e please stand for the Pledge of Allegiance I pledge allegiance to the flag the United States of America and to stands allice for all I now call this meeting of the B
County Board of zoning adjustment to order will Mr Brody from the Planning Development Office please describe the function and operation of the board of zoning adjustment to our applicants in the audience yes Mr chairman the board of adjustment is a quasi judicial body
established by the board of County Commissioners under chapter 62 Article 2 Division 4 of The Bard county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9
pursuant to Florida rules of appellant procedure any person or persons jointly or severally agreed by any decision of the board of adjustment May within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief Ms
chairman you have five items on your agenda today thank you Mr bod would our vice chair please explain to the applicants and the audience the statutory definition of a hard ship undue hardship a variance may be
granted when it will not be contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific
legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations personal medical reasons
shall not be considered as grounds for an establishing undue hardship sufficient to qualify an applicant for a variant economic reasons may be considered only in instances where the land owner cannot yield a reasonable use
and or a reasonable return under the existing Land Development regulations the applicant must answer a variance hardship worksheet with six questions the board of adjustments will discuss these questions today with each
applicant who has request at the variance thank you Vice chair I would like to address our board members the applicants and our audience about the procedures that will be followed during our proceedings I will now address our board members the applicants and our audience
once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board only once at the conclusion of public comment
the applicant will be given additional time for rebuttal as well to present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to the board for discussion and action we will not use a timer for this
meeting instead said we're asking each speaker to be concise in what they have to say it's very important that you stay on the subject and avoid information that is not relevant all persons speaking must provide their name and address for the public record those
wishing not to verbally State their address may ask the clerk at the podium for address card please fill it out and return it to the clerk are there any questions regarding these procedures from the board members no are there any questions regarding the procedures from
applicants and are there any questions regarding the procedures from the audience seeing none we will move to our next order of business we will go to the meeting minutes any changes and motion to approve motion to approve I have a
motion to approve I'll second second all in favor say I I I we approve our motion to approve application for variance reading application Mr bod please yes application
H1 Prime rise LLC request variance of chapter 62 article 9 Bard county code for communitive sign surface area and freestanding sign in a bu -2 zoning classification application is 24v
00005 located at tax account number 30 21509 and District 1 will appli for come forward good afternoon good afternoon m'am do you swear that the testimony you give to this board will be the truth the
whole truth and nothing but the truth yes I do please state your name and address for the record uh prashan Patel 1256 goog Avenue Port Orange Florida 32129 okay present your case please my name is j Patel uh we have
applied for a variance for signage uh for the hotel development site on U the account number 32 uh 30215 09 um applying
for three signage on the two on the wall one for freestanding signs um East wall 5T x 14t uh South Wall 5T X 15t and a freestanding sign 7t by 20 ft
okay I see this is in district one that's my district would you like to anyone have questions for them Dr Bass and I didn't have any questions on this one appears there's no residence nearby
that would be bothered by this so it looks like it's pretty straightforward here okay Miss Clemens I don't have any questions Mr humberg um no I'm going to say no I'll I'll go with Dr Bass there's nobody in the area
I don't think the sign will bother anything I have no problem with it so let me just reiterate you're here to have a science place by loves correct this truck stop area yes okay so you
have two requests today correct yes the first request is exactly what um the first request would be getting um square footage on the signage approved
and the second excuse me chairman may I yes so the first variance is to have uh 624 Square ft over the to allow for a a freestanding sign uh
one of the things about this property is it was part of Love's um Travel Stop country stores and they had variances to the all the sign codes and then they separated this piece
out and it still has the uh variances on this property to that what was given to the loves so really what they were asking for is they're w to have three different signs on their
property M they want on the East wall of the hotel a 70 squ foot sign on the South Wall a 75t square foot wall sign and then they want a freestanding sign of
140 square ft uh those really aren't over the square footage that would benally needed to go through a variance except for it being cut out of the loves that took all the square footage and used it uh the the total square footage
that was for their variances on their property thank you Mr bod okay well again as from district one would someone like to make a motion I find the DAT did you have any is there anybody
that wants to make a public comment anyone would like to make a public comment in the audience from the audience yes anyone here to oppose it seeing none may you step aside I see no one from the audience
would like to oppose the signs to put up come back to the podium please anyone would like to make a motion please I'll make a motion yes that we approve the three variances as depicted in the uh there's two variances
VAR I'm sorry variances as uh depicted in the sign and information uh dated February 3rd 2025 Dr Bass has made a motion any second thank you Mr humberg for
seconding I will read now the variant's hardship that special conditions and circumstances exist which are not applicable to other land structures or buildings in applicable zoning classification that the special conditions and circumstances do not resel from the actions of the
applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement
of provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and that the variance granted is the minimum variance that will make possible the reasonable use of the land building or
structure and last that the granting of the variant will be in harmony with the general intent and purpose of this chapter and that such variants will not be injurious to the area involved or otherwise detrimental to the public welfare a
vote Dr Bass you approve I approve Mr H yep M Clemens I vote to approve okay we vote to approve this variance as depicted in the
survey we all say by I I I would state that it is approves the variance and limited to the approval depicted on the Sur wait minute on the on the sign sizes provided by the applicant okay because it really isn't
