##VIDEO ID:C_HZsII-7So## 2024 is hereby called to order with five members present we have a quorum we have some housekeeping  to do our first task is to swear in new board member John Taylor if you would stand it be sworn  in please please raise your right hand do you John Taylor SW solemnly swear or affirm that you will  support protect and defend the Constitution and the government of the United States and of the  State of Florida and that you're duly qualified to hold office under the constitution of the state  and that you will Faithfully perform the duties as an Escambia County Board of adjustment members  to help you go thank you thank you welcome John um our next order of business is to um discuss  the um chairmanship and vice chairmanship of uh of the board we have a quorum and we have the  opportunity to um nominate and elect a chairman um or we can wait until all seven of of us are  president and um do it then um I was elected vice chairman several months ago so I fill in  for the chairman until the chairman is selected so it's it's really up to the board um if if we  want to do that now select the chairman nominate and vote or if we want to wait until we have all  seven members here my understanding is that we have six members and one yet to be chosen correct  Rachel right we're waiting on the district one appointe okay I in district one was was  our chairman prior so um pleasure of the board do we want to wait for um all seven members or do we  want to do that now I would like to make a motion to go ahead and move forward with the selection um  um today all right um we don't need to vote on the on the motion um any nominations for chairman Mr chair I I nominate you s oh well I guess I lose all in favor all right thank you very much all right now we have to  select um or we can if we want to at this time select a vice chairman since I've moved out of  that position do we want to do that now or do we want to wait until we have more members of the  board president Mr chairman um I say we move forward and I would like to nominate myself  at this time all right Willie has nominated himself second all in favor all right we have  a vice chairman thank you very much all right uh will the clerk please swear in members of Staff  please raise your right hand do you solemly swear and affirm that the testimony you're about to give  will be the truth the whole truth and nothing but the truth so be God I do thank you members of the  board copies of staff's resumés have previously been provided and remain on file for a reference  the board has previously recognized staff as expert Witnesses does anyone have any questions  regarding their qualifications and abilities to offer expert testimony uh no motion is required all right everyone's fine with that um Willie would you read the um I'm  sorry acceptance of the board uh meeting package for December 18 2024 with the  development service of Staff findings of fact has previously been provided to  board members the chair will now entertain a motion to accept the boa meeting package  into evidence is there a motion motion to accept motion by Willie second second by oh Ross I'm sorry um all in favor raise your right hand all right uh the all those in favor we did okay motion passes with  five members in favor of the motion and no members opposed proof of publication do we have proof of publication yes sir did the  publication meet the legal requirements yes sir Willie if you would now no I'm  sorry a reading of the legal the the chair will now entertain a motion to  wave the reading of the legal advertisement motion second all in favor raise your right hand motion passes with five members in favor and no members opposed members of  the board have you reviewed the minutes for the board of adjustment meeting held on October 16 2024 do we have a motion motion do we have a second  second all those in favor of the motion please raise your right hand motion passes 5 z uh I'll ask Willie now to read uh the purpose of the board of of adjustment and conduct of  the meeting the board of adjustment boa hears administrative appeals variances and conditional  use requests these hearings are Quasi judicial in nature Quai judicial hearings are likely  evid evident hearings in the court of law however less formal all public testimony will be taken  under oath and anyone testifying before the boa may be subject to cross-examination all  documents and Exhibits that the boa considers are entered into evidence and made part of the  record to give an the giving of opinion testimony will be limited to experts and closing arguments  will be limited to the evidence in the record after hearing the testimony and Arguments for  and against the proposed action and before making its decision the boa will consider the relevant  testimony the exhibits entered into evidence in the applicable law because decisions of the  boa relating to variances conditional uses and extensions of development order for site plan  approval are final unless overturned by the court of competent um jurisdiction the County May issue  development orders and permits for properties in ordin in accordance with the decisions of  the boa however if applicant requ if if applicant requests the issuance of any such order or permit  and such order or permit is used the applicant and not the county shall bear any risk that such  decision may be set aside de de development order or permit may be revoked or the development may be  otherized enjoined by the reviewing Court any app applicant for relief from from a decision  of the boa for said actions or any agreed party as defined by state law May seek review of such  decision by filing an appropriate pleading in a court of competent jurisdiction within 30  days of the boa decision the date of the boa decision shall be the date of the boa voted  at the conclusion of the hearing whenever the bo boa denies an application no new application for  an identical action on the same parcel shall be accepted for consideration within a period of 180  days of the boa decision any person AG grieved by a decision of the boa relating to the to an appeal  of a administrative decision May within within 15 days thereafter apply to the Circuit Court for  review each individual who wishes to address the board regarding a particular issue must complete a  request to speak form and submit it to the clerk of the board these forms are located on a table at  the at the back of the commission Chambers