WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=JvLuFNx2XjE NOTE MEETING SECTIONS: Part 1 (Video ID: JvLuFNx2XjE): - 00:05:04: Meeting Call to Order, Pledge, Roll Call, Disclosures - 00:06:48: PZ26-12 Variance Request Introduction by Staff - 00:11:39: Applicant Tim Cool Presents Project Details - 00:17:54: Board Questions Applicant Regarding Neighbor's Concerns - 00:22:50: Neighbor Raleigh Smith's Positive Testimony & Drainage Discussion - 00:25:50: Board Clarifies Gutter, Roof Details, and Storm Water Runoff - 00:30:26: Variance Approval Process, Staff Recommendations, and Motion - 00:34:54: Post Variance Approval: Minutes Issue and Litigation Update - 00:36:33: Public Comments in General; Adjournment Part: 1 1 00:05:04.160 --> 00:05:20.520 Good evening. I'd like to welcome you all to the city of Cocoa Beach Board of Adjustment regular board meeting for Wednesday, May 20th, 2026. And can we please call the meeting to order with the uh pledge of allegiance? >> Right. 2 00:05:23.280 --> 00:05:42.960 I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Okay, so let's do roll call. 3 00:05:42.960 --> 00:05:58.240 Don Haynes, >> present. >> Ronald Blogger, >> present. >> John Kabort, >> here. Michael Goldberg >> here. >> Rick Anderson >> here. >> Carolyn Willis >> here. Okay. >> All right. 4 00:05:58.240 --> 00:06:16.080 >> Carolyn's in the audience. Everyone do have any disclosures of conflict fair and the board members? >> No. >> No. >> Okay. >> Is it the site? >> Okay. Uh special presentation tonight. Are you presenting it or? 5 00:06:16.080 --> 00:06:34.160 >> Um, I think we talked about it during the um special or the staff reports. >> Oh, okay. >> I'll present it there. >> Committee in our first case. Are we ready to go? >> No, staff. >> You say you had something to talk about 6 00:06:34.160 --> 00:06:48.240 staff? >> Yeah, they'll do it when they we get towards the end, I guess. >> Yep. >> Not to hold up the uh the applicants. >> Okay. Um we're here tonight for 7 00:06:48.240 --> 00:07:04.080 um PZ26-12. Um this is a special exception variance, sorry, uh variance for a front setback. Um 8 00:07:04.080 --> 00:07:19.599 the the way this is set up, if you look at the board here, um this house is on a curve and the applicant would like to build into the front setback. 9 00:07:19.599 --> 00:07:37.680 the f the one corner is beyond the 25 which is fine but as he goes north on this picture or toward towards the top of the picture um you see he cuts into the 25 ft setback um that would keep the face of the house 10 00:07:37.680 --> 00:07:56.319 square with the road um but our current code is um 25 foot from the front setback um I'm sure you all read the the variance um and the the conclusion is 11 00:07:56.319 --> 00:08:12.639 the the requested variance represents a reasonable and limited modification of the front setback requirement necessitated by the unique site conditions. Um, approval will allow for the continued reasonable use for the improvement of the property without 12 00:08:12.639 --> 00:08:37.200 detriment to the surrounding area or impairment of the intent of the land code development or land development code. dlexic and you had everybody read the uh the site plan how it looks. I've got a 13 00:08:37.200 --> 00:08:52.880 couple representations here. There is one thing on this original where they had a stairway, a spouse staircase on the side. um via code you cannot have that in that setback area. So they have 14 00:08:52.880 --> 00:09:08.240 modified that and taken the stairway off of that side of the house so it will meet code >> modified it in what way? >> They removed it. They removed it. They will not be putting that on there. You 15 00:09:08.240 --> 00:09:24.560 they can't build in that side setback the staircase. One thing that I'll tell you the um the engineer that's working on this um I instructed him to have fire come out and talk to him to make sure 16 00:09:24.560 --> 00:09:40.480 that there was still egress and he has uh windows and a another exit up on the top level. So fire had no problem with removing the staircase that had nothing to do with um egress. I always thought 17 00:09:40.480 --> 00:09:56.800 you could have a staircase go into a setback. >> Not in a setback. >> I always thought you could go in three feet with a staircase. >> Oh. >> Can you get the staircase with a variance? >> He could. >> He chose not, >> but he was okay with just removing