on a survey it's it's what he provided as what the signs are going to be then I make a motion to approve the two variances as depicted on the survey uh that was dated February don't have the February 3rd uh 2025 now there isn't a
survey there is no survey I'm sorry I was looking at this the picture Okay so the correct thing to say is that she makes a motion to approve I do limited to approval of the limited to approval sign sizes provided by the
applicant as provided by the applicant yes as provided by the applicant please okay I'll second thank you we all say I we all say I okay thank you your variants have been approved thank you
thank you that one was hard yeah what was the date on that jary 3rd I feel was that February 3rd date um that's what's on the bottom of the paper yes February
3rd yeah it's a printed date is that the one we're using it doesn't say the date except for yeah January now I don't have a date on it it's just what they provided what they're going to build as all right we'll go with the printed date that's
the one I'm using PR Mr bod our next applicant please item H2 Timothy and Denise ganton request two variances of chapter 62 article 6 Bard county code for an
accessory structure in ru- one-1 zoning classification variance application 24v 00000051 located at tax count number 2417 445 in District 2 so you
that the testimony you give to this board will be the truth the whole truth and nothing but the truth yes please state your name and address for the record sc85 Diana boulard Florida thank you Timothy Ganon 285 Diana Boulevard maridon Florida thank you present your
case please um we're here to legitimize a Code Enforcement issue that we have on the side of our house for a roof structure um and to ask for two variances so let me um there was I'm going to turn this on if
that's okay yes top on the side of our house on the picture is that upside down no okay this picture right here was the original picture as you can see on this side of
our house there was an extremely large speak to the mic please just there an extremely large shed right here M my finger there we go and there were three sheds behind that that took up this entire footprint um they have been there for
over 21 years Tim bought the house 21 years ago and they were already existing there when we redid our backyard we no longer needed that much storage space our kids have grown we have nine grandchildren so we needed to provide more covered area to stay out of the Sun
so what we did is we removed all three of those sheds and as you can see we put right here four four poles and a roof structure um so it is to legitimize that it is exactly the same footprint that was there
previously um it blocks no one's view it is a metal roof it is fully insulated it's been through two hurricanes and as you can see right here um this house was under construction it's not even in the back
of the house it's appear here on the side you can and from the front of our house you can actually barely see it so we're here to legitimize that roof structure with the two variances one is
um for the separation from the house to the to the roof in addition to the size of the roof down the property line okay I see this is in District Two Miss Clen question so when was the structure
constructed the new roof constructed 21 okay 2021 and it's the exact same footprint as the three prior structures as you said yes okay and do we have is there is it okay or legitimate to ask where the code
enforcement came from or the it's the neighbor on that side okay they have um they issued five code enforcements on us because when they didn't get what they wanted they've retaliated against us so okay we've seen you all many times okay so we'll talk facts and no drama that's
all and I'm assuming they're not here oh they're sitting back there okay okay that's all my questions thank you all right I have uh if I'm looking at your plot or the land here from the water side in other words the back of
your house ma then the structure that you're putting in would be on the right side not on the left hand side right hand all right have the people on the right hand side been notified
that I'm sorry let me follow you I'm I'll put that picture back up so looking from the water I'm look at your house from the water yes ma'am okay on the right hand side you have you have a house yes okay it was under it was empty sold and then a new owner took the place
and they started Construction in the first picture you can see there was um empty lot in this picture this was February of is there anybody living there now yes they remod that house have they been notified that oh yes they're the ones that put the code enforcement
in okay obviously I mean it appears to me that on the other side which would be the leftand side uh it's your property is quite close to the property line but that is not in question you're not putting anything on that side correct
that's what we approved last time right the other right mm and this that you're adding you said it doesn't have a larger footprint than what you took down no the the white shed that you see here was over 12 by 20
there were three sheds behind that they housed like all of our lawnmower all of our gas and stuff and so this new structure is literally 14 by 24 you add those three sheds behind that 20 ft so it is larger than no cuzz there were three sheds behind that white one did
The Sheds lean up against the home or were they up against the fence they were up against the fence there's just trees in this picture okay so then this this structure this is the exact same size it's not any bigger it's actually it has to be smaller not touching the it's not
we're off the side of the fence how far off the fence are you uh 0.1 foot can y'all make sure you talking to your microphone so we can pick it up on the yes and it's fully guttered there's no drainage there's no issue of any of
that is it like an open porch it is an open porch um picture would you like me to show sweetheart which one this one so this is a side view you can see
it's that's from the side and it's an open porch it has it's this roof structure right here it's got full Cedar full insulation metal roof B through two hurricanes fully safe fully guttered no drainage no nothing so it's
open on thees it's not open on the roof right it's just so does the roof go out to the fence level it goes 02 for the variance off the fence 2 ft off the fence
yes what's the normal restriction over it has to have a normally it's a 7.5t set back off the side property line and our existing shed went and all the way to the fence well that's the old one we're talking about this one and right
to the house so it's a concrete slab no it's pavers and then composite wood okay okay Mr Humber um yeah I actually have a couple questions welcome back by the way yeah
nice to see you again and the last time you're here was there a court case involved with this no that was no court Cas was just problem with neighbor issues right and we when we brought it here before there were four of you and it was a 22 vote but there wasn't a
majority right so we chose to bring it back and there was there wasn't any court case involved with this no no that was a different one that was a completely different one okay okay step to the side is there anyone in the audience would like to make a rebuttal to
