANGES, OKAY? A 20 YARD SETBACK IN OUR BACKYARD.
BUT WE'LL GET TO THAT IN A LITTLE BIT.
UM, SO WE WE SAY WE CAN SUBMIT OR REQUEST A VARIANCE TO A SUBSTANDARD SIZED LOT.
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THEN COME DAY OF THE HEARING, AMANDA SAYS TECHNICALLY YOU DON'T QUALIFY AS A SUBSTANDARD SIZED LOT, WHICH TO THIS DAY I DON'T UNDERSTAND THAT.ANYONE ELSE KNOWS WHY, I'D LOVE TO GET TO THAT.
WE HAVE A 2000 SQUARE FOOT LOT.
THE MINIMUM LOT SIZE IN ATLANTIC BEACH IS 7500.
UM, GOING BACK TO THE NEIGHBOR WHO REQUESTED SOMETHING SIMILAR.
UM, WELL, ACTUALLY, I'LL GET TO THAT IN A SECOND.
THE BIGGEST POINT I WANT TO MAKE HERE IS THIS THING IS NOT CAUSING ANY ENVIRONMENTAL DAMAGE.
IT'S ALREADY BEEN BUILT FOR TWO YEARS.
THERE'S BEEN NO COMPLAINTS FROM SURROUNDING NEIGHBORS OF DRAINAGE OR FLOODING.
WE DON'T EVEN LIVE IN A FLOOD ZONE.
BASED OFF OUR INSURANCE AND THE CITY OF ATLANTIC BEACH ZONING.
WE ARE A HURRICANE. YEAH, WE'VE BEEN THROUGH HURRICANES.
WE DON'T LIVE IN A FLOOD ZONE.
IT'S CAUSING NO DAMAGE TO SURROUNDING NEIGHBORS.
IT DOES. IT'S A BEAUTIFUL STRUCTURE.
WE LOVE IT. UM, BUT YEAH, I THINK THOSE ARE ALL SUPER SERIOUS THINGS TO TAKE INTO ACCOUNT HERE.
IT'S ALREADY BUILT FOR TWO YEARS AND IT'S NOT CAUSED ANY ISSUES FOR ANYONE.
NO YOU DON'T. IT'S A CASE BY CASE ANALYSIS.
EVERY CASE HAS SPECIAL CIRCUMSTANCES.
OBVIOUSLY, WE WERE NOT TOLD THIS WAS OUT OF CODE.
IT WOULDN'T HAVE BOUGHT THIS THING IF I KNEW IT WOULD HAVE NOT DEALT WITH THE LAST TWO YEARS.
IF I KNEW THIS WOULD BE THIS MUCH OF A PAIN.
BECAUSE TO ME, AND HONESTLY, THIS IS COMMON SENSE, IT'S A PRETTY HUGE DIFFERENCE.
THESE ARE TWO DIFFERENT CASES.
SO IF THE NEIGHBOR DECIDES TO BUILD IT ANYWAY, THAT'S DESERVES TO BE HANDLED ACCORDINGLY.
UM, THE OTHER BIG THING I WANT TO TALK ABOUT HERE IS WHAT DOES THIS ACHIEVE? I MEAN, THERE'S PEOPLE THIS IS KNOWN NOW IN THIS AREA.
PEOPLE ARE BUYING AND FLIPPING HOMES CONSTANTLY.
SO IF THE CITY FEELS THIS STRONGLY, I THINK IT WOULD IT NOT MAKE MORE SENSE TO GO AFTER THE BAD ACTORS IN THIS SITUATION AND NOT ME? I MEAN, PUNISHING ME DOES NOT SOLVE ANYTHING HERE.
JUST THROWING THAT OUT THERE TOO.
I'M ALREADY PAYING A MORTGAGE ON THIS PROPERTY.
NOT TO ACCOUNT FOR THE PROPERTY TAXES AS WELL.
SO DOES THAT MEAN I GET A NEW APPRAISAL? I DON'T KNOW, I HONESTLY DON'T KNOW THE STEPS THERE.
THAT'S THE WHOLE THING WE'D HAVE TO TAKE ON.
BUT GET A NEW APPRAISAL, REDO MY PROPERTY, GET ONE, I DON'T KNOW.
DO I REDO MY PROPERTY TAXES? I HAVE NO IDEA.
I'VE ALREADY GOTTEN ESTIMATES.
WE'RE TALKING ABOUT 15 $20,000 TO GET RID OF ALL OF THAT AND REBUILD A DECENT PROPERTY.
I MEAN, WE'RE TALKING ABOUT UPWARDS OF $20,000.
LIKE, I DON'T UNDERSTAND THE PROCESS HERE.
I DON'T UNDERSTAND WHAT WE'RE ACHIEVING HERE, TO BE HONEST.
UM, TO ME, THE CITY'S JOB HERE IS TO LOOK OUT FOR THE CITIZENS, OKAY PROTECT THE CITIZENS.
