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n e e e a pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liberty and
justice for all and now call this meeting of the bav County Board of zoning adjustment for March 19 2025 to order Mr Bodie from the planning and development
office please describe the function and operation of the board of zoning adjustment to our applicants and the audience yes Mr chairman excuse me the board of adjustment is the Quasi judicial body established by the board of county commissioner under chapter 62
Article 2 Division 4 of the bavard county code the board of adjustment is empowered to hear request for variance to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9 pursuant to the Florida rules of appellant procedure any person or
persons jointly or severally agree 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 Miss chairman you have five items on your agenda today
thank you would our vice chair please explain to the applicants in audience the statutory definition of a hardship you bike got it in order to authorize any variance the board of zoning adjustment must find
all of the following factors to exist number one the special conditions and circumstances exist which are not applicable to other two the special conditions and circumstances do not result from the actions of the applicant
three the granting the variant requests it will not confer on the applicate any special privileges that is denied by the provisions of this chapter to other lands building structures in The Identical zoning classification four the
literal enforcement of the 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 constitute unnecessary
and undue hardship on the applicant five that the variance granted excuse me is the minimum variance that will make possible the reasonable use of the land building or structure six that the graning of variance will be in harmony
with the general intent and purpose of this chapter and that such use variants will not be injured to the area involved or otherwise detrimental to the public welfare thank you I will now address our board members the applicants and our
audience regarding the board procedures for today's hearing the board of zoning adjustments as a cruiser judicial board with members appointed by The Bard County Board of Commissioners will utilize robit Rules of Order to conduct its proceedings the chair is asking all
board members not to ask questions while the applicants are making their presentations once the applicant have completed their presentation we will begin board questioning with the board member who represents the applicants District when concluded questioning is
opening to the full full board the chair will recognize each board member in turn once all board members have completed the questioning we will then open the floor to the audience who may be here to speak concerning the applicant 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 the meeting instead we're asking each speaker to be concise in what they have to say it's 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 a dress card please fill it out and return to the
clerk are there any questions regarding these procedures from the board members are there any questions regarding these procedures from the applicants any questions from the audience seeing none we will move to our
next order we will go to the meeting minutes any changes and motions to make no no changes I make a motion that we uh approve the meeting minutes as presented Mr second Mr hoffen made a
motion and it's been second by Mr humberg all in favor all all thank you Mr bod may we please please have our first applicant yes we'd like to request that the first application Timothy Scott
ganton which was heard at the last meeting on uh November 19th I in February sorry February 19th uh be moved to the very last of the meeting is that fine with
you yes okay item number two H2 then will be our first item Matthew S and Gretchen s solar uh requests three variances of chapter 62 article 6 bouard county code for offence wall in an ru- 1-7 zoning
classification application is 25 V 0000001 located at tax count number 37937 in District 3 are the applicants here come to the podium
please hello hi good afternoon can I where you in please yes it's s where to tell the truth the whole truth and nothing but the truth I do thank you your name and address for the record please uh my name is Dan Co of Lifestyle homes uh the address is 3453
West New Haven Avenue in Melbourne okay you can present okay uh good afternoon members of the board my name is Dan co uh we are here on behalf of Matt and gret and solar to formerly request a zoning variance for offence that was
constructed as a direct response to bravard County's building code requirements for fall protection the purpose of this request is to address a discrepancy between the building Department's approval of site conditions in the zoning Department's interpretation of fence height
restrictions under code 62- 2109 can I present you guys with some documents yes thank you uh the first few pages are the approved site plan and lot drainage uh for the house uh pictures of the wall
and fence and the certificate of occupancy the site plans were thoroughly reviewed and approved by the building department and the zoning division these plans include the following key elements two retaining walls along the side property lines that meet near Road level
in the front and taper downward behind the house toward the river the lot was filled and graded resulting in a finished floor elevation where the top of the retaining walls are a minimum of 6 in above the finished lot grade this was necessary to ensure proper
drainage once construction was completed the house underwent all required inspections passed final review and was issued a certificate of occupancy uh next paperwork you have is the Florida building code 8th Edition section
r3121 through r3121 point2 prior to scheduling the final building inspection an additional permit was obtained for offense to satisfy Bard County's fall protection requirements as per the Florida building code e8th Edition section
r3121 through r3121 point2 uh R 3.12 r 312.50 is measured vertically above the adjacent walking surface the retaining walls created an
elevation change exceeding 30 in thereby triggering the mandatory requirement for fall protection per Florida building code 8th Edition section R 31211 however upon attempting to finalize the fence permit it was flagged under code 62-
2109a which restricts fences to 6 feet in height in residential zoning classifications uh the next paperwork you have shows the fence permit uh the hold that was placed on it and the code 62- 2109 the zoning restrictions cited under
62- 2109 pertains to fences walls and other obstructions however this fence is not an obstruction it is a mandatory safety structure required by the floridity building code 8th Edition section r3121 point1 some key
considerations uh saf compliance versus zoning limitation the building department required the fall protection fence due to the retaining walls the zoning department is now restricting the very fence required to meet County and safety standards direct conflct between
regulations the Florida building code explicitly requires fall protection for any drop over 30 in the bouard County zoning code 62- 2109 limits fences to 6 fet effectively making it impossible to comply with both regulations simultaneously
Bard County mandates compliance with the Florida boating code meaning the fence is not an optional structure it is a legal requirement uh code language does not apply to this scenario 62- 2109 limits fences to 6 feet unless otherwise permitted by
zoning however this section applies broadly to fencing used for privacy property boundaries and Aesthetics the fence in question is not serving as an obstruction but rather as an essential safety feature due to the topography and retaining wall drop off precedent and consistency if this
variance is denied it sets a precedent where Property Owners cannot meet both zoning and Building Safety requirements simultaneously the county Zone approval process allowed for the retaining walls which necessitates this fence uh given the facts presented I
respectfully request approval for this zoning variance on the following grounds the fence is not an unnecessary obstruction but a mandatory safety measure required under Florida building code 8th section r 312.50 customer uh prior to stepping up
here provided um six letters of support from Neighbors in the area could I also provide those to the yes board thank you can we get those back after the for our file records and uh before I leave
the stand if I may um so if you can see in the pictures the the lot was filled in so the fence is although it's a it's tough to deter interpret the the code but the the lot is even with the
retaining walls so the fence even though the fence and the wall are over six feet it's not six it's not it doesn't go over that from the customer's property okay thank you thank you I see that this is in District three Mr
humberg Oh Come Back Sir we're not finished I'm sorry that's okay this is in District three Mr humberg would you take this this is when the bad stuff happens yeah I was at the house actually yesterday I live right down the street and uh very nice fence I like the
fence thank you uh you don't have a rendering of the rest of it what it's going to look like when it's done the fence that you're going to put up it's complete yeah see it's in the pictures yeah it's are you having a wall
across the front of house no it's it's fully complete yeah it's all complete the way it is now yes sir okay I have no problem question question yes um just just to kind of summarize
things the two adjacent residential lots are at slightly different levels that's why there's a retaining wall correct uh more yeah yeah it was the lot was built up for the house structure how high is the
retaining wall on the low side what what's the exposure approximately on the the lowest side of the retaining wall yeah uh guess a couple of feet couple feet yeah I mean the there's a I believe there was a photo but it's passed on and
and we did shoot uh our surveyor shooted elevations um so we do have that documentation as far as showing that but the lot you have the road here oop sorry and the original lot like sloped way down like this to the river so that the retainer walls are put on the side