this good good afternoon do you swear that the testimony you give to this board will be the truth the whole truth and nothing but the truth I do please state your name and address for the record Lawrence Monroe 305 Ursa Avenue okay merid
Island um you said would you like to have a Ruttle uh do not like this um but and in Mrs ganon's words
um that we were told the first time uh we had to speaking to the mic please I just the first time that we had to bring our case um we were told uh it's um pretty bad that they had
to take a day off to come here to reut us to do the County's job for them and I'm paraphrasing but um there's a few points um that I just
noted um first of all sorry I'm a little nervous I'm not a public speaker but first of all uh were the three existing sheds ever permitted that this is now the
replacement structure to um were their perk tests done were their variances obtained as Mr bod mentioned their setbacks setbacks are set by the county are case involved obtaining
setbacks um for a dock which everybody has and everybody should be entitled to U in Florida we're very nautical by nature but anyway that's us but we had to obtain setbacks to build a proper
structure and they um sorry objected to the the mere reasoning of getting a s back on our property this is not let me stop you right there I want to ask you what is your um rebuttal for this case right
here not previously correct this one um you obtained the letter that we wrote um I didn't any I don't have a letter do we have a letter on fou sta I think it's very succinct it was drawn
up factually a lot of the evidence or facts in here are actually taken from context of previous hearings quotes um okay hold that thought let me just check do we have a letter to present to us please it
should be in your P it's not it's not there's no letter do you happen to have the letter in front of you sir yes I do okay I appreciate that for the sake of time we just share the letter and look at it he won't get
it back there with okay thank you thank you very much he you're fine I'm sorry let me just scan this letter real quick is there more than one copy no it's just one
okay when did you purchase the property uh in 2020 one we started uh Construction in 22 this is our second year in the home
um we've been doing all work in phases it was quite a an extensive renovation um there's a there's mention of facts that the ganons did a fantastic job and
rehabbing their back pool structures Etc docks it looks fantastic and that's their Utopia we're now in the phases of we got permits to complete our forever home quote unquote as the terms been
used so there is no there is no tit forat there is no this is based we're almost an objection to this for the rest of the neighborhood that
have structures that they've had to come in here and apologize and and you know the the unfortunate cliche is uh uh bill first ask permission later and we did not have that privilege we we were here
three times cost a lot of money a lot of time a lot of effort a lot of angst and we finally obtained ours so there's due diligence as the words have been quoted in there that they did all their due
diligence well this is their fifth violation so we just wanted a variance that's all we wanted there are other neighbors that could not obtain dock roofs
structures um because of of the setbacks so ask a question pardon was the structure in place when you purchased the property um depending on which one you're talking about the one we're talking about today oh yes um no no it
was not it was under construction I think uh the contractors that built the docks actually built that structure when they were done with their dock Etc and we could tell it was quite
substantial it's permanent as Miss uh Mrs Ganon mentioned it's hurricane proof but they could not obtain there's no access the picture you saw was um an old
picture the new picture shows the existing structures on the West Side there's there's no access down the west side and limited access I'll give them there's limited access because it is a
Breezeway if it's been described that way on on our East Side um but they could not access their property we were doing demo and we had construction and I the next thing I know trucks and bobcats
are going through our property to our seaw wall to access Theirs to finish their projects that went on for months being a new neighbor and being a compassionate person I had no problem with it I didn't have anything there now
we're having construct our own construction but they could not Li they could not access their own property so thereby if I I can access mine mine I don't need to go over to theirs right now for my construction
pool project that's permitted so let me stop you for a moment because I want to be really clear about this so you are saying to us today that they have to work on your property to get to their property they did they had to use because heavy equipment was
involved as you can imagine they did fantastic job they had a great contractor they can't access their own property to get to their own backyard sorry but now no there's they have to still come through your yard if they
needed to they they would but it depends on what they if they need heavy equipment there's no way to bring it underneath that breeze it doesn't matter whether they need heavy equipment or not it's what I'm
saying is stating when we were in construction they had to access our property there's no way they could go through even before the Bree Breezeway was maybe not under construction maybe it was I'm not sure okay so just help me
out here they have it up now they have their construction completed is up and they need their variance today to enjoy their outside living facility correct you are saying today that you objected to this because of what because
I if if this passes then I would like to in the future put a carport exactly up to the fence line where there existing structure is not only that um sorry I don't have pictoral evidence but the
back peak of my house the the setbacks were set for a reason one of them's fire hazard safety and the amongst others now that wooden structure as she depicted is beautiful beautiful wooden structure
with a metal roof and hurricane it's within I think 11 ft of our peak of our back and I do have pictures in there so if the set back was said for a fire reason there's a violation what I'm
saying is what every other neighbor would like is to build future structures where this structure is on their property line okay so I'd like to put a beautiful carport maybe even matching
it's fantastic construction I'd like to put one within2 ft of my property line so we can have m structures do you think that would be approved so let me say this to you sir we're not talking about what you
would like to do in the future today we're talking about their variance correct and what they have today this is their case today not what you want to do in the future for wait a minute hold on not what you want to do or your um other neighbors want to do in the future correct we're
just talking about their variant for today you are corre now when you want to do your Vance I do believe that you will come to the staff and you know fill out your working get your variance for that for sake of argument attorney are we correct we're just concerned about this variance for today yes that's correct