IF MY PROPERTY WAS CAUSING DAMAGE TO THE NEIGHBORS, BY ALL MEANS, IF I'M FLOODING, IF I'M CAUSING FLOODING, OR I'M A WHAT'S THE WORD? UM. UH, IF IT'S JUST AN UGLY STRUCTURE AND IT'S AN EYESORE, IT'S AN EYESORE.
IT'S IT'S LOWERING THE VALUE OF THE NEIGHBORHOOD, I GET IT.
IF MY IF IT'S A BLOCKING THEIR VIEW OF THE ROAD OR SOMETHING, I GET IT.
THIS IS NOT CAUSING ANY OF THOSE THINGS.
THAT NEIGHBOR WANTS TO JUST BUILD SOMETHING SIMILAR WHICH I GET.
AND THAT'S CASE BY CASE ANALYSIS.
HE SHOULD NOT BE ACCOUNTED FOR HERE.
OKAY. AGAIN, I'M NOT ASKING FOR MUCH HERE.
I'M JUST ASKING FOR A VARIANCE.
IT'S JUST TEAR IT DOWN. WHY? WHAT IS THAT? WHAT DOES THAT SOLVE? I DON'T KNOW, UM, OKAY.
SORRY, I KNOW I'M I'M RANTING AT THIS POINT.
I'M SORRY. THIS IS. I'M VERY PASSIONATE ABOUT THIS.
THIS WOULD BE FINANCIALLY DEVASTATING TO SPEND THAT MUCH MONEY WHEN IT'S.
YES, IT WOULD BE PRETTY TOUGH.
SO YOU HAVE THE OPPORTUNITY TODAY TO MAKE MY LIFE SO MUCH EASIER.
I THINK IT'S PRETTY OBVIOUS CHOICE IN MY OPINION, BUT WE'VE ALREADY DENIED ONCE.
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BUT IF YOU GO BACK AND WATCH THAT HEARING, EVERYONE WAS ON BOARD TO APPROVE THAT BESIDES ONE PERSON, AND HE SAID THAT WE TALKED ABOUT, WELL, IF THEY APPROVE HIM, WE HAVE TO PROVE HIM. NO YOU DON'T. TWO SEPARATE CASES.UM, SO ANYWAY, THAT'S MY THAT'S MY SPIEL.
I'M SORRY. UH, THANK YOU FOR YOUR TIME.
HONESTLY, I DON'T KNOW IF YOU WANT IT.
MY MOM WANTS TO SAY SOMETHING.
SHE. SHE NEEDS TO BE SWORN IN.
SORRY. I KNOW YOU'RE A FAMILY AND YOU ALL WANT TO TALK ALL AT ONCE.
WE HAVE ONE PERSON AT A TIME AT THE AT THE PODIUM AND INTO THE SPEAKER.
SANDRA SKAFF. SO, I MEAN, HONESTLY, ALL I WANT TO SAY IS BECAUSE HE'S PRETTY MUCH, YOU KNOW, HIT ALL THE MAIN POINTS IS THAT, YOU KNOW, IN A SITUATION LIKE THIS, I WOULD HOPE YOU WOULD CONSIDER, YOU KNOW, WHAT THEY HAVE TO WHAT THEY ARE GOING TO GO THROUGH, WHAT THEY HAVE BEEN THROUGH, THAT, YOU KNOW, IF IT'S YOUR DAUGHTER OR SON, WHAT WOULD YOU WANT TO HAPPEN HERE? YOU KNOW, WOULD YOU WANT THEM TO MAKE SOME CONCESSIONS BECAUSE THEY'RE WILLING TO DO WHATEVER IT TAKES, LOWER THE FENCE, WHATEVER, YOU KNOW, REMOVE PAVERS.
SO WE CAN AND I WANTED TO SAY ANGELA OR AMANDA, THERE'S NOT THE PICTURES OF THE PERGOLA.
OKAY. BECAUSE I WANT TO SEE HOW BEAUTIFUL THIS PERGOLA IS BECAUSE IT IS.
WELL, THE SOMETHING I MEAN, IT'S SO BEAUTIFUL.
IT'S WHAT MADE THEM PURCHASE THE PROPERTY.
THEY WOULD HAVE NEVER PURCHASED THE PROPERTY IF THEY HAD ANY IDEA IT WAS NOT PERMITTED.
WE'RE THE ONES THAT WE. I KNOW I'M DOING IT.
I MEAN, THEY'VE MADE IT, LIKE PART OF THEIR HOME.
KEEP GOING. THAT'S THE BACKYARD.
ANYWAY, THERE'S. I MEAN, THIS IS HOW BEAUTIFUL IT IS.
I MEAN, IT'S JUST. AND BUT EVEN ASIDE FROM THAT, THE VALUE THEY'RE GOING TO LOSE ON THIS HOME IS GOING TO BE CATASTROPHIC FOR THEM AS FIRST TIME HOME BUYERS.
THANK YOU. IF YOU'LL HOLD ON, SIR.
ARE THERE OTHER QUESTIONS FOR OUR APPLICANTS? I HAVE QUESTION.
APPLICANTS CAN PLEASE COME BACK.
YES. I'M VERY SORRY THAT YOU'RE GOING THROUGH THIS.
THANK YOU. I'M SURE YOU DIDN'T KNOW.