property so the the lot could be built up and then that's where the finished floor of the house sat okay and the the fence so the the top of the retaining wall is essentially level yeah that's that that's the final grade of the and what's the height of the that it looked
like an open picket kind of fence iron it was how tall is that above the above the retaining wall it was perimed for 4T so that's so it's 4T yeah and plus 2 ft exposure possibly on the retaining wall in some areas yeah it was the the code
requirement for the lot drainage was a minimum of 6 in uh from the grade to the top of the wall some areas it's like that and then toward the back it it uh before it Ste down we have higher elevations in that area what's tallest there um oh just approximate two feet
two feet yeah yeah that's fine so the fence essentially is 6 feet higher than the lower lot so summarizing it the customer's lot it's it's lower than it's at six or lower but if you go to the other side
it's eight then it's much taller yeah so in some areas it would be 10 and it's open to see through I mean it's RW iron it's visible through okay thank you thank you Miss Clemens no questions okay I will only say I see you have six
letters of support so the neighbors are okay with this in the neighborhood as far as I understand correct okay no other questions thank you wait just move to the side for now is there anyone in the audience that would like to speak
concerning this variant okay move to the side please have a seat have a seat right in the front right in the front Okay you may come up please oh
boy can you state inside the microphone your name do you swear to tell a truth the hold truth or nothing but the truth I do okay your name and address please for the record I'm Chris janiro I'm on the south side of the said wall in question okay uh address is 9065 US
Highway 1 thank you I'm going to address the southide because that's what I'm looking at okay um from my side okay okay so my qualifications are I've been a general licensed general contractor for over 40 years I operate construction
companies and 3,000 plus projects completed over that period so I'm speaking from a construction view okay all right so we start with the surveys in the M I'm sorry I I have some pictures
also and the reason I'll show you this one first is this is the original Lots mine his the neighbors he's in the middle here this is during a storm when the water comes up over our seaw walls
that's just just for reference we wouldn't be here I don't think uh if the wall was built to the approved plans that were submitted and approved by Bard County it's not the case
um original surveys to the final surveys much discretion I was uh at the time redoing my backyard pool project I had to run into all the restrictions the fencing all this type of thing I was
restricted to be from the river 20 ft back per DNR nothing can go within 20 feet seaw walls were grandfathered in mine his the neighbors there's a seaw wall that runs all the way down the river that had been there for 50 years DNR
said we're grandfathered in can't touch them can't build anything concrete within 20 ft of them can't raise them can't do any of that so addressing the back 20 feet uh I think there's three three they're applying for
three what adjustments yeah the back one shouldn't even be there there should be there's no reason for a fence there's a there's a block wall that sticks up 4T goes right to the river uh I contested that when it was being built with the
inspectors they agreed it's not on the plans it was never approved Footers poured block wall put up and I thought from day one that wall was coming down so I proceeded with my plans wall stayed there nothing happened I adjusted my plans I couldn't
put a 4-foot fence next to his for foot on the property line to to conform to barriers pool barrier restrictions I have have a 4-ft fence to to keep anybody from coming into the pool area so I moved mine 5T away because I needed to finish my project the wall was
still there this picture let me get a couple of these out of the [Music] way this picture is my construction being uh my construction being I'm in the middle of construction
they put the walls up on either side and they're filling the Lots this is the back 20 in question I had to move all my project away from the existing seaw walls his is here mine's here so that we could clear the dnr's restrictions my
drainage could not be any higher than that existing s seaw wall so I had to conform with that and be lower than the seaw wall with my approved drainage engineered it was approved finished product this is the finished product with my drainage Swale behind my
existing seaw wall and this is what I'm referring to um with the block wall the 20 ft block wall under construction this is the back of my project I moved all my stuff in 5T to keep clearance away from
the wall so that he couldn't step over yeah I've got to keep four feet to mine this was the original wall [Applause] finished product getting mine this is uh the rear
of the properties where we AB each other this is the 20ft stake that nothing can be uh closer to now there's a discrepancy with the 20 ft that I'll go over in a minute too here's what we're looking at today fence after fence after walls
after fences this is what I'm looking at from my my side to his wall was uh designed as a mono mono mono wall to be the carry the strength to hold the load of the the weight of the dirt as the dirt gets wet the weights increase by three times
therefore exerting more pressure on the walls so when you build a a retaining wall it's got to be mono monolithic all like one piece to carry disc scint per the engineers as they pieced it together that it started
splitting we called it to their attention this is in the front now and they went ahead and fixed it that's what I'm looking at today this is my front yard with the original wall I say the original because it got a lot higher
that was the original wall not too bad five 6 ft my new yard somehow it grew we were looking at something about this side now it's two and a half blocks higher don't know how that
happen this is the view out of my bedroom talk about drainage a little I know it's a little off topic but I'll be quick all the water from this lot washed in flooded my my house my septic um it happens called everybody for
emergency help still waiting for a return phone call but nothing happened we moved out Satur tree went over onto the house because of the flooding had to remove it after we dried up the front yard that's what we're looking at all this
dirt came from this around the wall washed in onto my new new yard it was a new yard that's uh October last year when I called this was yesterday still Lumber still yeah
disgusting anyways here's my finished product on my side his house was still under construction so this picture's you know months old so going through all those
pictures I don't know why in the back we still have a wall there I brought it up to everybody nobody seem to care somehow on the final surveys the prop proper or the existing wall
elevations are on the final survey but in no other survey that I searched were those ever called out original plans permit showing no Footers or walls going out to the to the
uh River they claim drainage nothing changed you can TR change any drainage I guess if you build the way you're supposed to the first time you don't have to go in for a variance um when they permitted the wall it states right on the permit that you got
to have that rail for safety anything over 30in drop as he he mentioned got to have a safety rail for and they'll be dropping on my property so I agree with that but I don't agree with them raising the walls high as they did they put a
4ft fence on top of that 32 in fence would have been fine per the statues um I don't know why their choice I guess um so I'm looking at 10 ft plus you saw the pictures just bring one more
reference there side all finished finished top everything they would see you saw my side I brought it up they said don't worry about it you got a complaint go to bravard County building department
because I guess they you guys are whoever approves black wall as a finished product I don't know been looking at it for two years I don't like it it's his wall I can't do nothing about it um it it's
terrible it's hideous changed our life drainage the wall leaks water comes right through it always he hurric yesterday or the day before for 20 minutes and I had water coming through the wall so even if we do try to finish that wall somehow it's not going to it's
not going to work because the water weeping through is going to calcify peel paint pop stucco whatever type of finish you put on it the wall should have been waterproofed it was not so I'm sure the other side's the same but I won't speak for that side because I live on the South
Side one more point the the back 20 again with that those walls coming through when we get a storm and I've been there 12 years I think that water comes the river comes right up over the walls and the current
goes north and south 15 M hour not a problem because it'll run right through that lower area of all our properties I mean it's a problem we all lose our docks you know constantly that type of thing um when you put a dam out in the middle of that when that storm happens that
water is going to hit the side whether it's coming from the north or south and go shoot straight up towards our houses it's going to be like a a funnel hasn't happened uh but it's going to so I'm really uh concerned about the back
[Music] 20 that being said I object to any type of variance obviously and uh everybody that comes to our house looks at that wall and says how could you let them do that I didn't let them
do anything it's that's what I'm be looking at the rest of my life and I'm embarrassed and I thank you for your time you're welcome stay right there we have any questions for him please yes uh just to make sure you're on the right side looking at the house you're a house
on the yes yeah South Side yeah yeah I was at the house I didn't even look at yours I was looking at the one well nobody will ever see it I don't know if they've ever seen my side I don't think uh the Builder's ever been on well we had a couple meetings over there but they're not looking at you know issues
like that ahead I have so my question is the variances that are being applied for are they for the north side side both yard or or the Southside sidey yard it's