okay okay so we're hearing your objection I I I get it I do right I really understand what you're saying however what I would like to say to you is that right now we're hearing their variance right not what's
projective not what you're going to build later not what the neighbors are thinking just for this case today so your objection today is that in the future you want to build something and you want everybody no I'm Sorry Miss okay I would like to state
that in previous testimonies when this subject was brought up one by the chairman that in in our hearings yes and when they were objecting it was stated that there
quotes in there due due diligence was done it was not done there was no permit I think if we not I hate to use the word dumb this down but bring it to the lowest common denominator the the factual part of this
case is this was a blatant code violation when due diligence was done and I understand what you're saying it was a code violation we dumbing it down but now they here today to get their variant correct can we
so build first ask permission later so no no no or we follow the rulle I mean not commission I mean not permission but AP or you know I we want everybody to follow the rules Per County rules correct correct and that's what we would
hope all individuals and citizens did yes yeah so um this is not a malice case um our neighbors are great friends I mean we didn't we moved into a a friend
Hood not a neighborhood and we're very comfortable there um we're all from Merit Island uh my wife who couldn't be here but um so it it's we're on an island word gets
around and there were a lot of um we've had other neighbors come in object before unfortunately they couldn't be here today I didn't think I would hear kind of what I heard so that's why I stepped up
okay okay anybody else have any questions or anything for him no not for him I just no not for him I just need confirmation the structure was there or not there when you purchased the property it um I would check photographically as the only way I can
keep track we had a lot of moving targets going on and really what the neighbors are doing is not my concern but no it was not completed it was not completed because um my contractor had
had words with their workers about this particular subject as setbacks are you experiencing any kind of like noise or additional no they're great neighbors they're I so that being a space where people hang out uh is well yes we
actually they there was we tried to trim that down to um two pages and and not sound Petty or or factious or what have you but they there have been instances
of we were going to bring in Witnesses a witness but could have would have should and it's all here say but people have spilled out of that area into our property during um an annual party Etc
so um I don't understand what that means um you said how yes there is a you haven't you haven't mentioned anything about it like changing your you know comfort in your own home it's just about
the correct space in which it occupies correct so I you're stating what we wrote and I did not object to anything that way we did not state it that way this was trying to be as factual as possible
about the evidence in front of us which is this was one of many code violations and but you don't mention anything about what what you just said about the spilling over or the noise we did not mention it in there we took a
lot a lot out just for brevity okay so you aren't experiencing any kind of disruption not currently okay thank you you have anything else no that's more than I thought I thank you
for bringing that to our attention you may come back up please M Clemens Madam chair question just uh double check that there's no one else that wants to speak oh I'm sorry is there anyone else in the audience that would like to speak involved in this
case as I'm seeing none there's none now that we have now you can come back to the thank you so much um we didn't receive a letter if there was a letter we didn't receive anything um and that's it was emailed okay I'll have to
go check my email I didn't and beside the point um facts there's a 5- foot gate a wheelchair can fit through the gate we have 100% access to our property it is a Breezeway it is a covered patio
we don't have parties we are pretty boring we have nine grandchildren we're trying to get them out of the Sun swim in our pool and be on our own property we've done everything we can it is in no one's view there is no place else on our property to put this it doesn't block
anyone's view it's not in anyone's way the sheds were more of a eyesore you can barely even see this is there the pre-existing structures were there when he bought the home over 21 years ago
then we bought it together six years ago they were there we there was nothing malicious we had no idea it was literally we don't need storage we just need some more coverage so we took out what had been there for over 20 years is there access
from the house to the patio um not like a door that connects it to that's off our master bedroom so they talk about fire hazards that's right off our master bedroom we would never bu door just window no just windows and it's not connected to the house it's not it's
it's underneath the eve yeah so it's not it's there's no attachment points at all to the Y to that any more questions yes I'm still a bit confused on the overhang now you have a wooden deck that
you have built that has wooden supports to a metal roof correct yes yes ma'am all right the sides are open what is the overhang for the metal roof how close is that to the property
line point two on as it's shown on the survey it is the point two from the property line is there any room for a fire department or fire department people and their equipment to get through between your fence and the neighbor's
house our fence and the neighbor's house or our fence in our house the neighbor's house because NE the overhang for his house was very close to your fence and you couldn't get he doesn't have a fence our fence just goes straight up he has
no gate no nothing and so are it's a fence line there's nothing changed that's there if somebody fire department get through there yes on your property oh yes we have a 5 foot gate wide open that's the whole point The Sheds they couldn't get through
so now they can it's an open area you can bar right on through where's the drainage on your roof where does it go it's guttered to the front all the way guttered all the way out to the front of the house and our on our own property to a tree there's a tree right
in front of that structure in the front yard and the down spout goes right there the down spout goes right there there's just dinosaurus is everyone's constructing newer and everything so we're part of that regenify Shores those houses were built
in the' 60s we went through the neighborhood there's 38 more of these throughout the entire neighborhood yes that was the builder in the 80s that was the way they built yeah in addition right across the canal from us there was a variance approved for the same thing in I think November of 22 for a
structure Breezeway for for coverage for sun coverage um what picture did you want me to show you I showed it okay um this shows with the tree there's a tree right in front all the drainage goes to that
