for start 8: I want to say we gotz good morning everyone I see that it is 8:30 welcome to the board of adjustment we're so very  glad that you could be with us today and we look forward to hearing uh your particular cases this  meeting of the escamia County Board of adjustment for June the 12th 2024 is hereby called order with  five members present and we do have a quorum will the clerk please swear in members of the staff  please raise your right hand do you Solly 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 got I do thank you members  of the board of adjustment copies of the staff's resumés have previously been provided and remain  on file for re uh for reference the board has previously recognized staff as expert Witnesses  does anyone have any questions regarding their qualifications and abilities to offer this export testimony the boa meeting package for June the 12th 2024 with the the development services staff  findings of fact has previously been provided to board members the chair will now entertain  a motion to accept the boa meeting package in Evan do I have a motion I move I move we have  a motion do we have a second second we have a second all members in favor of this motion  please raise your right hand let the record reflect that the motion passed uh unanimously Madame clerk do we have proof of publication yes sir did the  publication meet all the legal requirements yes sir the chair will now entertain a  motion to wave the reading of the legal advertisement do I have a motion I shall move is yours working well we do have a we do have a uh a mo a a motion do we have the second second we  do have the second all those in favor please raise your right hand please let the record  reflect that this motion uh passed passes unan unanimously members of the board of adjustment  have you reviewed the resume and transcript for the board of adjustment meeting held on May the  15 2024 upon your review of the resume in the transcript are there any additions deletions or Corrections seeing none the chair will now entertain  a motion regarding the hearing resume for the board of adjustment meeting held on May 15 2024  do I have a motion motion I have a motion do I have a second second we have a second all those  in favor please raise your right hand the record shall reflect that this motion passed unanimously we now come to the purpose of the board of adjustment and the conduct of this  meeting and our vice chairman will explain the process from here on the board of adjustment  boa hears administrative appeals variances and conditional use requests these hearings  are Quasi judicial in nature quasi judicial hearings are like evidentiary hearings in a  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 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 and 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 a court of competent jurisdiction the County May issue  development orders and permit for properties in accordance with the decisions of the boa  however if applicant request the issuance of any such order or permit and such order or permit  is issued the applicant and not the county shall bear any risk that such decision may be set aside  the development order or permit may be revoked or the development may be otherwise enjoined by  the reviewing Court any applicant for relief from a decision of the boa for set 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 the boa voted at the conclusion of the hearing  whenever the 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 decision of the boa relating to an appeal of an administrative decision May  May 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 blue request  to speak form and submit it to the clerk of the board these forms are located on the table at  the back of the commission Chambers you will not be allowed to speak until we receive one  of these completed request to speak forms we must have these completed forms for public record we now uh turn to exp party Communications all written or oral Communications outside this  hearing with members of the boa regarding matters under review today are considered  expart Communications exp party Communications are presumed prejudicial under Florida law and  must be disclosed as provided in Board of County Commissioners resolution 96-13 before a decision  by this board on any administrative appeal variance or conditional use requests the  chair will ask as each case is heard that any board member who has been involved in  any exart communication regarding the perspective issue to please identify  themselves and describe this communication we now turn to our first case this is case number v224 02802 Stout Road a variance request to allow an accessory structure larger than  the primary dwelling requ and it is requested by by Charles E and Patricia L Rudd owners  before we ask uh Mr and Mrs rud to present their case uh first I must ask the board  have their been any expart a Communications regarding this matter to anyone let the record  reflect that there has been none has anyone gain knowledge or information attained from  a site visit or other sources let the record reflect that uh there has been none is there  any board member that intends to refrain from voting due to a voting conflict of interest seeing none let the ref uh the record reflect there are no voting conflict  of interest identify with the individuals who are the party to this item please come  to the podium state your name and address for the record so that you can be sworn in by the clerk good morning sir good morning sir and how are you all right sir can you hear me good yes  sir could you my name is Charles rud yes sir could you please stand and face the clerk and raise your  right hand do you solemnly swear and affirm that the testimony you're about to give will be the  truth the whole truth and nothing but the truth s be God yes I do thank you go ahead and state your  address for the record oh it's 1802 Stout Road psota Florida oh c I'm close uh sir have you been  provided with a copy of the criteria required to obtain the conditional use or the or the variance  in this question uh in this matter and a copy of the findings