being applied for it just says into the front set backs into the um permitted for the overall height and into the um 20 foot rear set back along the river so it's applied into both so both both side side Lots I I'm
just trying to that there's walls down both sides yes and he's asking for a variance for both walls or I'm sorry no no go ahead please it it's to the front 20ft setback
it doesn't call for it to be on either side it's to the uh maximum height required over the maximum height required and then it's also for the 4 foot in the back so it isn't calling it out for the north north or the South Side so
those walls aren't part of this variance no they are they are they are okay okay thank you sorry question I just want to make sure I understand when you're saying back 20 you're talking about the the 20 ft
closest to the river ours okay any other questions for him so I just want to sum it up so when you you're saying you you don't like the wall because from your backyard it just looks hideous correct is that what you're saying yes okay are you also
saying because of that wall the water and everything is coming on to your side of the property is that what you're saying not because of the wall just natural gravity causes the wall is porest water goes right through it it's block okay so and are you saying when
they put the wall there they didn't waterproof it that's why the water's coming on your side cor yes okay has there been an inspector from the county out from any reason constantly for all the project where they built over the last year and
a half and are there any reports on the wall do you know I have no idea nobody knows this is uh really first complaining about it so I haven't been calling code for you have been
complaining about uh no not the water that type of thing no just the the looks of it but and the the the fact that there should be none in the back 20 so the uh the actual flooding you're you're uh telling us about there has
been no you have not reported that in any way to anybody not yet no not yet other than to the Builder which no response would you mind just holding up your photo again of the wall you said it was
separating would you like all these I don't need them we will need those for the record since you show yeah okay you won't get them back that's fine that's oh thank you I got can I ask a question sure your um
your issue with the wall is not just the construction of the wall because you're nervous that it's going to end up ultimately failing it's going to yes okay and then you're possible coming my way okay right because otherwise yeah it's not an issue
and your possible resolve to this would be not a four 4 foot fence on top of that you're saying just to meet the requirements the six well the requirement for a drop off is a 32
in guard right rail fence the block wall has already been raised above on their side addition blocks yeah maybe this far or it varies where the driveway comes in um and then in the rear it's sticking out already that high okay so I don't
even know why there would be required fence there anyways but the wall shouldn't be there regardless in the back back in the front if you're standing next to the wall and you've already got 2T barrier you really only need 32 total you could do a fence this High okay to conform towards that so
you're saying in the back there's really no need for a fence because of the height there shouldn't be shouldn't be anything in there at all I have to have one for barrier requirements but is that code or is that not code our code requires it to be only 4
feet high in the 20 foot uh setback off the river so that was how the Builder built it though they put the fence on top of the wall so that it's over that so they got a 4- foot fence on
about approximately three High yeah that can you repeat what you just said your code required the zoning code requires it to be can't be over four feet high in the TW in the 20 foot setback off of the river okay and then
they put the fence on top of the wall so that it is over it's I think another what four feet four feet high so so where does the discrepancy come from the requirement to not be greater than 6
feet because is it because these homeowners want the fence no I think that it was the building code requires it if you're going to have something that falls off over a certain height you have to have a handrail to keep people from falling over it okay uh the not a
for the contractor was stating all those State codes about it he can go over it more with you again so let me just make sure we're clear so in this picture this is what you're looking at yes this is what you disagree with
yes because of uh the wall shouldn't be there at all and when you say the wall you're referring to this any concrete within the concrete okay not the black fence well the black fence is irrelevant you won't you won't need it at that point and really doesn't well he doesn't
need a 4ot fence the way that's standing right now anyways cuz you couldn't fall over it it's not a level walking platform you'd have to be 32 they would measure from the inside of the wall down for a total of 32 blockade but again I don't think the wall would be there at
all I don't think it was ever permitted I I don't know it just it was put in there right from the beginning okay and uh just not permitted so I don't know where it came from okay thank you any more questions for this
gentleman um no okay let me just put that on the Mr Humber I'm good you're good thank you thank you um any rebuttal any rebuttal yeah the applicant come up
please excuse me m chair I think you have other comments out in the audience oh I'm sorry oh come up to the podium please I didn't see you there state your name please and address
for the record hi I'm Heather weeks 9035 U US Highway 1 moo I am the neighbor to the north do you swear to tell the truth the whole truth or nothing but the truth yes thank you okay so Lifestyle homes and Mr solar
built the wall to code this is the finished product shortly after inspection they cut down my 30ft Sable Palm Tree why was it interfering with the code wall no it was interfering with
the wall they planned to build um lifestyle has a pattern of not asking for permission but for asking for forgiveness this is the finished product this is
what I look at every day the wall leaks as evidenced by the moisture here it's hideous it's terrible um so after he passed the inspection he they had men
come out on the weekend and increase the wall by three cinder blocks I called the Builder and was told by Carl at lifesty homes once we pass inspection we have no control over what Mr solar does I also have
text um he continued to go higher blatantly disregarding the code which are put in place for a reason on October 9th we were hit by Hurricane Milton to the best of my knowledge my house is never flooded in
over 75 years um before the wall we had far worse hurricanes on October 9th my husband and I watched as water poured through the wall under the wall around the wall the water
Mr solar plus mine had nowhere to go um gravity brought it to my side um it came up through my Foundation of my home and flooded my first floor this is part of their repairs this
is the finished product I see elements there it's leaking and that's your repair the screws are already falling out that's shameful um we had over $150,000 in Damages and we hired a structural
engineer he stated in his report that the cause of the flood was partially caused by the neighbors new wall this is my downstairs afterwards this is my first floor afterwards this is my first
floor our flood insurance denied our claim based on that fact this was 2 weeks after the hurricane and water is still pooled around my house this was the day of October 9th that water is not from the river it's
from Mr solar the wall isn't it's unsightly it looks like a prison wall it's it's not structurally sound in my opinion it's held together with brackets the water comes through the
Block in order to protect my home from future catastrophic damage this is my investment this is my house um I respectfully request that a variance not be granted and I have the structural engineers report where on page
11 it says the addition of a new retaining wall at the neighboring property kept the hydraulic line of water elevated for an extended period of time once the flood waters receded differential settlement
occurred and I'd like to say that all the neighbors are here so I'm curious as to what six neighbors signed letters of support because it wasn't the neighbors thank you thank you
I have a question if you don't mind of course sure are you you're looking at the house in question you're on left side correct to the north the blue house right yes yeah and the wall is in front how far from that wall to the bottom is there is there a garage there you have a
garage or no we do have a garage it's on the north side of the house though right but on just looking at the house in question at I think it's 9 4 945 the fence goes this way and there's a wall and then there's your house that sits
down a little bit it's and looks like it's about 20 ft down to the bottom yes so does that area ever flood it never had before and it does now it does terribly now the it stays it doesn't drain it stays there for weeks afterwards we never had that
problem do you have a wall a seaw wall in the back we have a rift WRA oh you do okay yeah we've never had any I couldn't see that far so I wasn't sure okay thank you sure thank you I had a couple questions
this we'll we'll take it we need it for the record any you won't get it back that's okay yeah thank you I'll try to remember I didn't I didn't have a pen to take notes but you said the screws are falling out what
what did you mean by that in the wall picture it's held to together where there's parts that have failed they've come out and they've put like brackets that go on a door I don't know it's not working I've never seen anything like it in my life it's not it doesn't look like
a professional job I could have done a better job so blocks fell out of the wall no or or failed failed the the water was coming through it it still is I mean you can see by the the photo you
you mentioned that they took down oh I see okay you mentioned that they took down your Sable pal it was on your property yes no they did not have permission and in most counties sable
palms the state tree are protected and you need a permit yes I I don't know I just that if it was on your property it was that's concerning I had a third question but I didn't have a pen to make note so we'll let you go with two thanks