YEAH. UM, DID YOU GET A QUOTE ON HOW MUCH IT WOULD COST TO REMOVE THE PERGOLA? NOT THE FULL QUOTE, BUT JUST TO TAKE UP THE PAVERS, WE WERE LOOKING AT $2,000, SO I'M ASSUMING EVERYTHING ELSE.
YEAH, IT'S GOING TO BE A LOT MORE THAN THAT.
I COULDN'T TELL BASED OFF OF THE PICTURES.
MY SECOND QUESTION IS, IS THE PERGOLA ATTACHED TO YOUR HOME? YES, THAT'S A GREAT QUESTION.
WHAT, UM, WHAT IMPACT WOULD THIS HAVE ON YOUR LOOK RIGHT HERE? SO I WOULD HAVE TO PEEL THIS OUT OF I DON'T KNOW HOW THEY THEY DID THIS, BUT THEY BASICALLY BUILT THIS INTO MY HOME.
SO I WOULD HAVE TO REMOVE THE PERGOLA, BUY NEW VINYL THERE AND SEAL THAT UP.
SO YES, I WOULD HAVE TO AND I DON'T KNOW HOW FAR THAT EVEN GOES.
SO I WAS WONDERING IS THE BEAM, DOES THE BEAM GO STRAIGHT THROUGH YOUR HOME? I DON'T KNOW HOW FAR, THAT'S THE PROBLEM.
SO I KNOW LIKE RIGHT HERE IT SHOWS IT'S BUILT INTO THE HOME BUT THE SIDE BEAMS LIKE HERE.
I DON'T KNOW HOW FAR THOSE GO IN, IF AT ALL, BUT IT IS BUILT INTO MY HOME ALL ALONG.
IT HAS FOUR PILLARS ON EACH SIDE, FOUR PILLARS ON EACH SIDE.
INSPECTION. THE INSPECTION GUY SAID IT WAS BUILT PERFECTLY.
UM, BUT YEAH, THE SELLER NOR THE LISTING AGENT DISCLOSED THAT IT WAS UNPERMITTED, OBVIOUSLY.
AND THAT'S AGAIN WHERE I GO BACK TO THE BAD ACTORS.
AND I HAVE HIS INFORMATION IF THE CITY WOULD LIKE TO GO AFTER HIM, BUT I JUST.
YOU GUYS HAVE LIVED IN THE HOUSE FOR TWO YEARS.
YEAH. Y'ALL PUT THE PAVERS IN.
WE DIDN'T PUT ANY OF THIS. THEY WERE ALREADY THERE.
AND I HAVE PROOF THAT I BOUGHT IT THIS WAY.
I'M ASKING A QUESTION. AND THE PERGOLA WAS ALREADY THERE.
YES, SIR. WE BOUGHT IT AS IS AND HAVE DONE NOTHING TO IT SINCE THAT.
THE ONLY REASON WE BOUGHT IT. AND YOU WERE NOT TOLD ABOUT IMPERMEABILITY.
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YOU WEREN'T TAUGHT ABOUT SETBACKS.I CAN PULL UP THE LISTING, PULL UP THE DOCUMENTS, THE APPRAISAL.
NOWHERE IN ANY OF THESE DOCUMENTS THAT SAY THIS WAS UNPERMITTED, BECAUSE GUESS WHAT? WOULDN'T HAVE.
KNOWING WHAT I KNOW NOW WOULD NOT BE IN THIS SITUATION.
BUT YEAH, IT'S A GOOD QUESTION.
I ASSUME YOU WERE FURNISHED AN OWNER'S TITLE INSURANCE POLICY WHEN YOU WENT TO CLOSING.
AND THAT'S WHERE YOU WOULD LOOK TO SEE WHETHER THE TITLE COMPANY LISTED AN EXCEPTION FOR THE FACT THAT THIS BUILDING, PER THE SURVEY, DID NOT MEET SETBACKS.
I WOULD HAVE. IT'S A GOOD QUESTION.
I UNDERSTAND, AND I'VE ALREADY TALKED TO LAWYERS AS WELL.
BUT THE FIRST THING TO DO IS CHECK YOUR TITLE POLICY.
IF THEY DID NOT LIST THE SETBACKS BEING VIOLATED, THEN YOU HAVE ACTION AGAINST THE TITLE COMPANY.
IF THEY DID, THEN IT WAS BUYER BEWARE AND READ THE DOCUMENT.
WELL SEE, I TALKED TO THE PREVIOUS CITY ATTORNEY FROM BEFORE JASON FOUND HIM SOMEHOW.
WHAT WAS THE I DON'T KNOW, BUT HE TOLD US THAT YOU COULDN'T GO AFTER THE TITLE COMPANY.
YOU WOULD GO AFTER THE SELLER.
SO AGAIN, IT'S A FAIR POINT AND YOU'RE PROBABLY RIGHT.
BUT THIS IS WHERE I'M GETTING THE DIFFERING INFORMATION FROM ALL THESE DIFFERENT PARTIES WHEN AT THE END OF THE DAY, WE'RE TALKING ABOUT TECHNICALITIES HERE THAT COULD JUST BE APPROVED BASED OFF OF THE INFORMATION I'VE PROVIDED.