of fact provided by the staff yes I  have and Sir uh have you read those documents yes and uh and you uh do understand that all criteria  must be met in order for the board to Grant a a uh an application such as that you have made yes do  you understand those points thank you sir uh sir you can if you would like to make some opening  remarks we be the board would be happy to hear those or uh if you would like for the staff to  go ahead and present their findings and then after that make any uh remarks that you you wish uh we  would be uh happy to accommodate you either way um I'll just let them make their statements and then  I'll go from there all right sir thank you very much all right uh we can now hear from our staff  good morning board Andrew Homer scambi County development services this is variance case v 20242 here we have our location map as you can see it is due south of the intersection  of Highway 29 and Highway 196 yes the zoning on site is rural mixed use future land use  for the site is rural community this is an aerial map of the site uh as you can  see it's it's large it's a 18 acre parcel and it's heavily wooded as opposed to some  of the others in the immediate vicinity this this is a public hearing sign posted on site  this is looking West along Stout Road uh the where the property the sign is on is  is the subject property and you as you can see it's uh hard to you know hard to see into it  from the road with the vegetation and this is looking East along Stout road towards Highway 29 okay um as to the staff findings so in the Land Development code we do have a section for  accessory structures and uses um there's limitations on the size of um accessory  structures and in this case the section we're dealing with is for Parcels that  are lar greater than five acres for a lot that's greater than 5 Acres uh no individual individual  accessory structure May exceed the size of the principal dwelling structures larger than the  limits established shall require variance approval from the boa so here we are uh as to Criterion one  special circumstances peculiar to the property this is a large heavily wooded 18 plus or minus  acre parcel the size of the parcel is three times the minimum size needed to request this variance  the scale of the requested structure is fitting for a parcel of this size and the wooded nature  special condition uh conditions and circumstances not resulting from the actions of the applicant  the special conditions and circumstances of this request are not a result of the actions  of the applicant third criteria this is uh you know will granting this variance as requested  confer a special privilege denied to others and given the size and nature of the parcel granting  a variance would not confer the applicant any special privilege denied to other lands Criterion  four strict application of the LDC would deprive the applicant of Rights commonly enjoyed by other  properties um and due to the circumstances on the land strict application of the LDC Provisions  would create an undue hardship Criterion five the variance requested is suitable given the  size of the parcel Criterion six granting this request would be consistent with the general  intent and purpose of the Land Development code and would not be injures to to the area  or otherwise detrimental to Public Welfare as to the recommendation staff recommends approval  of the variants as submitted this is a pretty straightforward issue From staff's perspective uh sir would you like to uh explain what your uh propose here the use of the property you're  saying yes sir yes sir what uh I like to work on old hot rods and the reason we bought the 18 Acres  was because it was heavily wooded and I can kind of hide my building behind my house because when  you drive up to my home I don't want want you to see old cars in my front yard so I want to  put them out in the woods and kind of hide them a little bit and then the size of the building where  I'm at right now in my business my business has grown so much that we need the the extra  space so we want to build another building to move out of there to give my business the room  to grow into that other than that there's that's it Bard do we have uh questions for  the applicant what are we talking as far as the size differential um his house versus this structure that's yeah yeah the the garage you're proposing yes um I don't have anything showing it and the  requested size just that it's larger it's it's uh it'll be uh 6,000 square feet okay  so the property appraiser has the total square footage for the the the primary at 3359 square  feet and he wants to go to 6,000 so larger than the principal twice as big twice as big yes sir and Sir will your garage uh it will be a garage I presume you will have power  if I yes if I remember the reading this file last night you were going to use solar power  poers no uh no solar power oh okay it must be the one there's another one down  the road from this one uh so you'll have power and water and uh will you have any  living accommodations in it I guess not what would you consider living stuff uh  for a bedroom that sort of thing there'll be bathrooms okay but no no uh bedroom bedrooms  no kitchens not unless she runs me off yeah I might have to live there all all right yeah do we have any more I have one um is this a business or is is this  building personal no personal okay thank you no I've already got a business I'm trying to  get away from that uh is your business located uh where you're on this parcel  also or oh no sir my my business is on 10 Mile Road oh okay rod and Sun welding on 10 Mile Road  yes sir we used to be right here on East Street on Ian Hayes rud welding by where the old Watermelon  Man sets up yeah that's where I grew up at yeah so do we have any more questions for Mr rud okay thank you uh Mr Rudd uh does the staff have any questions for Mr Rudd  no sir do we have anyone in the audience that would like to speak and if we do  would be necessary we would ask you to fill out a blue form if you have not seeing no one would staff like to make a closing statement just that this is a straightforward case  as far as we see it um a