it. >> Oh, okay. That's the easy way out. I'm 18 00:09:56.800 --> 00:10:12.640 just saying over the years I remember it always being three-foot fireplaces and staircases. >> I So, we would be permitted to consider variance including the staircase. That would just be more variance. >> Yep. side back and Okay. >> Yeah. And I did talk to him about that, 19 00:10:12.640 --> 00:10:28.720 but he said, "No, just just well, just let it go. He's going to take it off." I said, "Well, let's make sure fire approves that." So, he had fire come out there and talk to him. And >> you're you're going to make me go home and look it up in the code book. >> You look it up. I had I had to look it up. 20 00:10:28.720 --> 00:10:47.040 >> Want a better quarter? >> Yeah. Um so based on the the curve of the property and the limited amount of encroachment staff um 21 00:10:47.040 --> 00:11:06.640 recommends that for an approval >> would you want to let the applicant come up and talk or >> Yeah. I think and well we have public comment say one >> I'm I'm I'm also reading this um from the next door neighbor and and is he 22 00:11:06.640 --> 00:11:23.440 here and at what point do we do we get to hear the details of this because there are some legitimate concerns raised on this in this paper. So, it would be appropriate for the board to um get any comments from the owner or applicant at this point. And after that, 23 00:11:23.440 --> 00:11:39.519 if there are any questions for staff, ask staff those questions at that point and then solic open the public hearing to solicit comments, including from the neighbor. That sounds good to the board. >> Good. >> Tim, do you want to say? 24 00:11:39.519 --> 00:11:55.440 >> Hi, my name is Tim Cool. I'm the owner applicant and uh I've been living in that house for 39 years this month. >> Wow. >> Probably longer than maybe a few folks in this room. Maybe not everybody, but a few folks possibly. And nine years 25 00:11:55.440 --> 00:12:11.920 before that, I lived at Cocoa Beach High School. I had the double wide mobile home and I did security and lived out there. And so that when I came back to Cocoa Beach as the principal in ' 05 for 11 years, it was like I was going home. 26 00:12:11.920 --> 00:12:27.360 because I lived on that property for nine years as security. But uh so I've lived in Cocoa Beach for 47 years, 48 years. >> So I've been here for a while. Been in that house for quite a while. And we've had my wife and I have had a dream of uh 27 00:12:27.360 --> 00:12:45.440 expanding our house. But the way our house sits on that curve, um back in 2010, we built a pool. Well, where the pool sits behind our yard because our back, which is considered a side because the way the house sits and 28 00:12:45.440 --> 00:13:00.959 uh is so small that I had to get a variance for the pool and uh so it's kind of odd the way it is. But we've had a goal of building on this house and the only way to build on this house or the best way is is above the garage. Uh so 29 00:13:00.959 --> 00:13:16.480 as you can see the the difficulty is with that curve and um cuz the plan is is to as you can see that we're going to build with the footprint of the outline of the current garage but then I wanted 30 00:13:16.480 --> 00:13:33.680 to come out six feet to have a porch patio because where my house sits on Bali I can look over the neighbors across the street and I can see the thousand islands. Okay. So that would be the purpose of the uh of the porch I 31 00:13:33.680 --> 00:13:51.200 wanted to put on. And u so before I even came to you all to apply for the variance, I mean once I found out once the uh architect submitted the plans to the city and they looked at him and said, "Oh, you're into the setback. You're going to have to apply for a variant." So before I went through the 32 00:13:51.200 --> 00:14:07.440 paperwork, before I met with Corey, before I paid my fee, I met with my next door neighbor. the main one that might have a concern about this particular project. So I went next door to Raleigh and his wife and I said, "Look, this is 33 00:14:07.440 --> 00:14:21.600 what I'm going to do. This is the project. But in order to consider you on the side that the side because his if you look at the garage, the right side 34 00:14:21.600 --> 00:14:38.560 is where his house is and he has a pool. And I know if it were me, I wouldn't want somebody to build a second story with windows that all the time whenever