any more questions for her thank you thank you thank you any other Witnesses in the audience any other neighbors in the audience you may come back up please so just to First fresh in my mind
this I when I I'm the construction super that built the house uh I took this job over when the walls were oh Sor you said you built the what I was the construction supervisor in in charge of building the home okay uh but I took the job over once the wall most of the walls
were up so regarding the tree I'm not aware of that um but I would certainly be willing to investigate that with my my company um so just keeping on topic uh the wall has the variance is for the fence the wall was part of the home
permit so the house was permitted with the walls the walls were built to code on the on the original lot drainage plan they can't exceed six fet we were within that uh so prior to we received the certificate of occupancy the house was
final building inspected everything was inspected good to go but back to that code where if you exceed a 30inch fall you must have fall protection so the customer had a fence company permit for the fence to go on the wall for fall
protection so the variance is regarding the fence not the wall uh however and speaking with Paul and and Zoning it it's kind of a gray area because the fence is viewed as an extension of the wall so even though the home's good the
CO's there everything's in place the variant for the fence because I guess on the outside of the outside of the wall exceeds the 6 feet that's why we're requesting this meeting although on the inside of the wall on the customer's property uh were not exceeding the 6
feet and I think it was within 20 foots that back of the road and the the high mean water line that you couldn't exceed four feet so how how did it go from that to that then what uh could you tell me what that
was when she stated that it was the original this is when the first original wall and then the the the the Wall's inspection passed it's not complete at that time and I'd have to I mean I can't speak in that because I don't know the date of the photo and I don't know the date of the final so you
have several inspections for the wall you have a footer inspection TI beam inspection before they pour it solid and then uh the final inspection at the end where they approve the the final product so was lifestyle responsible for the increase we ultimately built it yes but
we like it like the uh plan States you can't you just can't exceed 6 ft on that and my question is did you come back and repair this damage that was done to the wall yes ma'am okay I'd like to address the uh uh board
there is a different building permit that was completely for the retaining wall so it's not part of the house PL okay thank you Mr B and then they came back as the wall needed to have the
fence there's another building permit to add the fence height to which is really just a handrail to keep people from falling over but there's two separate permits that were done for both the retaining wall and then the fence on top of it and both of them approved and pass
no the fence is waiting right now for y all's verdict of the uh variance wall the height the wall is final so so the predicament is if he didn't put a fence up you know he wouldn't necessarily need
to however for safety and and to meet the 30in fall requirement it's a necessity okay thank you know other questions no
okay thank you thank you Mr Humber nobody's going to like this but I like to make a motion at this time time to disapprove this variance that's depicted on the survey provided by the applicant of 1223
2024 and this is actually predicated on the fact that um in order to authorize a variance uh we must find all of the following factors who exist which we read before we started and number six
specifically it says uh the purpose of this Charter and the variance will not be injured to the area well clearly if two houses are flooding the wall and the fence are injurious to the area as well as uh two and three we could also
predicate some facts on those too but uh uh that would be my my opinion on this so my motion is to disapprove that's I you're um yeah please speak into the
mic whenever you um no I I just think we should have a a shorter more summary um motion just to disapprove and then we can discuss the reasons why I that is a reason okay we discuss that after it's second but you
had to predicate this one something and it during the discussion we have a motion I am out of order okay we have a motion on the floor right now to disapprove this variant by Mr humberg how does the board do we have
a second do we have a second to disap to disapprove the variance I'll second to disapprove yes it's second by Mr Hoffman all in favor of disapproving his variance do we have discussion do we have discussion this is
where Steve get okay discussion I know my reasons have been stated with the variant where make sure your mic's on you're speaking into the mic so that we can pick it up again again I'm out of order no that's all
right Mr humberg has denied the variance we have a second by Mr Hoffman and the whole uh the variance the disapproval is predicated on uh the um um the factors I mentioned previous
that it is injures to the area um there are special conditions uh I I don't believe they have all been met nor do I I feel that it's good for the area uh I'm a little above here because I've been to the house and I've I've seen
what it is on both sides so I know maybe a little bit more but uh uh if two houses are flooding and they were not flooding prior to this I don't uh I don't feel this is acceptable want to speak in the audience
H she requesting to speak in the audience although I will say my disapproval you could go two ways with this because this variance is uh for the fence not the wall right but still the
fence sit on for the total height of the fence wall huh it's it's for the height exactly it could be small could be shorter yeah but the point Still Remains that the whole structure itself is causing problems for the area
so do we let her come up I concur with um Mr homberg that number six this is from everything we've seen it's obviously injurious to the the uh area involved and detrimental to the public welfare so I'm I'm that's why I seconded
the motion okay now we publicly take a vote all in favor for the variance say I all in disagreement it was it was a brought up to be not approved correct so that's what you need to have for the
non-approval of it correct for the board everyone that disapproved this variance say I I I okay this application for variance is this denied Mr Brody can we have our next case please
yes item H3 Barry and Sandra Clinger request variance chapter 62 article 6 Bard county code for an accessory structor carport and storage building in an Ru I mean an rr-1 zoning classification variance application is
25v 00002 located at tax account 2300 560 and district one good afternoon afterno do you s to tell the truth the whole truth and nothing but the truth yes ma'am I do may
I have your name and address for the record please yes ma'am my name is Sandra Clinger my address is 2680 Bobcat Trail and Titusville um here today to request a variance to legitimize a
25-year-old carport I'm going to give you a quick history we purchased our property about 9 just like 9.13 Acres uh in 1999 we contracted to build a home with a licensed contractor we also uh engaged
a barn builder for a horse barn and this carport in question that's I'm asking for the variants for to house tractor horse trailer and all the implements it takes to take care of N9 Acres it's a lot of equipment uh we are licensed
contractor applied for a permit um successfully received this permit that was in June of 2000 submitted the site plan based on a survey of the property uh and
the permit was finalized and issued in August of 2000 we went back and through the um Legacy permitting online was able to pull up the finalization of that permit so in the interim it's been 25 years
we've applied for a pool permit never heard a problem with this we applied for a house expansion in 2010 we did some renovation work on the house never knew there was a problem with the structure come to uh December of last year we decided we'd like a nicer
chicken cpop so we had a survey done on the property and that's when we found out there was a problem with where that existing structure was because I asked for the survey person to be sure to Mark the property boundary where we were going to be doing work to be sure we
could St back from um the property line so uh looking back at it um you know the questions were how how did it happen it was approved by the county um and I think what happened my best guess is that the survey crew submitted a
survey correctly based on the plat for the property which included a 10t utility setback on that side Lot line which did not equal the 15 feet setback required
by zoning so I think that's where we got into trouble but when we looked at I went and requested all the background documents and the contractor built it exactly where they said they were going to build it on their site plan and so when that got
approved we had no idea we were not in compliance um until now so that's what we're just asking to legitimize that existing structure and we now know going forward to make sure that any additional anything we have built on the property
would meet the 15 foot on that area if we when we put the chicken coop in it'll be 15 feet from the property line so I think that's it well thank you well this is in district one and I represent district one I will open it up
now for questions Mr Hoffman I'm good you're good okay Mr humberg I'm good oh great okay Miss Clemens than okay he just step aside is there
anyone in the audience that would like to come up and speak against this variance or for this variance as I'm seeing none you can come back up to the podium please will anyone like to make a motion to
approve this variance or disapprove I make a motion to approve we have a motion on the floor by Miss Clemens to approve this variance do we have a second I'll second we have a second by Mr
Hoffman no you can have it I'm sorry Mr Mr humberg second Mr humberg I'm sorry second any discussion no let me read the six points what's the six
point no yeah that's it this Clos sort of in order to authorize any variance the board of zoning adjustment must find all the following factors to exist that special conditions and circumstances exist which are not applicable to others