tree right there Waters that tree so it comes all the way around and goes right there and there's a down spout and you can see it in on the fence black and
white and it goes right there and I don't know what else do you want to know any questions please let us answer them any other questions no Miss Clemens yeah I have a I have a bunch sorry actually Mr booty I have some
questions for U you this has all been a very parenthetical discussion here it's past present and future but we haven't really stayed on the present uh it's basically the same as
this document right here it's uh very confusing it's uh the board County Commission vacated the public utilities easements resolution 202462 what exactly was that where the uh structure that is built in question
there's an easement that was there in the utilities easement and they encroached on that 5 foot the County Commission vacated it because the structure was in there there wasn't any utilities in there noties on the
commission right there uh second one here is I mean we have like a plural statement here uh legitimize other code violations not one but that would indicate several is there several there were several y'all heard the other ones and approved the one to the shed okay on
the Westerly property line and also to their Dock and is that the one that's down here where it says there's a Code Enforcement action all of them had code enforcement actions okay this is two variances which was two Cod so there's no current one yes there
still a code enforcement on this structure okay and that's why there were two variances one for how close it is to the house because it is the0 2 away and then one for the 7 and 1/2t set back we did go through the realm of getting all the vacated
easement um when was that done 23 once we learned about this process when we got called of Code Enforcement and we were told that we were in violation like I said it was been there for so long we had no idea so variance the year um they were
done last uh fall I think both of them weren't they yeah they were last fall and then the ean's completely vated one was to the uh coverage of the uh roof area for their Dock and the other was to the setback for their shed that was over
on the Westerly property they were both approved when was this completed early 21 so completed right around the same time he purchased right around the time he purchased I the picture I show still shows the land completely clear over there no grass so
it was they were still under construction when we were done okay thank you thank you guys sir you're welcome Miss Clemens H um I don't have any other questions if
that's what you're asking um this is just so you know it's completely open it's not enclosed at all so it's again doesn't block anyone's view we've done everything we can to mitigate we've had Neighbors come over and they're not here we're not going to bring all of our neighbors in to say how
much they like it oh my gosh this is great we're just not going to get all our neighbors involved I guess my question would be for you like what is this precedent for like the next round of you look at each variance
as on stand on its own okay there was one approved across the canal um at the end of 22 for something very similar a Breezeway attached to their house I have the variance number if you need it all
right thank you m M Clemens how would you like to vote I vote to approve the variance I I don't see how it's encroaching on the use of the neighbor um or at least I haven't been convinced
otherwise so I'm I'm here to approve the variants request the two variants requests I need to say that differently don't I no we need a motion yes make you motion I motion to approve the two variants request uh depicted on the survey depicted on the
survey applicant date applicant date of January 8th is that correct 12 do I need to limit the approval as depicted a motion to approve the variance the two variances that limited to its approval
as depicted on the survey provided by the applicant on January 8th thank you Miss Clemens do we have a second no I'll make a second any what we do Dr Bass do you have any questions you did approve this last time so I would like to help you if
you have any questions because we had a 2 two vote last time and it cost us a lot of money to come back here to present when there's four of you you did approve last time so if there's any questions that I could clear up I'd be more than happy to
help so right now we have a motion to approve we have a second and we have so we have two two attorney well if you're going to have a vote um we we didn't vote yet we you want to at least read into the record the six
criteria okay I'll read the six criterias and then we'll make another vote that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special
conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in identical zoning classification that l
enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties and identical zoning classification under the provisions of this chapter that the variance granted is the minimum variance that will make possible
the reasonable use of the land building or structure and last that the grining of variant will be in harmony with the general intent and purpose of this chapter and that such variants would not be injured to the area involved or otherwise detrimental to the Public
Welfare we'll take a vote now Dr Bass no I approve no Mr Humber no Miss clemmings I approve well it doesn't pass so this is our second time here with a fair and we
were going to actually back out because there wasn't five people here it's like $2,000 to come here every time is there any questions that I can help you with or could you tell us why you don't approve we were here in the last uh at a variance one time and there were four of you same thing happened
because it's when it's a when it happens like this it goes to the negative so can we push this off and table it till there's five of you or can I ask why and can I help I mean fire if you hold on um can
we table it to another time or do we just say it doesn't pass well you've you know taken a vote now so it's not going to pass now if you want to consider if someone wants to make another motion and you want to consider it that's I would
just like to understand what changed your mind because you passed it last time and can I help you nothing has changed uh I'm so I just want to be help make this fair for everybody what uh what I think we should do is hold this in OB bance for possibly 30 days have them come back but before they leave
today we'll give them a list of things that we want only those things we don't want anybody else we don't want any other discussion just on the things that we feel is important and that's confusing at the current time I don't think that that's the correct thing to do is give them a list of stuff that you
want if you have question I don't know i' have to ask the attorney yeah I mean we can't limit it that way um they you can consider you know a motion to uh table it to the next meeting but
um you can't you know limit them to what's presented then the only option would be it wouldn't pass or we could table it to the next meeting Miss Clemens do you want to make a motion to table it to the next meeting a motion to table it to the
next meeting okay I agree I agree no okay not that's three to one are you going to uh have time to Ren notice and so forth if yes we have an advertis for um March