they're up there, they could be looking down in my pool area. Not that I'm doing anything wrong, but you never know. I'm out there. my wife's out there 35 00:14:38.560 --> 00:14:54.959 sunbathing or whatnot, you know, might not want. So, I've designed this um room so that the bathroom will be on this side of the house with no windows and then even on the porch. Uh if you will 36 00:14:54.959 --> 00:15:11.120 notice in that one picture, Cory, if you could take your pointer on this bottom picture here. Right there. >> Okay. Go to the left. You see that? To the left. Right there. Go up a little. See that right there? That's not a window. What I did was at the end of the 37 00:15:11.120 --> 00:15:29.120 patio, the way I designed it, I put a wall up. So, again, to provide privacy for my neighbor. So, I've done a lot of things with them in mind because I know if it were me, I would hope that somebody would give me the same consideration. So, I got that little 38 00:15:29.120 --> 00:15:46.160 wall there, privacy there. Um, there's no other windows as you can see now. and we decided to take the staircase out and everything. So any rate, so I go back to when I met with Raleigh and Donna, we immediately talked and and they said, "Ah, it sounds good. You know, no 39 00:15:46.160 --> 00:16:02.480 problem. Uh what you do is good." And then later Riley and I talked because I do have a drainage issue uh coming off my roof uh in one area and um uh Oh, good. R, 40 00:16:02.480 --> 00:16:18.800 you got a video. Okay. So, it it comes off and it's the uh the gutter the gutter on right there. That gutter is not high enough. And so, I spoke with the architect uh and I said, "Hey, we 41 00:16:18.800 --> 00:16:34.560 got to fix this." I said, "This is a problem for a neighbor and it's a problem for me because I get a lot of water on really heavy rainstorms." And then he gets water, too. So, uh he says, "No problem. I know what we can do." So, we're going to fix the gutter 42 00:16:34.560 --> 00:16:51.600 system and we're going to put in a French drain all the way down out pop up and everything. So, we're going to fix that particular issue. >> Is there any disagreement between you and your neighbor about your plans that I'm aware of submitted? >> Not Not that I'm aware of. We We didn't 43 00:16:51.600 --> 00:17:07.360 have a disagreement when we talked and I don't think we had a disagreement tonight. >> Okay. So, there's no conflict between this and what he's telling us. He's just telling us he >> I'm just giving you the whole story. Is the neighbor here? >> Yeah, >> right here. >> Thank you. >> Yeah. So, uh anyway, and then the other 44 00:17:07.360 --> 00:17:23.280 issue he had was because the fence on separates his uh property line and mine, there's a section of it that's all it's a wood picket fence. And uh so uh he comes over and it's his fence. So there's period times he has to do a 45 00:17:23.280 --> 00:17:38.400 little maintenance on it and he asked, "Hey, can I go in there?" Hey, go in, knock yourself out, fix as much of that fence as you want. And I've even offered and even up to the other day I offered Raleigh if hey if you want to replace that with a white plastic fence like the rest of mine I said I'll be willing to 46 00:17:38.400 --> 00:17:54.080 split the cost with you. I did that with my other neighbor on that line. I'd be willing to do it here. And uh so any rate um that's sort of the uh reader digest of this project. And if you have any questions I'll be more than happy to answer them. 47 00:17:54.080 --> 00:18:19.919 I have one question on the back of did you read this that he submitted this >> this letter he submitted? >> No, I did not get a copy of the letter. No. >> Okay. >> So, the first thing I'm looking at I'll let you read it for a minute. >> Submit a corrected right side elevation 48 00:18:19.919 --> 00:18:42.520 drawing showing this. Well, I'm not doing the first part, so I don't have to worry about the staircase. We're going to professionally engineer and I'm going to take care of the second one and the third one. 49 00:18:43.520 --> 00:18:59.440 Here's second floor landing. And I'm not going to have a landing, so I don't have to have anything there. So that's being addressed >> on the back side. >> Oh, you okay. But I was >> Yeah. want you I think what I just explained to the committee uh I pretty 50 00:18:59.440 --> 00:19:17.039 much addressed all these issues. Oh, >> okay. On