logical case for a variance all right board uh now  it's time for us to discuss the matter is there any discussion from the board any all right then we now are are at the point where uh the chair will now entertain a motion  regarding V 20242 and with your motion please State whether or not you adopt the staff's  findings of fact as presented by the staff if any reason you do not accept the findings  please go through the all the criteria and address specifically why you don't  Ur uh do I have a motion I move that we accept the recommendation of findings of fact by the  staff I have a motion do I have a second a second we have a second is there any further  discussion seeing none all those in favor of this application please raise your right hand let the record reflect that uh this petition  was granted unanimously thank you sir thank you for your time yes sir thank you we now turn to our second C case another variance this  is uh case number v224 -03 13 uh uh 313 rather Southeast Cash Road I'm probably saying it wrong it's a variance requested to reduce the side yard  setback requested by Daniel Burke and kayb Burke owners have there been any expart Communications  regarding this matter does anyone have obtained a uh information or Knowledge from a site visit  or other sources let the record reflect the uh answers to these questions so far have been in the  negative ask if any uh any board member intends to refrain from voting due to a voting conflict of interest let the record reflect that there is no uh voting conflict of interest by  the individual uh board members uh with the individuals who are the party to this item  please come to the podium and state your name and address for the the record so you might be  sworn in good morning board good morning sir could you please face the clerk and raise your  right hand do you solemnly swear and affirm that the testimony you're about to give will  be the truth the whole truth and nothing but the truth s you God yes I do thank you please  state your name and address for the record Daniel Burke 313 Southeast Kaos Road Pensacola Florida good morning sir we're glad to have you with us today uh would you like to make a presentation uh or would you prefer that the staff make  their findings and then you would be able to make any additional remarks that you  wish I'll let the staff share their findings and then I'm happy to uh talk after that okay hi my name is Christina Smith urban planner uh this is for case variance 224-0318 left the requesting a 5ft variance and then you can see the 15t alleyway between that and the  neighboring parcel and then it also is in the back and you can see the front of the parcel  is 127 ft wide and the back whates it say it's 29 feet wide so it's significantly smaller in  the back and I if I could I'm sorry uh throughout Navy point we have these Alleyways and as you if  you follow the alleyway up along the side of the property and start going north you see it widens  out those Alleyways are uh varying width between all the blocks and navy point and those are open  to the public and it the county intends for those to remain so if I'm not mistaken uh Andrew these  Alleyways also have been the subject of recent litigation on that very point is that right and  we wish for to remain open yes sir okay I thought that that was the case that yes yes ma'am here's  a copy of the public hearing sign posted on the parcel this is looking at the subject property this is looking east side of the property and this is looking West  on the west side of the property where the that's where the addition would be  and then this is looking at the rear side of the property down the alleyway  and this is looking at the alleyway in the rear of the house and that is that and that concludes the photography so this  request of variance is to reduce the required sidey yard setback  from 12.7 to5 for the construction of addition to the single family dwelling  for criteria criteria special conditions and circumstances the parcel in question is unique in  shape the width of the rideway is 119 119 ft with the rear WID width only being 29 ft the parcel has  a 15t Alleyway along the west side of the parcel this narrowing causes a practical hardship in  the design necessary to accommodate the changes Pro proposed there are also several oak trees a  septic tank and power meter box that restrict the location of the addition if granted the 5  yard set back would be 20 ft from many neighboring property lines because of the alleyway for special  conditions and circumstances not a result from the actions of the applicant the special conditions  and circumstances do not result from the actions of the applicant and our existing hardships based  on the parcel regarding ing granting the variance requested will not confer on the the applicant  any special privileges that is denied by other own other owners the granting of this variance  request will not confer any special privileges denied by the LDC to other lands or structures  within the same zoning District regarding criteria four strict application strict application of the  provisions of the Land Development code would deprive applicant of Rights commonly enjoyed by  other properties in the same zoning District under the terms of the Land Development code  and would create an unnecessary and unique safety hardship of the applicant and the citizens regarding Criterion five the variance requested  is the minimum necessary to make possible the use of the property  given the unique shape of the property and if granted the variance will be consistent  with the intent and purpose of the LDC staff recommends approval of the requested as submitted Mr Burke would you like to make some additional comments and explain exactly what  you had in mind yes sir uh that's I it's a simple drawing of what uh what it would look  like because of the the septic tank and the um Power Plant plan and the trees um it makes the  most sense to go uh on the side of the house or necessary to go on the side of the house um  that the home is only um a one bathroom and we would like to um turn or make a make a second  um and we agree with all the staff findings board