yet have we so we can put it on to the March plus it's being noted here as a public in the public meeting so we don't even have to really advertise it okay
okay is there any questions we could answer to help either I mean we just tabled it it's going to be at the next meeting in March is that correct yeah I don't know specific date but
what's that date in March find out do we have a date table it to the March 19th meeting table to the March 19th meeting okay now that's a motion so I'll make a motion to table it to the March 19th meeting I AG can I have a second
second Miss Clemens second it all in favor say I I I'm hearing Mr humberg said nothing so yes and no he opposed I just want that for the record yes 3 to one okay 3 to one thank you we'll see you in March 19
thank you thank you you're welcome Mr bod our next applicant please yes variance item H3 Mark and mayia M Dawson request variance of chapter 62 article 6
bouar county code for a carport and an rr-1 zoning classification variance application is 24v 0052 located at tax count number 2453 26 in District
One do you swear that the testimony you give to this board will be the truth the whole truth and nothing but the truth please state your name and address for the record Mark Dobson I live at the residence 4912 hidden pay Hidden Pine Place cocoa thank you and yes I swear
you may present your case uh we bought the house uh about a year ago with uh four accessory buildings this is one of the four and it's in code violation because it's too close to the setback a
note which is not related to this but there were four out buildings or accessory buildings I've already torn one down that was in complete violation so now I have three um I didn't build this building this building our vport
was not noticed in code violation by the survey by the deed by everything it was noticed when I applied for a building permit for electrical to upgrade one of the other accessory
buildings now that permit is on hold um trying to be uh quick and concise I'll move on to the hard ship worksheet and summarize the why uh you know the
special circumstances my properties a diamond shape and the position of this RV Port just makes sense uh I didn't choose where it is it's already there uh again the RV Port was built by previous
owners uh there's a little bit of a story there I don't know that matters but there's a concrete pad that was built built with a footer uh that looks like it was intended to have a structure on it however that first owner didn't put a structure on it the next owner the
owner that I bought from put up the RV Port without a permit I was unaware of that um other properties in Bard especially nearby canaval Groves uh have structures
like this um it's a common thing to have RV ports in bravard County uh literal enforcement of this provision I'm not sure of my cost to remove this building uh but it would be at least 1520 Grand I
I didn't go down the path to get a good estimate um only 10 to 15% of this building is not within the required 15 foot setback I believe whoever put the concrete pad down might have made a mistake and they
misjudged because everything else in the property has been done correctly to my knowledge uh and then lastly you know in harmony with the general intent and purpose of the property I see there's going to be no increase in traffic there's no added noise there's zero
safety hazards to this building no strain on public uh resources I've spoken verbally with many of my neighbors not all nobody disagrees with this and one neighbor did send in a
letter which I believe is on record not opposing um I could talk more but I don't see a need thank you I see this is in district one which is my district Dr Bass would you start off the question in please yes
uh if I'm looking at your house the front of your house I'm standing in the cold AAC yes which side of the property are we talking about we're talking about the right hand side yes then and a building which building is in question
the one closest to the culdesac yes and from the CU the saac you can barely see the building it is saw but it is not seen from most angles I would
say maybe 20 30% of of the area you could actually see the building otherwise green there between you and your neighbor is that a hedge is what is that is that you've got green is is that on your neighbor's property or is that on your property just it's on both are
our property is surrounded by vegetation we can barely see any of the neighbors most of the vegetation on that side is on my property there's also a 25 ft uh drainage easement there that can't be
built on and of note the fourth building that is now gone was built 100% on the drainage easement and instead of uh trying to get I'm off topic but instead of trying to get a vacate for that I just tore it down because it was the white structure in the back of the picture
uh there's two in the back uh in the picture yeah you could see clearly one no that's still there there's one that's underneath the bushes that wasn't clearly seen in the satellite that the building code Department did not see when I got the code violation looks like
there's a dark spot there yeah you can yeah it's at an angle and I don't know if you can see that property line on that side but that was kind of parallel to that it was 100% in violation so it's gone but anyways we're not talking about that do you have any more questions
ma'am Dr Bass any more questions no I have no more thank you Miss Clemens did you make any changes to that space which space you referring to the space that we're talking about that needs the VAR the RV Port no the only thing I've done is dug a couple holes to
verify that I believe uh it will pass a building inspection you know the uh I needed to figure out if there was a footer there you know and and look at the whole thing I've been in talks with Architects and uh Engineers to get a quote on the
necessary drawings all need to have drawn up to go and actually get the inspection so the building will be passed after we successfully passed this variant and then the permit that pulled that started all of this is for the other two accessories buildings it's for
uh an electrical upgrade to the building behind it the building behind it only has 20 amp service I want to put 100 amp service back there and okay and none of this came out on the or the survey when you purchased the property it was there it was missed uh okay you know a bunch
of presumptions I don't buy houses and deal with property every day but once I was aware of the codes for my property then it was obvious I didn't know uh it was missed or overlooked I don't know by everybody in the purchase process gotcha
so your survey didn't show any encroachments at all it showed it but nobody put up their hand and said no gotcha okay Mr humberg no I'm good okay who would like to make a
motion I'll make a motion to approve variance Miss Clemens make a motion to approve the variance I'll second it I'm sorry I didn't to say it right I'm sorry sorry go ahead you can say it
again miss Clemens I make a motion to approve the variance limited to or as depicted on the survey provided by the applicant on 1220 2024 okay now he has second by I second it Dr