on-site uh requires a professionally engineered subterranean drainage system as a multi-pipe French drain on the right side to fully capture and ground infiltrate to no saddle runoff in the own parcel. my uh my uh 51 00:19:17.039 --> 00:19:32.640 contractor and I spoke about this the other day about this concern that he had and he's got that in the works. >> Okay. Long as you know it's >> Oh yeah. Yeah. It it it'll benefit him, but it'll benefit myself as well. So I appreciate him actuallying up the concern cuz you know it's only been 52 00:19:32.640 --> 00:19:47.679 going to benefit both of us, but I've already addressed it with the contractor. >> Are they going to is the city going to uh underground down spout piping to the front yard or street curb? I'm not even Can you do that? >> I don't think so. >> Well, I know some neighbors that have 53 00:19:47.679 --> 00:20:03.039 put these French grains in and got pop-ups down by the curbing. So, I'm assuming problem is they do it. Is it legal? Who knows? >> Yeah. I don't think I don't think you can discharge. >> All that will have to go through storm water anyway for approval. So, anything they propose'll have to meet code. >> So, he he brings up a good point then. 54 00:20:03.039 --> 00:20:19.039 We don't want to if if we don't want to if we if we decide to grant the variance, we don't want to grant it with a stipulation that is >> not that is not going to be >> won't matter. You'll still have to meet storm water regardless. >> I'm just letting them know that it's not 55 00:20:19.039 --> 00:20:34.880 as as simple as you see it here. >> Exactly. No, that's a good point. >> It ain't going to happen in six hours or six days. >> You go through storm water review with the city engineer. >> Yeah. So, so I do have one other question. Um, on this uh sheet submitted 56 00:20:34.880 --> 00:20:50.080 by the neighbor under item one, paragraph two, it says talking about the fence referred to as your fence because the exact clearance is undocumented on the plan. This the staircase which is there. Okay. So, the staircase is out of it. >> Yes. Yeah, 57 00:20:50.080 --> 00:21:07.840 >> the staircase out of because because the line here says the city must verify exact sideyard clearance and mandate a formal maintenance accord. Um I'm wondering with the staircase out of the picture, is this now a non-point or 58 00:21:07.840 --> 00:21:24.640 because because if if it is a point, I'm wondering who in the city would be respon the city quote unquote is respond. >> Can I interrupt here for a second? This variance is just for the front setback. Everything else they do or they're going to have to meet code through whatever 59 00:21:24.640 --> 00:21:40.720 their building plans are. >> I was just making aware what is going to have to do. >> So I think we should >> and it's just for the front setback. >> Yeah. This this is just for the front. >> I haven't heard anything against that. >> Exactly. >> Yeah. >> Okay. >> If there are no other questions for the 60 00:21:40.720 --> 00:21:56.400 applicant, we can open up the public hearing. >> I still have questions. Thank you. >> Yeah. Uh you're adding what? A 26 by 30 foot structure up there. Is that my understanding? >> Uh yes. >> And that is to be a bedroom or a >> bedroom, master bedroom. Yeah. >> Okay. So in order to maintain that, you 61 00:21:56.400 --> 00:22:12.640 want a 6ft porch. Is it? >> Yeah. Well, I didn't think it needed to be six foot. Personally, I thought maybe about 4 foot be plenty, you know, but the contractor seems to think that the um you know, a you know, six foot would provide more room to sit out there and 62 00:22:12.640 --> 00:22:32.880 whatnot to walk around. But basically, I just wanted to have some type of a porch out there. Yes. We got French doors that will open up out to it. >> Is the porch the only thing that extend? So, how far is the porch the only thing extending into the setback even? 63 00:22:32.880 --> 00:22:50.320 >> Yes. It's just a candle lever. That's all you're approving is a candle lever. >> It's not a part of a structure. It's just the candle lever. >> We should go for public comment. >> Well, do you want the neighbor? You guys want to talk to the neighbor? Anything? 