you would not be allowed to speak until we receive  one of these completed requested speak forms we must have these completed forms for public record inv requested by Sher Hartford Morris owner board members is there any  expart Communications regarding this case  hearing none does any board member have knowledge or information obtained from a site visit or other  sources hearing none does any board member intend to refrain from voting due to a voting conflict of  interest hearing none would the individuals who are Party to this item please come to  the podium and state your name and address for the record so you can be sworn in by the clerk good morning um my name is Sher Morris um and my address is 1634 College Parkway Gulf Breeze  Florida please raise your right hand do you sol me S affirm the testimony you're about to give will  be the truth the whole truth and nothing but the truth help you God I do thank you have have you  been provided with a copy of the criteria required to obtain a conditional use and a copy of the  findings of fact uh yes right and you understand that all the criteria must be met in order for the  board to Grant a conditional use I do all right um You can you you can State your your case if  you want um or you can um let the um the county state their state your case and then you will  have an opportunity to respond and andine then the board will ask questions okay okay thank you all right board good morning this is U variance case v 20044 this is a location map this is our 500 foot radius map showing the zoning on site is medium  density residential future land use map future land use is mixed use urban this is within the  Warrington community redevelopment area it's also within the Airfield influence planning district 2  there's no restrictions in that District there's an aerial map of the site there's public hearing  sign posted on the site look this is looking into the subject property from across winthrip  uh again looking into the property from winr it's it's not a large property so the photos  aren't going to be very dramatic just so everyone knows uh next please oh that's it okay all right  so board what we have today um is a request to reduce setbacks on the front rear and uh  one side uh front front yard set back from 20 fet to 10.9 a rear yard set back from 20 ft to three  and a right side yard setback from five to three for construction of a single family dwelling as  to the specific Criterion Criterion one dealing with special circumstances and conditions the  parcel in question is unique in size for the surrounding area with a lot size of only 50 ft  by 50 ft the original 1931 platted lot was 125 by 50 and many of the surrounding properties of that  size are larger there previously was a single family dwelling on the property that had to be  demolished due to condition of the home due to the size of the lot there are practical difficulties  in rebuilding a home while meeting the current required setbacks applicant has provided a  proposed site plan showing an improvement on the encroachment to the West uh that adjacent parcel  from the previous dwelling that was shown on the boundary survey as to Criterion two special  conditions and circumstances not resulting from the actions of the applicant findings for that is  the special conditions and circumstances do not result from the actions of the applicant are and  our existing hardships based on the size of the parcel Criterion three granting of this variance  request will not confer any special privilege denied by the LDC to other lands or structures  within the same zoning District Criterion four strict applications of the provisions of Land  Development code would deprive the applicant of Rights commonly in joyed by other properties in  the same zoning District under the terms of the Land Development code and would create an  unnecessary and undue hardship on the applicant and citizens Criterion five given the unique  physical hardship of the lot size the variance requested is the minimum necessary to make  reasonable use of the property Criterion six if granted the variance will be consistent with the  intent and purpose of the Land Development code and staff's recommendation is for approval as submitted any questions questions from the board to staff all right Miss Morris if you  would like to present any further information I don't have anything um additional to present  um as indicated in my packet this was a piece of property I inherited it was in  very poor condition subject of a conditional use or sorry conditional use code enforcement  case um I am um gifting it to my nephew and we want to just build his first home  there um and if you have any questions of me we'll be happy to answer them board any questions all right straight M Mr chairman hearing uh staff's presentation I would move that we accept their findings and  Grant the various um we have one speaker uh let's let's go with the speaker and then we'll  we'll consider um oh I'm sorry that is Sherry I guess we don't we we have just the applicant we  got one correct got I'd like to second that on Mr chairman have a motion in a second all  right we have we have a motion you made ation I made a motion oh I'm sorry would it I a second  okay um board uh those in favor of uh staff recommendation any please raise your right hand passes 5 Z thank you board um all right wh i' like to congratulate the chairman on  the fastest meeting we've ever had that's right that's right staff what do we got for  next month so we do have a variance case for next month it's a sign variance uh and we do  have a new staff member to introduce to you who will be presenting that case hi Melissa  this is Melissa Shirley she's a a urban planner working on our front counter and  and um we're going to get her more involved in everything because I don't plan on being here forever all right um do we need to make a motion to I was going to ask is there a legal update miss you  there's not okay that's good we still have one appeal pending yes uh and the only uh  development on the docket was that uh the attorney apparently has were asked to withdraw as councel  for the applicant who has appealed the decision oh that that one yes yes yes the borrow pit so  um I that's that's all that's all I know all right thank you very much all right uh we don't  need a motion to end this board meeting do we no okay all right meeting is closed thank thank you sir thank you so much have a good you