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 literal enforcement of the provisions of this chapter would deprive the applicant and rights commonly enjoyed by other properties in an identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the
variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting the variance 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 we have made a motion to approve this variance it has been second can we have a vote all in favor of the variance being approved say I I
all this variance have been approved thank you thank you Mr bro can we have the next case please yes item H4 Alexander and Alexandra barboso Boza request a variance of
chapter 62 article 6 bouvard county code for an accessory structure in AU zoning classification application 25v 00003 located at tax account number 24
01413 and district one okay good afternoon good afternoon good both SAR you in do you swear to tell the truth to hold truth or nothing but the truth yes I do can you state your name address please for the records
Alexandra Barbosa 4405 Pepper Tree Street Coco Florida 32926 thank you and your name my name is Alexander Barbosa and your address 4405 Pepper Tree Street in Coco Florida thank you how many be help you today so we are requesting a
variance to build an accessory structure a 30 by 70 by uh 12T High structure in front of our primary residents uh because when we purchase the property uh we began to get quotes for the accessory
structure to be built in the rear of the property and we were informed that the original builder of the property removed the dirt to build the primary residence and buried all the trees in the rear of the property so because of the topographical conditions and also we don't want to block our neighbors view
in their backyards as well we would request the variant for the accessory structure to be built in front of the primary residence on the right side uh we ALS also discussed verbally with our neighbor on the right side about these plans uh we did not get a written
authorization from him but he uh let us know that he is okay with that as well but that is all we're asking for okay we will now have questions Mr Hoffman any questions for
the applicant uh no ma'am no Mr humberg what kind of accessory structure it will be a metal structure uh steel and aluminum and it's going to be used for storage of uh for land use equipment and you know where we want to have chickens
and things like that chickens yeah you don't want to pay for the eggs right no thank you okay well that was my question for you as well I wanted to know what you were building and why thank you Miss Clemens what's the setback for the so we
are going with the setbacks uh that are set by the zoning department which is 25 F feet in the front and uh 15 feet from the side okay any more questions I see none you may step aside is there anyone in the audience that would like to be for this variance or against this variance
can you come up to the front now seeing none come back please can we have a motion on the floor to approve or disapprove this variance please make a motion a motion to approve Miss Clemens have made a motion to
approve this variance Han I have a second I'll second Mr Hoffman second it I will read the six that wasn't Mr Hoffman I'm sorry I keep calling you Mr Hoffman apologize can Mr humberg I apologize for that thank you Mr
bro I I would now and it's Bodie B bod bod sorry don't charge my heart forgive me I will now read the undo hardship in order to authorize any variance the board of zoning adjustment must find all of the
following factors to exist that special conditions and circumstances exist which are not applicable to others that the special conditions and circumstances do not result from the actions of the applicant that granting this variance requested would not confer on the applicant any special privilege that is
denied by the provisions of this chapter to other lands building structures in identical zoning classification that literal enforcement of provisions of this chapter would to brive the applicant of Rights commonly enjoyed by other properties in identical zoning
classification under the provisions of this chapter and constitute unnecessary and undo hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the
variance will be in harmed with the in general intent and purpose of this chapter and that will such variants will not be injurious to the area involved or otherwise detrimental to the public welfare a motion on the floor to approve
we had a second all together I I I I this variants have been approved thank you Mr bod may we have the next one please yes chairman item H5 Daniel T
Harrison request variance of chapter 62 article 6 bavard county code and accessory structure in the tr2 zoning classification variance application 25v 00005 located at tax account
2310 979 in District 1 okay another atic one is you good afternoon hi good afternoon um this is
my brother Daniel the signs I'm his sister Teresa okay well I like and I'm gonna talk for Daniel today um because we we don't have an interpreter with us that's fine just speaking to the mic and
I like like to swear you in please okay yeah do you swear to tell the truth the whole truth or nothing but the truth yes I do thank you can you state your name and address for the record please uh as well as for your brother okay my name is Teresa levicy uh my address is
5011 Dixie Highway Northeast uh a405 PM Bay Florida 32905 and it's my brother Daniel Harrison his address is yeah 5946 Cedar Lake Drive Coco Florida
32955 thank you or oh 329 2755 is my mom's Z code okay than our mom how can we help you this afternoon um so we're here today um Dan inherited our grandparents property um
after both of them had passed away uh Daniel has lived there for a little over 10 years now um my grandparents our grandparents wanted to make sure Daniel had a place to live so they left them their home um and we wanted to say we
appreciate your time in listening to us today and reference um to Daniel not having to remove his shed and carport that is on the property um our uncle our great uncle and our grand grandfather built this shed in
carport uh about approximately 35 years ago and it's been there ever since uh it's the same structure it hasn't been changed um the structure itself has been documented on the property repairs's
website um and uh within the tax or each year's tax assessments um and I'm sorry my notes are terrible I didn't know what to expect today okay um just wanted to give you a little apology there um Daniel's
here to request that the variance be be approved as this area is a place that uh Daniel uses in his everyday life um removing it after it's been there for over 30 years would be a hardship on his
life um and I say this because Daniel uses this area in his everyday life um and when I say that I'm talking about tinkering with things you know guy things
um Daniel he is disabled as you know we talked about I'm not a I don't use sign language every day so that's why I'm talking to you and Daniel knows everything I'm saying we've already talked about it so just so you know why
I'm not interpreting as I'm speaking I'm not great um so uh and the reason why I said that is that how it would affect his everyday life is Daniel had a stroke about six years ago and since then he
hadn't been able to continue the kind of work that he was doing before he worked outside um working on fiberglass for boats and he they has to have a breathing mechanism to use with the fiberglass and he can't take the brakes
as needed the heat gets to him so with the shed and carport area he Tinkers out there he collects scrap metal and breaks it down and he can do it in his own time so um so with this shed um in carport area
that's where he keeps his tools his lawn equipment in all of his fishing gear I won't even go there [Music] um um and that's it we just wanted you to hear you know um we just believe that
this has been there for so long um unfortunately we can't go back on records because records were um permits and so forth I was told were destroyed in a flood like back in 1990 so we don't have permit show we just have to show
that it's been there for 35 years you know we have pictures showing our grandparents and uncle and our great uncle working there and it's just been there and we would ask that it be approved for it to stay for him okay thank you thank
you okay questions from the board none for me none for me no questions for Miss Clemens no question for Mr humberg Mr Hoffman no questions okay well you're in district one that's my
district did your brother read lips very little um de's considered death mute uh his intellect level standing level is at a second grade level so um we I break down things for
him so he can understand it so I'm just going to um reiterate that this is the property that was left from him for him from your grandparents um you couldn't we couldn't find anything the staff couldn't find any building permits applied for the
structure it's been there for over you said 30 years yes okay approximately 35 years cuz the pictures we have from when they were building it um you know way back correct with those Black and Whites and then others they have the
dates on the front and then there's dates on the back and all of the dates are 1990 and 91 okay well let me now say let me just ask you to step aside I want to see if anyone's in the audience to agree or disagree for this variance if
it was to be granted as seeing none come back now I would like to know how the board would like to vote I vote to approve we have a vote to approve the variance by Miss Clemens can I have a second
please Mr humberg second it and now I would just read the six undo hardship that special conditions and circumstances exist which are not applicable to others that the special conditions and circumstances do not result from the actions of the
applicant that granting the variance requested would not confer on an applicant any special privileges that is denied by the provisions of this chapter to other lands buildings or structures and identical zoning classification that literal 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 and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the
reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that with such use variant would not be injurious to the area involved or otherwise detrimental to the
public welfare we had a motion to approve we second a whole vote from the board say I I this variants have been approved can you let him know that has been approved