64 00:22:50.320 --> 00:23:05.440 >> Any more questions for Mr. Cole? >> Okay. Uh, anyone in the audience who would like to come up and comment? >> Thank you. Please state your name and stuff. >> Certainly. My name's Raleigh Smith. I live at uh 703 Bermuda Road. 65 00:23:05.440 --> 00:23:23.280 >> Yeah. Directly adjacent to Tim's. You've heard all of that. And everything he said is exactly true. Uh he told he talked to my wife and I before he even did anything with the city and I told him I appreciated that. Had no problem 66 00:23:23.280 --> 00:23:40.240 with the uh with the variance. I still don't have a problem with the variance. And the more we talked about it, cuz I would ask him, hey, how's your project coming along? Of course, it's in the city. It's doing this. It's doing that. That's fine. He wasn't complaining, mind you. 67 00:23:40.240 --> 00:23:57.280 Anyway, the uh I told him the only issue I would have is with the water that comes down. And you can see it on the one uh on the one elevation. Oh, okay. Right there. that little a little elbow right there where the 68 00:23:57.280 --> 00:24:14.640 existing house comes down that uh comes down that existing roof. Um that that was my main concern and that's why I said to him, you got to do something about my water. If you put a cricket in there or a saddle, whatever you want to call it, it's just going to it's going to take 69 00:24:14.640 --> 00:24:30.000 all of that water and split it. So, it's going to come to the left on on Tim's other side and it's going to make the right side worse. So, >> I mean, I have taken some steps already um because there's nothing really Tim 70 00:24:30.000 --> 00:24:46.640 could do about it. You know, the gutter is up there. It's a standard 6-in gutter and it's probably been there for years. But, um, I put in a, uh, I had a contractor put in a channel drain that you could see in that in that video that 71 00:24:46.640 --> 00:25:01.200 runs in front of the fence just to channel the water out from the pool. How >> far is his house from your fence? >> I'm sorry. How far is his house from your fence? This 72 00:25:01.200 --> 00:25:16.640 >> Well, I don't know. Um, I measure the 10 ft. >> This is a stand. Is this a standard setback? >> That's standard. I I didn't measure this one, but that's a standard setback on the side is 10 ft. >> Did they submit a survey with 73 00:25:16.640 --> 00:25:32.000 >> Yes, there is a survey with it, but we didn't measure the side. I didn't put that in there. >> No, we're really talking about just the front setback at this point. When they enter the building permit, we'll have to make sure that it meets all the the 74 00:25:32.000 --> 00:25:50.000 other code. Look, I know they're sort of addressing that. Um, that's why I was more curious exactly how over it is. >> Right on. >> But it seems you're fine with everything that's happening here. >> Perfectly fine with all this. >> Not a problem. 75 00:25:50.000 --> 00:26:05.039 >> Okay. >> Thanks. >> I I have a question. And do you are you have a good relationship with him? You trust him to do the things that he says he's going to do and and make right by you? >> I know where he lives. >> I'm asking because it saves us. It it 76 00:26:05.039 --> 00:26:22.480 it's we can make it cleaner and we don't have to put a bunch of stuff. If you guys have a good relationship, it's >> I think we do. >> Okay. >> I don't see any reason why not. >> Yeah. >> I have a survey in the distance. >> It looks to me like 116. May I approach? >> Yeah. You don't want Yeah, it's fine. 77 00:26:22.480 --> 00:26:39.039 >> I think it's 116 on that side. >> I wasn't the one asking that. Someone else was at that was >> And if you're going to speak, if we just have you speak into the mic when it's when it's time yet. Yeah, it's it's 10 foot here and 116 in the front. >> Do you want to hand it to the chairman? He'll pass it. 78 00:26:39.039 --> 00:26:57.360 >> Michael had the question on different side over here >> 116 there and 10 there. When they built this >> Sorry, just make sure we keep it all in the record. Yeah, thank you. >> I got you. When they built uh my house 79 00:26:57.360 --> 00:27:13.919 and the house next door, it it's ridiculous how small the area is between our two homes, you know, 10 ft. It's And then my backyard is just as bad where I have the pool. Well, I call it the backyard, but it's another side. 80 00:27:13.919 --> 00:27:29.679 >> So, the only additional roof area that you're adding on to this build is the porch. >> The whole >> And that's not even But but there's already existing roof. I'm thinking from a storm water discharge. If I just build on