AND AGAIN, I HAVE THOSE AVENUES, BUT THAT'S JUST A ADDITIONAL YEARS OF FIGHTING AND COURTS THAT I'VE ALREADY BEEN IN COURTS IT'S YEAH, IT IS WORTH IT, WE WOULD HAVE TO.
IT'S GOOD ADVICE, BUT I JUST I'M TRYING TO AVOID THAT AT ALL COSTS.
JUST FOR PURPOSES, THIS IS A QUASI JUDICIAL PROCEEDING.
SO THERE HAS TO BE SOME FORMALITY TO THIS.
OKAY. ANY FURTHER QUESTIONS OF THE APPLICANTS? YES. WHEN WERE YOU GIVEN THE STOP ORDER? UM, I THINK ANGELA WOULD HAVE TO ANSWER OR AMANDA WOULD HAVE TO ANSWER THAT, BUT I THINK IT WAS I WANT TO SAY OCTOBER OF 2022.
SO YOU PURCHASED SIX MONTHS? IT WAS ABOUT SIX MONTHS.
AND THEN IT WASN'T UNTIL THE SUMMER WHEN YOU HEARD FROM THE COMMUNITY DEVELOPMENT BOARD.
YOU HAVE SOUGHT LEGAL COUNSEL FROM THE CITY.
OUR OUR PREVIOUS CITY ATTORNEY WAS A FEMALE.
WHO WAS THE GUY? IT WAS A FEMALE.
SO IT WOULD WOULDN'T IT BE? IT WAS PREVIOUS TO THAT PERSON.
SO I MEAN, I'D HAVE TO GET HIS NAME.
DO YOU HAVE HIS NAME MOM? OKAY, WE'LL HAVE TO GET HIS NAME.
BUT YEAH, FROM THE LAWYERS, WE'VE TALKED TO A FEW NOW AND WE'VE TALKED TO FARAH AND FARAH.
BUT AT THE END OF THE DAY, AGAIN, JUST TAKING IT BACK TO WHAT IT IS TODAY.
WE HAVE A 2000 SQUARE FOOT LOT.
AND YOU'RE HOLDING ME TO THE SAME GUIDELINES AS A 20,000 SQUARE FOOT LOT OVER THERE.
YOU KNOW, IT'S JUST IT DOESN'T GIVE ME REASONABLE USE OF MY PROPERTY.
LIKE, I COULD BARELY FIT A TABLE BACK THERE.
OKAY. HAVE YOU ALREADY, OH, YOU HAVE NOT BEEN SWORN IN? OKAY, GO AHEAD.
AND IF YOU WOULD RESTATE YOUR NAME, PLEASE.
YES, MY NAME IS ROBERT SACHSE.
I'M ACTUALLY THE NEXT DOOR NEIGHBOR TO THEM.
I JUST WANTED TO SAY A COUPLE OF THINGS.
THEY BOUGHT THE PAVERS WERE DEFINITELY ALL THERE.
AND THE PERGOLA OR WHATEVER THEY CALL IT, THAT WAS ALL THERE WHEN THEY BOUGHT IT, THAT'S FOR SURE.
WE'VE BEEN THROUGH, WHAT, THREE, FOUR HURRICANES, TROPICAL STORMS. WE HAVE A HUGE DETENTION POND.
[00:30:04]
SO AS FAR AS I DON'T SEE HOW THAT WOULD BE IMPACTING IN A GREAT WAY AS FAR AS WATERSHED.UM, BASICALLY, THOSE ARE MY TWO POINTS.
I SEE ANOTHER HAND IN THE BACK.
AND I BELIEVE YOU ALREADY RAISED YOUR HAND FOR THE SWEARING IN.
THOMAS. I'M HERE ON MY MY DAUGHTER, LATASHA SMITH.
WELL 2015, I ASKED TO BUILD SOMETHING SIMILAR TO WHAT HE HAD, BUT THEY TOLD ME I CAN'T DO IT. THE QUESTION THAT YOU ASKED HIM ABOUT, WAS IT TIED INTO THE I AM A CONTRACTOR.
AND, CAN I TALK? YEAH I'M SORRY. AGAIN, ONE SPEAKER AT A TIME, INTO THE MICROPHONE AND ANYONE IN THE AUDIENCE, WE CAN'T HAVE BACKGROUND CHATTER.
IT'S ONLY IN FAIRNESS TO THE PERSON SPEAKING.
AND WHEN I WANT TO BUILD SOMETHING.
AND WHEN I BUILD, I BUILD BY THE CODE.
YOU DON'T TAKE SIX BY SIX AND SANK THEM IN THE GROUND WITH CONCRETE.
SPEED, 22.5 TO ANCHOR THEM DOWN.
BUT I DON'T WANT HIM TO TEAR IT DOWN.
IT'S NICE, BUT I WANT TO BE ABLE TO BUILD SOMETHING LIKE I WAS TURNED DOWN IN 2015.