Daniel okay yes that's what I was explaining to him so he can understand why he said thank you you're I CAU you got thank you so much you're welcome Mr bod may we have our last yes item H1 Timothy Scott Ganon and
Denise Irene Ganon request to very es of chapter 62 article 6 Bard county code for an accessory structure in ru- 1-11 zoning classification the application is 24v
00000051 located at tax account number 2417 445 in District 2 and this application was continued from the previous February 19th vaa meeting
okay good afternoon hi hello uh do you both swear to tell the truth to hold truth or nothing but the truth yes ma'am may you state your name and address for the record please uh Denise Ganon 285 Diana Boulevard Meritt Island Florida 32953 thank you Timothy Ganon 285 Diana
Boulevard mered Island Florida 32953 thank you you may present your case you want me to yeah because we just talked to Mr bod because there are four members again and I think there was a little oh can you speak into the mic Sor the the last the last two times we've been here
it's been a tie and it's when it's a tie they tell us that it goes towards us losing um there's a four member board again so that's a possibility so we went to talk to Mr bod and I guess there's
some discrepancy on what the actual ruling is on that we had to follow what the county Comm attorney says over there so he has the uh control over what are you specifically asking well what is the question for the attorney yeah so if
there's a 2 two vote it's a tie yeah so it doesn't pass if as as in the previous instances okay now you know again the board can entertain a motion
to continue it unless you don't want to uh but you know or you can proceed and see how it if the board would con continue it until we have an odd number
of board members we'd appreciate it okay so what I hear you saying this this afternoon is that you want to continue on this case till we have another board member here present with us is that what you're saying or do you want to present your case today we presented it last
week so we're asking that because it's an even number again and we um we we don't know why it was denied by two of the members last time so we never heard back we have some information you know that we felt that you all were had gotten confused by irrelevant
information so we wanted to make sure that we can present a case fairly to everyone with the factual information and have the opportunity to have to not end up in a tie
okay um I think if everyone on the board is willing would you like them present their case today or do you think it's going to split in another vote I I would defer to the
applicant who would defer to the applicants I mean we can make a motion to continue or we can listen to it today I think it's at their option okay what would you like to do we'll let it be on you do you want to continue it or do you want to present your case today and we
make a ruling today today here call uh we'll take the continuous you take the continuous yeah okay they would like to take a continuous that I make a motion that we continue this application
until Mr bod 30 days or next month or the following month won be here next month she won't be here next month I think sir April 6 okay but then we'll be short of board member again we will be short of board member on April 16th Miss Clemens will
not be here we have alternates okay make sure we call our alternate for next time I mean we have alternates that fill in for excused absences if they're available and
notified so I'm so just a question I mean you don't know in advance when there's going to be five like Dr Bass was here last time but not this time well she was but she fell yeah oh no so we all we just do it say we're com if
if we're not ever going to be able to be guaranteed a three or five then we'll just go ahead and Pitch it now and present your case please all right thank you you thank you for listening okay so we are here to legitimize an existing accessory structure on the
northeast side of our home the the left side as you're looking at it from the front we've been here a few times now so I just want to focus this is the left side roof on the side of our house so if you get confused or if there's irrelevant information presented please just ask the question we're trying to
make sure we answer all of your questions so there's been an accessory structure in that exact same location and footprint for over 21 years we bought this home with this existing situation it was there when we bought the home in the exact same footprint we
had no possible way of knowing that it was a violation it was sold to us this way I went through all my closing documents everything we thought that was legal we had no idea we do have a code enforcement violation from the new owners at 305 Ursa so this brought it to
our attention that there was a violation we didn't even know about this process honestly so we're here to remedy it and make that legitimized so we've done everything the county has asked us to do we filed for a Vaca easement we met with Paul bod and went over this multitudes
of times so the Vaca of easement um was approved last fall the board of County Commissioners and the utilities have vacated and approved for us to have that existing structure stay there we are going through this variance process to get your all approval because again this
process is new to us we've con we've had multiple surveys on that so here we are so just to be very very simple on some of the facts the accessory structure has been there for over 20 years in 2021 we
purposed the exact same footprint which now from a shed to make it a covered Breezeway it is now four poles and a roof not a solid shed it is open on all sides it is not attached to the house it was completed prior to the
owners moving in at 305 Ursa it is not obstructing anyone's view it complies with the neighborhood continuity over 70% of Diana Shores has an exu structure on the side of their home it's guttered it drains on our own
yard there's no other place on our property to place this covered patio we enjoy our home as we have aged our needs changed from housing a whole lot of things in a shed distored to enjoying our grandchildren in a covered patio we bought into an existing
structure and this is all part of the regenify shores people are updating their homes their 1960 homes are very side Lot constrained so this is the only place that we can put it and put coverage so we can be in the shade it provides almost 25 degre difference from the
shade to be sitting at our pool to be underneath of that um this structure causes no noise no disruption to view it's a solid structure it's been through two hurricanes recently and it's no problems at all and so we're asking
your approval to keep our existing existing structure modified from the original one but it has been there for 20 over 20 years having an existing structure in the same footprint on the side of our house okay anything
okay any questions from the board yes I do actually okay we hate this point don't we no that's okay we would let's clarify this um you guys been here a long time you know so let's
just get this straight the variances requested are for a large structure along 24 ft of the other gentleman's property now that large structure how long has that been there did you build that cuz it says it was built with no
permits does that mean 30 years ago or the shed was there in the same footprint it went literally to the fence and to our home mhm the was replaced with four poles and a roof in the same footprint and that was
24t yes okay so the structure with 24 ft did you get a permit for that we did not you did not okay and that's where we didn't know anything about this process it was the the structures were already there so we repurposed the structure for
something that was going to be more useful for us so all you did is use uh the structure that was there right did you put new posts in yes yes because they were in the same holes everything and just put a roof on yes sir all the walls are open was there any complaints
prior to that about the structure that was there being on anybody else's property hanging over a fence or anything like that no sir no all right hang on a second don't go away mad no no
please ask so the the current you turn the structure now right excuse me did you turn the structure to no it hasn't same since you've been coming here it has not moved right nothing's moved okay do you have a picture with you
today of it that you could show yes ma' thank you so now you have another area you've built in the back is that true no no we're no not just this one structure
just one for that this one yeah okay there's a side view there's the roof and the PSE same as the previous shed and if I remember correctly that structure is where you have like a outside kitchen and everything in there correct for the
shade for the grandkids yeah okay so you're asking for basically 4.9 of a 5ot variance correct the shed went all the way to the fence M so there's four poles and although it's open the roof goes right to the fence the 4.9
that you see let me ask this again the other structure of that was there prior to putting this roof on did that roof go to the same area yes as the new one yes sir it did okay I don't have any more questions
at the moment but I think I will okay please ask Miss Clemens question Mr Hoffman no okay no more questions from the board step aside anyone in the audience would like to speak for or
against and I see someone in the audience good afternoon good afternoon and I both swear you in it's swear to tell the truth the whole truth and nothing but the roof yes can you state your name and address for the record please Stacy go4 305 Ur Avenue merid
Island Florida 32953 okay thank you and Lawrence Monroe 305 urer Avenue Meritt Island Florida okay and you are for you are against this correct we are against it we are the neighbor that is on the side that the structure is correct and
can I bring forward photographs so that we can kind of clarify the situation and you guys can it answers some of your can't return that's fine and let me just ask you a question so these photographs is this your house or their house that is their house that is the structure we are talking about
that is the structure those photos were taken from the code enforcement file the code enforcement officer took those photographs that is a structure um it's up on the screen as well so the first picture shows you that's a