Bass a vote all in favor say I I Madam chair I'm sorry I didn't ask was anybody in the audience I caught myself yes and and the sixth criteria correct is there anyone in the audience that's would like
to speak in regards to this variance as I see none I would like to read the six variants hardship I apologize for that that special conditions and circumstances exist which are not applicable to other land structures or
buildings that the special conditions and circumstances do not result from the actions of the applicant I'm seeing none that granting the variants requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands that literal
enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties and identical zoning classifications and that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure and
last that the graning of variance will be in harmony with the general intent and purpose of this chapter I read the six variants we have made a motion to approve it's been second and the variance passes all in
favor say I I now the variance passes thank you okay Mr the B our next applicant please yes item H4 David t Williams and Jessica Williams request two variances chapter 62 article six bouvard county code a
principal structure and accessory building in an EU zoning classification application is 24v 0054 located at tax account number 25351 85 in District
2 good afternoon do you swear that the testimony you give to this board will be the truth the whole truth and nothing but the truth yes ma'am please state your name and address for the record my name is John Canary with Len Brothers Construction I am representing David t Williams and Jessica Williams at the
property of 725 South tropical Trail okay present your case the client we we are wanting to build an addition on their home um during that process we found that the principal structure the existing home is
uh about one foot into the side setback of a 10- foot setback and an auxiliary structure that's been there since 2005 is about five and a half ft into the existing side setback I've done some aerial research and you can see that the home I believe
was built in 2003 or 4 uh as of 2005 uh the structure is seen and it's been there ever since the my client purchased the the building or the the home um and now that he's wanting to put into addition on it we found some inconsistencies with the
setbacks okay I see this is from District Two Miss Clemens would you like to start the question in please um I don't think I have anything right now no okay no question for Dr B okay I'm looking at this picture yes ma'am
okay which building are we talking about the white roof or the Red Roof uh we're talking about the white roof so the white roof is the primary structure that's the residence and then if you go to the east down to the this is the river okay so yeah go that would be well yeah go go
up on that picture oh okay yeah it there's an auxiliary building there that's a concrete slab and block structure it's very small it's a very small building maybe a 12 x 12 or something now the the Red Roof there is that the neighbor yes ma'am I believe so
is the neighbor over on your property not that I know of no man couldn't tell you I'm not building over there so I don't know right let me see let me take a look at these areas where I don't see a driveway so can I can I approach yeah can I approach this is the only thing I have
so I'm trying to figure out if you're going to talk to her we need to have you talked into the microphone so it's picked up by the recorder so okay so if we're if we're looking at at this picture here that white building right there is the primary structure correct if if you
go this way on the prop property yes there is a small little auxiliary building hidden by all these trees that canopy the building so the driveway is on tropical Trail right the the driveway would be in here you can't see it from the trees right yes ma'am if you look
kind of like right here it's kind of right across from that okay yes ma'am all right so what are we doing what is I'm putting an addition on their home okay uh and they they've combined the two lots so they're now under the same account number and so we are building to
the South onto their existing structure okay and this all kind of came up when we applied for a permit okay so does a variance need is it needed on the North side or the South side it's needed on the North side MH yeah South Side all proposed will be in compliance and
what's the proposed it's a 7,000 foot building yeah what's the current building five 5250 I think something like that and it will be attached and it will have doors and so it's going to be a part of
the primary structure it's not going to be separated by a Breezeway or anything like that okay and then that structure in the front that you were speaking of yes ma'am that's the part that's in five and it's I think it's 4.5 ft set back off the property line so it's 5.5 into
the easement so the variance is specific to that and then the the shortage on the north side of the property for the primary resid yes ma'am yes ma'am okay that's the best oh no uh I think I have it now it the pictures are kind of you know it's what we have and the canopies
are yeah beautiful trees okay and we're not touching any of those by the way oh good did you say you were representing the Williams yes sir do we have anything on that yes sir I have M he's the one who uh applied for it for them so yes
yes sir any more questions okay just step aside let me check with the audience anyone here to speak to this variance as I see none come back now I'm going to read the six variants hardship motion we like to make
a motion would you like to make a motion Miss Clemens just let me get my cheat words I'm sorry uh I make a motion to approve the variances variance as depicted on the survey provided by the applicant on 718
second so we have a motion by Miss Clemens we have a second by Mr humberg and now we read the six Varian that special conditions and circumstances exist which are not applicable to other land structures or buildings that the special conditions
and circumstances do not result from the action of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures that literal enforcement of the provisions of this chapter will deprive
the applicant of Rights commonly enjoyed by other properties in an identical zoning classification and that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and last that the graning of variance will be in harmony with the general
intent and purpose of this chapter the motion now has been to approve approved by Miss Clemens second by yep Mr humberg can we make a vote please
all in favor hi the variant have disapproved thank you thank you Mr Brody I'm sorry Bodie without an R Bodie I'm sorry am I saying it wrong yeah I'm sorry how did I say it Miss B
bod Brody oh I'm saying B bod bod it's pronounced bod with there's no arm Mr bod I'm sorry please forgive me charge it not to my heart our act next forg please our next item
H5 Isabella Zimmerman and and Mikey uh sa sapala request two variances of chapter 62 article 6 Bard county code for minimum lot size required for the rezoning to AGR and minimum density
requirement for a future land use designation property is currently Zone gu zoning classification the application variance application is 24v 0055 located at tax count number