AND I WAS TURNED DOWN AND THEY SAID I COULDN'T DO IT.
NOT ENOUGH SETBACK, NOT ENOUGH DRAIN, IT MIGHT DRAIN INTO [INAUDIBLE] GARDEN.
SO I JUST LOVE FOR HIM TO KEEP IT.
BUT I WANT TO BUILD SOMETHING FOR MY DAUGHTER, BUT IT WILL BE BY THE CODE AND ENGINEERED.
I DO HAVE QUESTIONS. NOT FOR MR. THOMAS, BUT I REALLY APPRECIATE YOUR EXPERTISE IN CARPENTRY.
BUT I DO HAVE QUESTIONS FOR AMANDA REGARDING WHAT THOMAS JUST MENTIONED.
THANK YOU. OKAY, AMANDA, ASK YOU AGAIN JUST TO CLARIFY, IF THEY ARE APPROVED TONIGHT, THEY WOULD STILL HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS.
SO THERE WERE NO BUILDING PERMITS ISSUED.
THEY INDICATED THAT THEY HAD AN INSPECTOR GUY LOOK AT IT.
MY GUESS IS THAT WAS A HOME INSPECTOR.
IT WAS NOT ONE OF OUR INSPECTORS.
WE DON'T SEND THEM OUT UNLESS YOU HAVE AN ACTIVE BUILDING PERMIT.
EVEN IF IT WAS APPROVED, THAT OUR INSPECTION, IT WOULDN'T MEET HURRICANE RESTRICTIONS.
SO MR. THOMAS WAS SHARING FROM HIS EXPERT OPINION OF BEING A CARPENTER.
RIGHT. WE WOULD MAKE SURE THAT IT MET ALL OF THE FLORIDA BUILDING CODES.
UM, YOU KNOW, WE'RE LOOKING AT ONE OF THESE SIX CRITERION.
AND WE NEED TO HAVE ONE OF THEM TO, UH, TO PROVE THIS.
CAN YOU COMMENT ON NUMBER SIX? IS THIS A SUB STANDARD SIZE OF A LOT OF RECORD WARRANTING A VARIANCE TO PROVIDE THE REASONABLE USE OF THE PROPERTY? IS THIS A SUB STANDARD SIZE OF A LOT? IN THE CODE SECTION 24108, WHICH IS THE ZONING DISTRICT RESIDENTIAL MULTIFAMILY SUBSECTION D, PAREN FOUR, UM, LET ME GET THERE ON MINE.
UM, SO IT THIS WAS DEFINITELY LEGAL FIGHT LEGAL LEGALIZED.
IT SAYS NOTWITHSTANDING SUBSECTIONS ONE, TWO AND THREE, THE FINAL LOT SIZE FOR THE PROPOSED NEW TOWNHOME DEVELOPMENT MAY BE LESS PER UNIT, SUBJECT TO DENSITY COMPLIANCE WITH ARTICLE FOUR SUBDIVISION REGULATIONS.
AND 24-88 PROVIDED THE PARENT TRACK MEETS THE REQUIREMENTS OF SUBSECTIONS ONE, TWO, AND THREE, AND SUBSECTIONS ONE, TWO, AND THREE DO TALK ABOUT THAT MINIMUM LOT SIZE OF 7500.
SO BACK IN 2006 WHEN THIS WAS DEVELOPED, THE LARGER TRACT MET THAT MINIMUM LOT SIZE.
AND THEN THE ZONING CODE ALLOWS YOU BASED ON DENSITY.
AND THIS IS RESIDENTIAL HIGH DENSITY.
SO YOU CAN GET UP TO 14 UNITS PER ACRE.
THEY'RE ALLOWED YOU TO SUBDIVIDE AND CREATE THOSE TOWNHOMES.
[00:35:01]
SO WHEN IT WAS CONSTRUCTED IT MET ALL ASPECTS OF THE ZONING CODE.YES, IT IS A SMALLER LOT, BUT THAT'S AFFORDED TO YOU WITH A TOWNHOME TYPE DEVELOPMENT.
NUMBER FOUR, ONEROUS EFFECT OF REGULATIONS ENACTED AFTER DEVELOPMENT OF THE PROPERTY.
AND THESE REGULATIONS WERE INTACT WHEN THE PROPERTY WAS DEVELOPED.
COMMISSIONER RING. COMMISSIONER RING GO AHEAD.
YES. AND IT JUST FELL OUT OF MY HEAD.
RIGHT. WE HAVE SO THERE ARE A COUPLE.
YES. WE ARE LOOKING AT LOT COVERAGE AS A RESULT OF THE COVERED PORCH, THE REAR YARD SETBACK, BECAUSE THEY DON'T MEET THE 20FT AND THE SIDE YARD SETBACK AS WELL, AND THE ON SITE STORMWATER, THEY DID NOT APPLY FOR A FENCE VARIANCE.
I THINK THEY HAD CONVERSATIONS EARLIER AND SAID THAT THEY WOULD BRING THE FENCE INTO COMPLIANCE.
SO THAT'S NOT PART OF THIS APPLICATION.
SO THEY'LL BE ABLE TO FIX THE FENCE.