structure when they were building that structure they knew it needed permits our contractor was working on our house at the last meeting Dr Bass asked did you talk to them about it she said it was an empty lot it was never an empty
lot we there was always a home there our contractor was losing his mind over that structure saying it can't be there that's illegal they need permits for that they're running electric out there that's that can't happen
and so they knew that's they put a tin roof a Cyprus all of that bill ran electric with no permits no variances no anything they I said something to them about it later
anyways so get your points you getting so anyways here's another thing so Mr Holberg I want to discuss what you had asked about the prior structure the prior structure here are
photographs over the years these are from the um property appraisers so if you look in your packet there's quite a few they're not the greatest they're kind of grainy but if you look at them the structure did not go over the property
line that structure it goes to their mid roof line if you look at it now that goes all the way to the front of their house it's double the size it's not the exact same footprint it's double the size what was there and it goes over the property line you can see now it's at
least double the size of what was there and the structure now actually goes onto our property it's like 3 in onto our property property the the and I'll show that as well may I ask you I hate to interrupt you but
uh this is circle and that's the original I GA no that still exists that still ex that's the other point that we wanted to make but the fence is out you see where their pool is but the fence is out here right that's that's the existing so the structure over on the
side that the squares around uh that's the structure that is we're talking about today okay gotcha the reason why I Circle the other structure that circled she's stating that is a necessity for her grandkids to get out
of the Sun that large structure that's circled that's a patio that's a covered patio to get out of the sun it's like 450 Square ft there's sofas under there chairs under there access to the house access
to a bathroom if the grandchildren need to get out of the Sun the pool is right there go onto that covered area that other structure is tucked on the side of the house so you're saying this is a new structure no that's been there the whole time and what I'm trying to say is at
the last hearing it was the reason for this hardship today the only reason I've heard is it's a place for her for them to get out of the sun they need an extra space to get out of the sun cuz the old structure that was there was a shed it was used
for storage now they're saying we need a place to get out the Sun well they've got a huge patio to get out of the sun this structure is not a necessity and can I ask you a question um before we get too carried
away here what exactly is the problem is the problem that they have a patio out back or that it h a minute or does it hang over on your it's on our property it's actually on our property it drained on our
property it's a safety issue it's a hazard how does it how does it drain under your property is there a drain that from down house so when they put the gutters up all of that is on our property and we can show you that it is like there was
testimony given saying that it wasn't on our property but the qu the question I have if they used the same post they didn't use the same post did you see the the shed they didn't use the same post that that wasn't the truth did you see the P
the the picture that we showed you so the the one previous to this one it was it was a shed the old one the old one that was there for numerous years
that was on your property correct it would no it not even it didn't even you're saying this new one that they put up is now on your property what the old one was not correct that one that circled is not no not the circle the one over here in the side you're saying the
old the old prop the old roof that was there you're saying was not on your property correct this this okay so the new one when they put the new one up now that overhangs on your side correct about
three in and three in Mr Holberg the original structure was this MH that was the original structure the structure now the current structure this was the original the current structure goes back here and all the way up here the poster
here here here and here this structure did not go the fence line this structure is not attached to the house Mrs Ganon testified just a second ago that the structure isn't attached to the house does that look like it's attached
to the house I don't know what those right here do we have a current survey that shows that it overhangs there isn't because there were never permits or variances for any of these structures County can I speak to the uh answer that
question sure the current survey states that the proposed addition covered area is one tenth clear of the property line and one tenth clear of the building wall whenever they get if they approve this they'll have to get a building permit
and and have an as built to make sure that it meets that requirement as it says as proposed so that would be prior to a variance no they have to come in if you if you give them the variance they'll have to get a building permit oh I see
what you said I got you to meet these requirements of the tent separation in the tent and have an as belt that shows that by the surveyor right now the survey shows it being proposed even though it is built so he'll have to
modify it if it is over the property line and the question was asked was it attached to the house and the answer was given that it wasn't we it is attached to the house there's a TV set on that wall it's
attached to the house and it goes over the property line are we in the question I ask question yes ask you plain and blunt if as Mr bod says they're going to get a building permit and they're going
to be completely on their side of the uh property line by a tenth of a foot but still no legally that is do you have another objection is there a athetic objection or if if it was like a foot away from their property line and they
had their drainage and it didn't drain onto our property so you're saying even with the tenth of foot you feel that the water is going to come onto your property even if they're back 10 of FO right now it's on our property are the GU they're going to they're going to fix that by a building
permit but if that water does not drain onto your property is that still an objection to you we have we have no objection because it would have been legitimate and legitimized and how could there be an
argument and my only we want to make sure it's represented correctly as has maybe been uh C categorized otherwise this thing is built it's built
to the house it's attached it's hurricane proof it's all those great things well and the only way to currently do that would be for us to approve this variance then they have to get the permits then that's fine okay okay wow what else do you
I I don't think it's I don't think it meets any of the six points well it it doesn't meet it could be placed in the backyard there's if everyone in the neighborhood starts building to the property lines we didn't purchase a home in a zero lot line neighborhood we now
have a house that goes straight to our property it sets a precedent where if other people come in and say we need a place together that's everyone in bevard county that means everyone can start building to their to their property lines and how do you come in and say no to the next
person it's it's about like the neighborhood in in stand corrected it's about precedence okay we've heard that mentioned before and we are actively beautifying and we are part of the beautification but we know the
restrictions before we came it's a safety it's a safety thing like we have pictures both sides sides of their house now they've come in for five different variances but both sides like if you look at those pictures there's on one side a shed a dry sauna a boat on the
other side there's no clearance for people to get through there's screens down there's no there's it it's a fire hazard just reading through the county paperwork for the five for the the six things that you read off all the
time is it the minimum variants that will make possible the reasonable use of the land they already have reasonable use of the land they already have a huge patio they already have a place to get out of the sun all of them the granting of this variance will be in harmony with
the general intent and purpose of this chapter and it won't be injured if this if everyone in our neighborhood doesn't have that there's no one in our neighborhood within 50 houses of us that has something built from their roofline all the way to the
property line if people started doing that there would be no break between houses um I I don't know it's that whole thing of doing things by the book getting a permit getting beanes doing things it's
like build first and ask for forgiveness later I don't think they can answer any of those six questions really and would it hurt the neighborhood if everyone did that yes and I will also add the that yes we
had future plans and now if this does get um approved fantastic but I do not think I will be able I would only say fantastic because I'd like to put a of carport out
there on my vacant part that's parallel exactly where theirs are so I can put my boat trailer keep everything dry it would not get approved the I would be I would be denied for setback reasons safety
reasons and but if it was built already I wouldn't have an issue that's a photograph of the house if you look at both sides of that house going back where is access if someone needed to get
into that backyard it is the shed that you guys granted them the variant for on this side oh the shed over here there's a dry on here that will be addressed at some point and then over on
the other side is that other structure and I know Mrs Ganon said that there was room a 5ft gate but if you actually look at the pictures this kitchen the kitchen you can see the post sticking up in the back
it's right it's right where my finger was where the post was no yeah it's over and that and there's that other Beam on the other side if you open that gate there's not enough room to get a stretcher and everything through there