top of my existing building, I'm not netting any additional storm water cuz 81 00:27:29.679 --> 00:27:44.000 >> correct. >> There's already water coming off that. That's what I'm getting at. Like I understand the storm water concern, but if you're not adding additional square footage >> exactly. Okay, we're done. >> Exactly. And in fact, on that top obviously on that top 82 00:27:44.000 --> 00:27:59.919 >> um of the of the gable, it's going to be gutter system up there. Is are you reversing or changing the direction of the gable because that would change the water flowing to the area that he showed us? 83 00:27:59.919 --> 00:28:15.440 >> If I understand your question, the uh gable on the house is this way. >> Mhm. >> Uh well well the house sits this way. So you know the gables >> I'm sorry I'm not a builder, okay? I'm a principal. 84 00:28:15.440 --> 00:28:32.880 But the the the roof uh on will sit this way. >> So it it'll sit opposite. >> Is the current peak over the existing garages or is it on the adjacent face? >> Say that again. >> Does your current roof peak over your garages or does it peak on the side perpendicular to the garages? It's 85 00:28:32.880 --> 00:28:49.200 >> flat >> because that would you understand this question? >> Yes. If you look at um >> Well, this one. >> Yeah, Corey. Okay. That that's the front of the house right there. that you're pointing to. And you can see how the gable is. And of course, the the gutters 86 00:28:49.200 --> 00:29:05.440 will be on the left and the right. >> Now, if you look over at the elevation below it, that's that's the uh left side of Tim's house. >> There we go. >> There you go. So, >> there's the front of the house right there. >> That's the front of the house. Yes. >> So, you can see the gables. That's this 87 00:29:05.440 --> 00:29:20.240 way. >> Yeah. It runs towards the front of the house. >> Right. >> And now it's not going to do that. Now, it's going to discharge entirely. >> On top of that will be this way. >> Yeah. >> Yes. Okay. >> One will go this way, the other go this way. >> Okay. Okay. But that's what produced the 88 00:29:20.240 --> 00:29:37.200 uh the issue to begin with cuz the way your house is right now, Tim, the gable on your house or the It's not a gabled roof. It's >> Yeah, it's gable. >> That one's gable. Okay. So, all of that water comes down towards the front of your house then goes across the top of your garage and then into a gutter 89 00:29:37.200 --> 00:29:52.720 system. >> Right. >> So, what's going to happen whenever you build that house on top of there with a gable this direction? You don't want all that water coming down and laying against your new construction, >> right? So that's >> so you have to put a cricket or something in there, >> correct? >> Down the middle and it's going to flow 90 00:29:52.720 --> 00:30:09.919 to both sides. >> Right. >> So the water uh amount of water probably won't increase. It's just going to increase total increase. It'll increase it coming down each side. >> Okay. That right. 91 00:30:09.919 --> 00:30:26.399 >> I think so. Uh, is there any other further comments from anyone in the audience? >> We'll need to we'll need to get a copy of that. >> Yeah, I'll need a copy of that. Is this a copy? >> Uh, that's an original. >> Okay. A copy of it. >> All right. I'll get it back to you. Okay. 92 00:30:26.399 --> 00:30:41.200 >> Thank you. >> So, what I I have a question on on the the four items on the back of this this sheet that was submitted by the neighbor. Uh it seems like these four items would I mean some of them are are not relevant anymore because there's no 93 00:30:41.200 --> 00:30:55.840 more staircase. Um and it seems like these four items would be pretty much um mandated by by existing code anyway and existing inspections. So, I was wondering if we needed to put these four 94 00:30:55.840 --> 00:31:12.480 conditions in there or whether just the general business um property inspection process as the construction goes on, we'll cover these items here. Uh and it seems like it will. So, based on all of this um I make a motion to approve the 95 00:31:12.480 --> 00:31:27.760 variance. >> Wait a minute. >> Slow down. >> Well, we've got to Mr. We still got to close the public uh hearing. >> There's anyone else who wants to speak for it. And hearing none, we close public comment. >> And I did have one comment I just wanted to make about conditions that you all 96 00:31:27.760 --> 00:31:42.559 can apply to variances. Of course, you have the power to prescribe reasonable conditions to uh your approvals. Uh the one uh nuance I wanted to include because some of what the neighbors requested uh although they're insightful based on, you know, what he's seen at 97 00:31:42.559 --> 00:31:58.399 the property, generally conditions for variances are tied to mitigating the impacts of whatever the variance is, right? in granting the variance, right? So, a condition is to further safeguard the interests of the public if you are going to grant the variance. So, you 98 00:31:58.399 --> 00:32:14.240 really can't grant a condition that's not related to whatever the variance is you're approving. So, consider that here where the request is just to uh extend that can levered part of the uh the porch into the setback. Are those 99 00:32:14.240 --> 00:32:29.679 conditions that were requested necessary to mitate whatever the impact is of the variance? And if they're not, that might be an unreasonable condition that, you know, legally would be, you know, interesting. So, think about 100 00:32:29.679 --> 00:32:45.760 that as you all deliberate. >> Okay. So, it's not left up to us to discuss it >> if anybody sees a problem with it. I mean, we basically saw a gentleman's agreement between the two neighbors and we they both been around together for a 101 00:32:45.760 --> 00:33:00.320 long time. So, I don't think we need to worry about that. >> Yeah. I wouldn't put the conditions. >> Our concern is basically on the front as far as with you know, listening to Cory and the building department. They're going to review review this and this storm water and it's they're going to make it right. I don't I don't like 102 00:33:00.320 --> 00:33:17.519 holding people hostages and say you must do this to get this little foot and a half up front or something. There are three conditions that were recommended by staff and the final condition was that obviously all of the applicable provisions of the city's land development code would still apply. So as Cory said, they'd still have to meet 103 00:33:17.519 --> 00:33:32.559 all the storm water requirements and all that, etc. >> Were you suggesting any other conditions? >> Oh, I I don't I don't suggest conditions. I just tell you all what uh what I think about uh the request. But, uh, if staff, uh, doesn't have any, uh, 104 00:33:32.559 --> 00:33:49.760 here now, then I think just what's here on the, uh, on the packet, >> it's what they're requesting. >> Yeah. Yeah, I'm inclined to support it without any >> I think Rick made the uh, motion already. Go ahead and say >> I'll I'll make it official now that comments closed. I do make a motion to 105 00:33:49.760 --> 00:34:06.000 approve the variance as presented >> with the applicable uh, conditions the city put on it. >> Yeah. >> Am I supposed to read it? Yeah, you Oh, we got them now. For a while that went away and you guys brought it back, you know, so we just read what you say. >> Yeah. 106 00:34:06.000 --> 00:34:21.599 >> Approval recommendations. >> We're going to try to keep that going forward so that you guys will have a little bit better product. >> Uh we want to make do we have to read it or we can we just say with the recommendations approval at the >> with the you could just say with the 107 00:34:21.599 --> 00:34:38.079 conditions as presented by staff. >> So that's basically what Rick >> with the conditions as applied by the staff. >> You have a second. I second. >> Okay. Call the role, please. >> Okay. Call a vote. >> Don, >> yes. >> Ronald Bogger, >> yes. 108 00:34:38.079 --> 00:34:54.240 >> John Kabort, >> yes. >> Michael Gabard, Goldberg, sorry. >> New related. >> That's new related. Sorry, Michael. >> I will approve it. >> Okay. And Rick Anderson. >> Yes. >> Okay. You It's granted 5 Z. So, you got 109 00:34:54.240 --> 00:35:14.480 it. Good evening. Keep building. Congratulations. >> The second motion was >> that was John. >> We never want to aggravate the principal. >> It looks like >> you know what? We got a little out of uh stuff here with the >> Yeah, we did. 110 00:35:14.480 --> 00:35:29.680 >> Yeah. So, >> but I I think I'm going to I think I'm going to see if I can get this changed a little bit on our process flow. >> I think u that we'll talk about that later. Anyway, >> we're going to do uh where are the minutes in here? >> Uh there are no minutes tonight. 