BUT WE'RE LOOKING AT AND YOU HAD A SLIDE.
SO WE'RE LOOKING AT THE REAR SETBACK.
CAN'T BUILD WITHIN THAT 20FT FROM THE BACK END.
YES. THAT'S WHAT THE SURVEY SAID.
HOW BIG IS THEIR SIDE YARD? SO THEY HAVE ON THEIR EXISTING SIDE YARD TO THE SOUTH.
AND I CAN SHOW YOU ON THE SURVEY I THINK IT'S A SEVEN AND A HALF.
YES. IT'S 7.4FT TODAY ON THIS SIDE YARD.
SO THIS AGAIN THIS IS A TOWNHOME.
SO THERE'S NO SIDE YARD SETBACK FOR THE MAIN STRUCTURE HERE.
THE PORCH THAT WAS ADDED RIGHT HERE IS ONLY FIVE FEET FROM THE PROPERTY LINE.
THE COVERED PORCH IS BACK HERE.
OH, HOW WILL THEY FIX THE IN ORDER TO GET INTO COMPLIANCE? WILL THEY HAVE THAT STORMWATER DRAINAGE THAT YOU WERE MENTIONING? HE MENTIONED A FRENCH DRAIN FIXING IT.
SO THERE COULD BE DIFFERENT VARIATIONS OF THE VARIANCE IF IT IS APPROVED.
THAT WOULD PROBABLY BE VERY DIFFICULT TO DO.
MORE THAN LIKELY, THE WAY TO DO IT WOULD BE EXTREMELY EXPENSIVE WOULD BE TO PUT IT UNDERGROUND UNDERNEATH THEIR DRIVEWAY, BECAUSE I'M LOOKING AT THEIR LOT AND THEY DON'T HAVE MUCH ON THE SIDE OR THE FRONT TO PUT IN A STORMWATER DRAINAGE OF ANY KIND TO MAKE UP FOR.
OKAY. THANK YOU. COMMISSIONER.
YEAH I WAS GOING TO INQUIRE ABOUT THE, THE THE WATER RETENTION AS WELL.
SO EVEN WITH THE SIZE OF THE LOT IT HAS IN 2006, DID THEY HAVE TO RETAIN.
THEY DIDN'T. SO THE CODE NOW IS WRITTEN IF YOU MET THE CODE AT THE TIME AND YOU'RE ADDING MORE THAN 250FT², IN THIS CASE THEY'RE ADDING JUST SHY OF 500.
YOU ONLY HAVE TO PROVIDE STORMWATER FOR THE NEW PORTION.
SO AROUND 500FT² OF IMPERVIOUS SURFACE AREA MEAN LOT COVERAGE THAT THEY HAVE TO PROVIDE FOR STORMWATER. SO NOT THE ENTIRE PROPERTY, BUT JUST 500FT².
AND THE HEIGHT OF THE PERGOLA IS NOT AN ISSUE? NO IT'S NOT. OKAY.
UM, STAY WITH US FOR A SECOND.
I'D LIKE TO ASK A QUESTION OF COUNSEL.
CAN YOU GIVE US YOUR OPINION AS TO THE IMPACT ON PRECEDENT AND HOW IT WOULD RELATE TO FUTURE ACTIONS, ESPECIALLY IN LIGHT OF THE REQUEST FROM THE GENTLEMAN IN THE REAR? UH, TO THE CHAIR AND THE COMMISSION.
EACH PROPERTY IS ITS OWN CIRCUMSTANCE, AND EACH PROPERTY HAS ITS OWN VARIABLES.
SO, LEGALLY SPEAKING, THERE IS NO PRECEDENT SETTING, REGARDLESS OF WHAT YOU DO.
IF YOU APPROVED IT, YOU'RE APPROVING IT ON A VARIETY OF CIRCUMSTANCES RELATED TO THIS PROPERTY.
BUT I CAN'T GUARANTEE THAT SOMEONE WON'T COMPLAIN THAT, OH, YOU DID IT FOR THEM, DO IT FOR US.
[00:40:04]
BUT THAT WOULD BE A GENERALIZED COMPLAINT.OKAY. THANK YOU. AMANDA. SO IS THERE ANY RECOURSE FOR MR. THOMAS? DOES SHE HAVE THIS? I MEAN, ASSUMING SHE HAS THE SAME SIZE LOT? YES. THE MAJORITY OF THE PROPERTIES IN THERE WITHIN A FOOT OR TWO, SAME SIZE.
THE WIDTHS JUST VARY SLIGHTLY.
THE ONLY WAY FOR SOMEONE TO BUILD INTO THAT SETBACK WOULD BE TO SEEK A VARIANCE.
WHAT I WOULD SUGGEST IS IT'S CERTAINLY FINE TO BRING THEM BACK UP FOR REBUTTAL.
ANY OTHER PUBLIC COMMENT, ANY OTHER, YOU KNOW, SPEAKER THAT HASN'T SPOKEN YET? PERHAPS. I THINK WE'RE GOOD, BUT IS THERE ANY OTHER PUBLIC COMMENT? HEARING NONE. GO AHEAD SIR.