if they needed and the other side is full I'm just going to read this is from Bard counties this is why there are setbacks in marid and Florida 7 and a half this is from the county 7 and 1/2t setbacks are required to protect residential neighborhoods promote public
health and safety and ensure adequate light air and space between buildings as well as prevent fire and other damages purpose of setback setbacks are the required distances between a building and property lines serve several important purposes and zoning regulations they help ensure the
adequate light space between buildings um setbacks help prevent the spread of fires from one building to another we had a house in our neighborhood you guys heard it heard they had to come before hearings caught on fire within hours
burned to the ground that roof is now literally 7 and 1/2 ft from our house maybe 9 fet 9 ft from our roof line they have their kitchen right there on our property line a grill with a wood roof over
it yeah this is now this distance here is 9 ft to our roof line the edge of that with a grill and a kitchen underneath there that's what we were so we feel
that they can't answer any of the six questions we feel it's not a necessity they have a huge porch as it is and there is room in the backyard that photograph right there shows that there is plenty of room in the backyard right there it's a huge
area where they could have built off that other room back there there is other space that they could have put it then right on the property line they wouldn't need any variances in the backyard if that structure were there they tucked it on our side because they didn't want to have to look at it
unless they were using it they didn't want it in their view okay thank you any questions oh yeah a million oh no Mr Hoffman no
questions Mr humberg no Miss Clemens okay any rebuttal out just to squash any concerns about access thank you pardon original I have original
sweetheart um we had the Fire Marshall and the fire inspection come to our home and here's a letter from the direct Fire Marshall of Bard County that says we have adequate access down both sides of our house they did a test with the gurnie the inspector was out there and this is signed by bavar County fire
marshall he saw no fire hazard most people in Bard County have their grills under their deck and Bar Q There is no further Hazard than having your car in your garage as he put it to me that is off our master bedroom we would never
intentionally do something that is a fire hazard that was signed by Bard County dated in the past couple weeks so a couple other things I never said it was an empty lot I went back to the to the um YouTube
video I have times if you'd like them the lot was dirted they were not moved in this was complete prior to them moving into their home next door we wouldn't be here if they would have gotten their variants the
first time I sincerely apologize that you've been brought into this drama this has become a personal vindictive from them and not has anything to do with bavar County policy they walk out their front door and see the exact same code
violations that we have with multitudes as you drive through Diana Shores three houses across from them have the exact same carport a very prestigious person in our entire Bard county has the exact same thing they have told a mutual
friend of ours don't worry we won't call on you and it's three times the size of our boat roof but we got called on and we're the only permitted boat roof in Bard County at this point and I'm sorry to bring up drama but my patience level with the personal Vendetta is beyond and
hate to put you through that you listen it to it with them so I feel we need to rebut I'll make this very brief so that was a mutual friend who told us she said she won't call on us my husband went over there after this was done and they moved in and said what gripe do you have
we got the letter of code violation we're here because they wrote us up on code violations because the day that they did not get their variants written from their iPhone I have a copy of it we got a copy of the code in VI violation my husband went over to talk to them and
said said what problem do you have with the roof I'd like to fix it what is the issue they literally looked him straight in the face and said we want to cost you money and watch you squirm we can't get past this I'm sorry
you have to deal with this drama I would like to address the gutter the drainage issue there is no drainage on their property it is completely guttered and Clos down into the tree in our front of our house there is no drainage I have pictures the drainage issue was during
their construction from their own gutter this is on our own property in the very front it is the exact same size as it was previously there were three sheds behind that one big shed all against the fence you had asked me last time Miss
Clemens where they were there were three of them against the fence along with the Big Shed that encompassed the entire side of our house um okay if you check your survey as Mr bod stated it is not on their
property the proposed is not on their property we don't want to be on their property we want to be on our own property do our own thing leave us alone you do your own thing the other thing I'd like to say is as stated last
month Mr Monroe was here this structure causes no noise to them this structure has no sort of disruption to his view or the comfort of his own home home it's a very these are all quotes solid structure substantial and hurricane
proof it is absolutely beautiful they did a fantastic job and I'd like to build my own to match they had no legitimate reason to object this variant we spent a lot of money making this a nice area for our forever home to retire
in and the pictures that they show where they were saying how it's attached to the house it is 100% not attached to the house it's not uh under the we had it it's very close it's underneath the Eve so the TV that they're talking about won't
get wet um it is just it's not attached to the house period it's not not attached anyway you can see the 0.1 off the fence the drainage issue is their gutter running down their backyard this is our fence we own the
fence and actually the fence is one foot in from their property and this is this is right there the drainage was not from ours you can see another picture here of all the drainage that was from their Gutter and
not our roof and when I said about barbecuing our kitchen cart is on Wheels we can roll it out we don't not there but if they were that concerned they park a boat full of gas right next to our fence right next to it it and there's their
grill right under their Eve right outside of their son's room I don't think that they have any reason to say if we have enough back patio or not this is our forever home we're at a different age in life we do not want storage of a shed we are here
to legitimize what we have existing and in no way to hinder any of our neighbors view noise disruption or anything and as stated did last time they had no legitimate concerns the fire department has no legitimate concerns they offered to come here today we were
hoping the letter from The Bard County head of Fire Marshall would help that directs all access they saw no fire issues whatsoever okay thank you did I miss anything uh no thank you
sorry um District Two how would like to make a motion to approve this variance here from District Miss Clemens well no I think we're going to be in the same deadlock just don't even say it just do
it I motion to approve a second do we have discussion discussion please I'm honestly conflicted on this in the one hand if we Grant the
variance then I'm assuming that the building department would would have due diligence on inspections that would make sure that they clear the the fence line by the tenth of a
foot the building permit would require an asilt survey so they'd have to add this surveyor come back out and measure it make sure that it meets what was approv for the variance okay on the other hand if we deny the
variance then it moves into trespass if the survey shows that they're over the line that puts it in a different that's only venue civil matter yeah um so like I say I'm I'm truly
conflicted on which way to go on this well I think based on her receiving a letter from the fire rescue to show us that they can come out and that there's no conflict and getting into the egress um I think that clarifi a lot of
things for me that that was one of my original concerns and yes so when I'll take the authority of the fire department as correct as as you know better judgment correct and I think with you approving it and agreeing with us
that then it will go into to the next step that's all we here for today it's nothing else we not worrying about neighbors conflicts or anything like that if we approve the variant then they still have to go for a building permit that's correct they have a code
enforcement case against them one of the is not having a building permit for it but our job is done well the thing is we are worried about neighborhood conflicts because that's why we asked if there are any questions or problems that's why we
have other people here so for me personally I am 100% against the variance I don't think it should go through unfortunately and I'll tell you why because I'm not exactly sure what is going on here there's there's there's
just too many neighborhood uh problems that really shouldn't be you know we're all humans it just shouldn't be like this but it is so I am 100% against the variance but I feel the only way that this will ever be settled is to approve
the variance and have the Builder come out and here to tell you to take it down do it right and fix the overhang or whatever happens I believe that is the only solution to this whole problem thank you unfor ask all our otherb
unfortunately and and Mr Huffman I mean Mr humberg I agree with that because when you think about it we're not here to dispute arguments with neighbors we're just here to ensure that the Varian is granted yeah Miss Clemens would you like to make
a motion again a motion to approve a second all in favor for the approval of the variance please say I I I this variance has been approved thank you thank you for your time welcome
greatly appreciate it recognizing that no other applicants that concludes our agenda for today I declared at this meeting of Bard County Board of zoning adjustment for today is a jourm 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
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