111 00:35:29.680 --> 00:35:45.760 >> Okay. So, we can't approve them or we just approve as you write them. >> That's right. Or when you write them. >> There are no minutes from >> There are no minutes from that are approved yet. >> Okay. >> That are written or approved? >> Why is that? >> Because of the issue that we are going to talk about >> the litigation that's going on. 112 00:35:45.760 --> 00:36:01.280 >> Okay. >> Anyway, >> okay. Okay. So, we're back to page one and uh you have to there's staff report announcement >> and like we've already done that. >> Any members reports or announcement? 113 00:36:01.280 --> 00:36:17.839 >> Yeah, that's an issue we can't discuss. >> Oh, can >> Oh, I'd like to know where we are on that then. >> Maybe in >> Maybe we should probably do it offline. >> Okay. >> Oh, last meeting. >> Oh, >> Mr. Chairman, 114 00:36:17.839 --> 00:36:33.200 >> what was it? >> I chairman, Mr. Chairman, I think the only item on the first page of the agenda that we do have to get to because it was included on the agenda was the public comment in general portion. If you could call for that now. Any public comments in general? >> Are there any public comments in 115 00:36:33.200 --> 00:36:49.119 general? Someone want to get up and tell us we're doing a great job, please? >> There we go. Thank you. I don't mind begging. >> Oh, I know what you were talking about cuz the last case is being appealed. >> Yeah. >> Right. Is that going to fifth third whatever district court it goes to? Can 116 00:36:49.119 --> 00:37:04.400 you tell us that or not? >> Oh, your your prior case the status of it. It was appealed and it's the the litigation's pending. It's before the circuit court. >> Oh, okay. >> Circuit court in its appellet capacity, but uh no other updates. We can't discuss it because if it gets quashed, 117 00:37:04.400 --> 00:37:20.480 it'll come back to you all. >> So, I'm sure they follow the law and they filed within 30 days. >> Yes. Yeah. So everything's it's all teed up and uh it's uh progressing but uh um >> they just make sure that all the procedures were f I guess is that >> so I can um 118 00:37:20.480 --> 00:37:36.240 >> thank you. So, I can tell you generally, I'm not going to, this isn't a comment about the specific case, but on uh when you have the appeal of a development order or permit like a I believe it was a special exception that you all granted, um the circuit court 119 00:37:36.240 --> 00:37:50.640 essentially acts like an appellet judge and they only look at three things and they only look at the record that you all developed uh during the hearing. They don't take new testimony. It's not like a new trial or anything or a new hearing before the judge. uh was due 120 00:37:50.640 --> 00:38:06.480 process followed? Did you all apply the correct law? And then was there competent and substantial evidence uh for each uh you know of the required prongs that were uh that you all needed to consider. Was there evidence in the record to support the decision? If so, 121 00:38:06.480 --> 00:38:23.520 it gets approved. If uh any of those three criteria aren't met, the decision gets quashed and essentially just gets sent back down uh for another go at it, another hearing >> at the board of adjustments. You mean? >> Yes, it would. So, it' come back it they'd get another crack at it. 122 00:38:23.520 --> 00:38:39.760 >> Who is the plaintiff? >> Citizens. >> I I don't know. I haven't uh I haven't looked at it. >> Does it list the citizens names on the complaint? >> Just curious, right? I mean, did they get 33 homeowners or one homeowner or >> um 123 00:38:39.760 --> 00:38:54.560 >> I can I can talk to you about that after the meeting. I haven't I haven't looked at the the pleading since it's been filed, so I can't recall off the top of my head, but uh Okay. >> But, you know, that's why in the staff packet here, staff did a really nice job of laying out the criteria for variance 124 00:38:54.560 --> 00:39:11.520 for this decision you all just made. And you know, it for each criteria, you know, supplied evidence that you all could rely on staff. >> You got more evidence. >> That's right. And then you got got evidence from the owner and the the neighbor and interesting things. But uh yeah, so that's what the court will look at in that case. But uh 125 00:39:11.520 --> 00:39:22.200 >> I guess is any uninished business, new business, nothing? No, sir. Okay, then I guess that's it. We adjourn. Very good.