MY BIGGEST QUESTION WITH THE SUBSTANDARD SIZED LAW ISSUE IS IN ONE BREATH YOU'RE SAYING I'M NOT A SUBSTANDARD SIZED LOT, BUT THE LOT I PURCHASED IS 2000FT².
SO SHOULDN'T I BE A GRANDFATHERED IN TO THE PARENT LOT WHEN IT COMES TO IMPERVIOUS SURFACE CALCULATIONS? AM I TECHNICALLY ACTUALLY VERY UNDERNEATH MY LOT COVERAGE? BECAUSE THAT'S THE QUESTION. AND ALL OF THIS I DON'T.
DO YOU SEEM LIKE YOU HAVE SOME? NO, BECAUSE SHE SAID YOU'RE AT 76%.
RIGHT. BUT THE BIGGER LOT BUILT IT WAS 50%.
BUT THE BIGGER LOT I'M A PART OF IS WAY BIGGER THAN MY BUSINESS.
THAT WORKS. OKAY, I'M JUST, I'M ASKING QUESTIONS.
UM, AGAIN, THE CASE BY CASE ANALYSIS.
THE NEIGHBOR WANTS A VARIANCE AS WELL.
HE NEEDS TO GO THROUGH THE APPROVAL TO GAIN A VARIANCE.
THAT DOESN'T SHOULDN'T BE CONVERSATION, IF YOU'RE ASKING ME, THAT'S A TOTALLY DIFFERENT CASE.
HE WANTS SOMETHING SIMILAR, SEEK A VARIANCE AND PROVIDE YOUR CASE.
I AM IN A TERRIBLE SITUATION, I ADMIT THAT.
THIS IS, I DON'T WISH THIS ON YOU GUYS EITHER, TO BE HERE TO LISTEN TO THIS, BUT IT IS WHAT IT IS.
I BOUGHT THIS FIRST TIME HOME BUYER.
I DIDN'T DO THIS TO TRY AND GET THE CITY OR I'M AGAINST THE GOVERNMENT.
I'M JUST TRYING TO LIVE MY LIFE HERE.
IT'S BEEN ALL AERIAL SHOTS AND OUTSIDE PICTURES.
WE MIGHT DO AN INSPECTION, IT MIGHT BE GREAT.
IT MIGHT BE A PERFECTLY BUILT STRUCTURE.
ANY FINAL COMMENTS? OKAY, THEN COMMISSION, WE NEED TO DELIBERATE.
LET'S SEE. DO WE HAVE WE GOT THAT.
OKAY. SO WE'LL WE'LL GO TO ITEM TWO H, COMMISSION DELIBERATION AND ACTION.
I THINK THE CODE IS PRETTY CLEAR IN 24,108 AND 2468 FOR ME, THAT'S ALL I HAVE.
COMMISSIONER KELLY, YOU'RE NOT ASKING FOR ONE VARIANCE, YOU'RE ASKING FOR SIX, WHICH IS A LOT.
YOU WHAT, YOUR SIDE SET BACK, BACK SET BACK, COVERAGE, ALL THOSE THINGS ARE EACH INDIVIDUAL OF THEM IS A VARIANCE THAT WE HAVE TO LOOK AT.
UM. IT IS A BUYER BEWARE STORY.
AND UNFORTUNATELY, IF WE APPROVE THIS, EVEN IF I APPROVED THIS, I FEEL FOR MR. THOMAS. I FEEL FOR YOUR WHOLE LOT.
AND I KNOW THAT IT FEELS THAT WE ARE PUNISHING YOU.
AND THAT'S THE WAY THE LAW IS.
AND UNFORTUNATELY IT FALLS ON THE OWNER NOW AND NOT THE OWNER BEFORE.
SO YOUR OPTION FROM THERE COULD BE TO SEEK LEGAL COUNSEL ON YOUR PREVIOUS OWNERS.
[00:45:02]
THANK YOU, COMMISSIONER. COMMISSIONER WATERS.SAT ON THESE CDB MEETINGS FOR THREE YEARS NOW.
LOOK AT THESE SIX CRITERION AND IF WE CAN JUST GET ONE.
MIC] HE CALLED EXCEPTIONAL TOPOGRAPHIC CONDITIONS.
BUT WE'VE LOOKED AT THIS AND I'VE LOOKED AT IT.
I JUST CANNOT FIND A WAY TO PROVE IT.
COMMISSIONER, I HAVE ONE FINAL QUESTION FOR AMANDA.
I DON'T KNOW WHAT THE NORMAL AMOUNT OF TIME WE MIGHT GIVE AN APPLICANT TO REMEDY A SITUATION, BUT ASSUMING THIS IS NOT APPROVED, DO WE HAVE SOME LATITUDE TO GIVE THEM ENOUGH TIME? BECAUSE I REALLY BELIEVE THEY HAVE LEGAL ACTION AGAINST MAYBE MULTIPLE ENTITIES.
AMANDA. AND THEY WOULD HAVE TO REMOVE THE PORCH.
IT'S NOT JUST IT'S THE REMOVING OF THE PORCH AND REMOVING OF ALL THE OF THE PAVERS.