25717 in district one okay do you swear that the testimony you give to this board will be the truth the whole truth and nothing but the truth yes ma'am I do please state your name and address for the record and speak right into the mic please my name is Isabella Zimmerman and our address is 5660 Meritt Street Mims
Florida um U my fiance and I we just recently purchased the property and we would like to have a nursery there um for our family uh as well as have some goats and have some chickens as well um we were told by the Planning and Zoning
Board that we would need to do uh agricultural zoning uh in order to do this and our future land use is also for AG r1c um we've spoken with uh The Neighbors on either side of us they have no issue they actually signed an
affidavit uh asked by the county um the parcel behind us is 10 acres and we had spoken with them as well um they did not sign an aid affidavit because ownership was being transferred to their son but the son said that if he could sign an
affidavit and if it was valid for him to sign it that he would um and we've had no other obligations on our street there's only one other home on our street zoned Au um it's there's on the par parcel to the right of us it's General use with also a agr1 future land
use and the parcel on the other side of us already has a barn on it and there are Livestock on the street thank you okay thank you I see this is in district one which is my district Dr Bass would you like to start off the questioner I I I just wanted to make just a comment so
you're the properties you're talking about are these two no there's only one property yes ma'am so the one adjoining this way is a GU also there's no adjoining property um beyond the street I'm just I I'm I do not know on that one
across the street um to my knowledge it was owned by someone on the corner or it was vacant okay I'm just looking at the what we have on here so it looks like they're asking for a GU rate and the one across Merit street is gu no they're
asking for a they're asking change they're asking for agriculture a g okay that's what I was trying to okay thank you the would you like me to explain it more yes M so right now the property is General use and has a future land use of
agricultural they're wanting to rezone the property so they can get agricultural uses on the property so rezone it to to agricultural okay it's short the 5 Acres just a little bit of the five acres required for that and the five acres that's required for the
agricultural future land use wouldn't that be considered spot zoning there's uh agricultural residential that's just a diagonal across merits uh Street that'll come up at the
uh commission meeting if they have any questions about that and there is lesser zonings that are at the uh smaller zonings the RR mh1 that's across diagonally to the east on there which are only a 1 acre
requirement so they're really stepping up in size not stepping up in size but they're the GE requires 5 acres and it had an administrative approval to the uh gu 5 acre size on the property but the commissioner however they want to use
agricultural uses on it the GU requires 5 acres of land to get agricultural or to apply for the conditional use permit for what your agricultural uses are going to be and this would be a different way of having to not use the
cup conditional use to get the agricultural uses on the GU property okay that helps if they had five if they had less than five acres that help yes any more questions Dr b no Miss
Clemens no questions Mr Humber no okay I can make a motion I make a motion that we approve uh let's the drawing dep stop I'm sorry is there anyone in step to the side please is there anyone in the audience
that will like to speak to this variant as I see none come back to the podium please I'm sorry okay we'd like to make a motion yes I make a motion that we approve uh the information on the zoning
map dated January 6 2025 2024 you done yes I'll second okay thank you is that the right date so I just want to um double check that date I'm seeing 625 2024 I'm looking at this one
so am my WR and and what is the correct date please I don't have what you're looking at so 6 25 24 I'm looking at page 52 print it for the packet it needs to be 625
2024 see what the back okay what's your question um what's the date I'm of the survey yes I'm seeing 62524 and I'm seeing 1625 I can't see it I think that's just when they print the packet I think
that's just them preparing the packet for us the data the data the survey is 62524 okay okay okay 625 24 amended so let's do that again can you amend that yes I will amend my motion to
change the date of the survey to just for clarification 25 for clarification you're you're motion is to approve the variances I make a motion to approve the variance as shown on the zoning map
dated the survey as a predicted on the survey dated six as depicted I'll get it on the surve I left my notes at home depicted on the survey and provided by the applicant with the date of
6:25 25 2024 24 24 24 that's okay second I second we have a motion to approve by Dr Bass we have a second by Miss clemmings a vote I six criteria
please I'm sorry six criteria six before we approve that I will read the six variants that special conditions and circumstances exist which are not applicable to other land structures or buildings that the special conditions
and circumstances do not result from the actions of the applicant that granting the variance requested would not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures the literal enforcement of the provisions of this chapter will
deprive the applicant of Rights commonly enjoyed by other properties in identical zoning classification that the variance granted is the minimum variants that will make possible the reasonable use of the land building or structure and that the graning of the variant will be in
harmony with the general intent and purpose of this chapter and that such variants would not be inous to the area we had a motion to approve second by Miss Clemens all in favor of approving this variance say I I this variants have
been approved thank you may I ask an additional question please sure um in regards to your question about spot zoning we were told by the county that we had we had to do agricultural zoning we initially submitted our application for Au and future land use of
residential um I I didn't know that that could be an issue uh as the county that's not a okay not for this board you be the commissioner I possibly yeah that'll be considerations that will be brought up with your next
two meetings for the your resoning application okay yeah all right my only question pertained to the variance and spot you know together okay thank you sorry this is new to me that's okay the the agricultural zoning is consistent with the agricultural future land use so
awesome thank you thank you well recognizing that no recognizing that no other applicants that concludes our agenda for today I declare this meeting of bavar County Board of zoning adjustments for
219 20125 is a journ the opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of County commissioners of Bard County Florida Space Coast government television or the program sponsor and
are solely those of the presenter the board of County commissioners of bravard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any in all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public
during any such period