WOULD IT BE ALL OF THEM? YES, UNFORTUNATELY.
BUT YES, YOU CANNOT ASK FOR THE SAME VARIANCE WITHIN A 365 DAYS.
I'M SORRY. PUBLIC COMMENT IS ALREADY CLOSED.
SO IS ANYBODY IN FAVOR OF ALLOWING THE PERGOLA AND REMOVING THE PAVERS AND INSTALLING WATER RETENTION? ANYONE? WELL, I WONDERED IF THAT WAS EVEN A POSSIBILITY, SO I WAS JUST THINKING ABOUT WHAT THAT WOULD EVEN LOOK LIKE FOR YOUR, YOU KNOW, YOUR BACK PORCH, IF IT WOULD BE GRAVEL WITH, YOU KNOW, SOMETHING LIKE THAT.
BUT WHEN MR. THOMPSON OR THOMAS MENTIONED THE PERGOLA ITSELF AND THE BUILD.
I'M NOT EVEN SURE THAT THE PERGOLA ITSELF WOULD PASS INSPECTION.
THE PICTURE ITSELF, I'M NOT A CONSTRUCTION WORKER, BUT MY FAMILY IS, A LOT OF FAMILY MEMBERS ARE.
AND SO I CAN TELL BY LOOKING AT IT THAT I'M NOT SURE THAT IT IS.
THIS. I'M SORRY. ONCE AGAIN, THIS IS A QUASI JUDICIAL PROCEEDING.
I'M SORRY, BUT WE HAVE TO FOLLOW THE AT LEAST SEMI-FORMAL REQUIREMENTS OF IT.
IF A COMMISSIONER HAS A QUESTION THAT THEY WANT THE APPLICANT TO, WE CAN CERTAINLY CALL THEM UP.
I WOULD ASK THAT IT BE NARROWED TO.
I'M JUST I'M JUST TRYING TO SHARE WITH YOU HOW I, I'VE THOUGHT ABOUT HOW TO MAKE THIS WORK WITHOUT MYSELF NOT GOING BY THE CODE, THE LAW THAT I'M SUPPOSED TO GO BY.
UM, SO AT THIS POINT, ACTUALLY, BEFORE I ENTERTAIN A MOTION, I DO WANT TO GO BACK AND STATE.
I'M NOT SURE. I STATED EARLIER THAT WE CLOSED THE PUBLIC HEARING, AND IF I DID, THEN.
UM, DO WE HAVE A MOTION TO EITHER APPROVE OR DENY THIS REQUEST? I APPROVE THAT WE DENY THE REQUEST FOR THIS VARIANCE.
CORRECT. DO WE WANT TO SEPARATE, OR ARE WE DOING JUST ONE COUNSELOR? YOU COULD TAKE THEM IN, BECAUSE IF YOU'RE GOING TO GO WITH, LIKE MISS KELLY'S, YOU MIGHT TAKE THEM SEPARATELY.
I TOOK MR. WATERS AS A MOVE TO DENY ALL THREE, BUT ALL THREE.
YEAH. SO WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? MAN, CAN I ASK AMANDA A QUESTION? NO. WE'RE CLOSED.
ALL IN FAVOR OF THE MOTION TO DENY SIGNIFY WITH AYE.
AYE. OPPOSED? NAY. OKAY, SO WE HAVE ONE NAY AND FOUR EYES THAT.
[00:50:06]
PARDON? YEAH. SO TO DENY.AND SO I WANT TO JUST FINISH OUT WITH COMMENTS.
AND I HEAR THE APPLICANT'S POINT ABOUT CITY CAN GO AFTER THESE PEOPLE.
NO, THAT'S NOT SOMETHING CITIES DO IS GO AFTER PEOPLE WHO GOT AWAY WITH DOING SOMETHING UNFORTUNATE.
I BELIEVE THAT YOU HAVE ACTION AGAINST MULTIPLE PARTIES INVOLVED IN THIS, AND I WOULD SUGGEST THAT YOU GET BACK WITH LEGAL COUNSEL, BUT REVIEW YOUR TITLE POLICY, GO TO THE EXCEPTIONS PAGE, AND LET'S START THERE AND SEE WHETHER THE TITLE COMPANY WAS NEGLIGENT IN WHAT THEY DID.
I WONDER HOW THAT WORKS WITH SETBACKS.
SO ANYWAYS, I WISH YOU SUCCESS ON THAT.
AND I DO ASK THAT THE CITY MANAGER, IN CONJUNCTION WITH AMANDA, GIVE ALL DUE ACCORD TO YOU TO HAVE AMPLE TIME TO SEEK REMEDY, BECAUSE PART OF THIS I THINK, IS A FINANCE ISSUE.
SO I WISH YOU SUCCESS IN YOUR ENDEAVOR, AND I APOLOGIZE THAT THIS COMMISSION IS UNABLE TO
TO GRANT YOUR REQUEST, BUT WITH NO FURTHER BUSINESS, IS THERE ANY FURTHER BUSINESS COMMISSIONERS? OKAY. WITH NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.