members do we have any questions for Mr  Burke or for the staff what's the size of your home right now the size is 1,149 square ft and  you're going to you're requesting um how big of an addition it would be 225 square F feet and  my understanding is that uh includes another bedroom as well as a bathroom yes ma'am okay what age of the house what's the age of the house it was built in 1944 this work will it be done by a contractor or by yourself contractor thank you do we have any other question questions for I have  a question for staff the um the 12 1/2 ft side variance how is that determined you mean this the 12.7 so the side yard setback is 10% of the lot width  at the rideway and says that's 127 ft at the rideway that's where the 12.7 comes from okay any additional question oh I just wanted to add an additional note um given that this  is in a flood zone um the applicant has had initial discussion already with our  County flood plane manager about anything that would need to be done regarding the addition  on that sometimes that's a hang up so he's uh he's already spoken with the flood plane manager course would like to say something please raise your right hand do you Solly s airm  the testimony you're about to give will be the truth the whole truth and nothing but the truth  to be God I doir thank you um and and and I'm glad thank you for the for the commentary Mr  gwin earli and I'm glad I'm glad Mr uh jom the deputy director stated that emphatically that  um the alleys that the AL if it is approves the alleys will remain open even during the  construction phase uh uh um of the of the project um that he's got it is his responsibility to make  sure they remain open opening that they can have Ingress and egress at all times during  the construction as well although hopefully no one will be walking down alley wild construction  going on but the purpose of the all is to remain open to the public so they can have Ingress and  egress and also even with the the even as J St with the shape of the lot and with the trees on  the lot I believe that you're going to try to preserve as many of those trees such po  can those are good things those are nice Oaks in there and to preserve those is is  to protect those very very good so so I'm glad Mr Drew stated what he stated about  the alleys and you can see the trees that are there on the lot so hopefully this will be granted do we have any uh additional questions from the board to the staff or to Mr Burke seeing none thank you Mr Burke we have two speakers we have Mrs Burke uh if you would like to  speak we'd be very happy to hear from you uh if not we understand you're very much in favor I'm  in favor I don't have anything else to say okay and then we also have with us Mr William norell  314 Southeast collash uh Road and he has has signed up to speak 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 shall be God I do thank you please state your name and address  please William Norville 314 Southeast kalash I live across the street and have lived the  families own the house across the street for 30 years I've lived in Navy point for 50 years and  not that it's germine to your guys decision but I think it's going to be a good addition  for the neighborhood and a rising a rising tide lifts all boats so it's a it's a good thing it's  not going to interfere with anybody's view which in our neighborhood that's that's a big deal but  uh and knowing Horus in the situation with alleys um might I'm trying to convince the  County Commissioners to deed the alleys back to us but that's own hornets nest with people that  have people that have had access to cuz one of my neighbors has had access to the alley for 50 plus  years and just but by giving me the alley back doesn't mean I can put a fence on it and stuff  like that so it's I'm I'm trying to argue that the county doesn't need to maintain it I uh I  don't mow all the alleys in Navy point but I mow a good number of them just because roads  and bridges has got enough things to do besides mowing but knowing this because it's directly  across the street from my house I think it's going to be an awesome thing and it's that alley  really doesn't get used I mean Florida Power and Light probably uses it more than anything  and some people egress through it and stuff but I think it's a good thing so thank you sir okay do we have any closing remarks from the staff or from Mr Burke I think we're at that point we seen  none um staff uh I'm sorry board uh would does the board have any comments about this petition seeing none I will say it seems to be uh a reasonable thing to do and given  the circumstances of the placement of the home and the various obstacles that are around it it  it and I'm sure that uh these older homes this sort of addition will certainly help  families uh and as I said it seems to make sense to me given that we now come to the  point where the chair will now entertain a motion regarding uh V 20243 and with your motion please  State whether or not you adopt the staff's findings of fact as presented by the staff  if for any reason you don't then you should go through all the criteria and address each  one specifically that you do not confer with do I have a motion I move we accept the staff  recommendation we have a motion to accept the staff recommendation do I have a second second I  have a second any further discussion before voting seeing none everyone that is in favor of this  application please raise your right hand let the record reflect that this application was approved  unanimously thank you sir we appreciate you being with us today and good luck on your improvement we turn to our next case case number CU 20241 13507 Timber Ridge Drive a conditional use request to allow an  accessory structure in the front yard of a waterfront property requested by  Charles R Courier and V LA s uh Courier owners good honorable members yes ma'am welcome do you solemnly swear and affirm  that the testimony you're about to give will be the truth the whole truth and nothing but  the truth s be God thank you please state your name and address thema 507 timberidge  Drive could you speak up just a little bit vimla Courier thank you 507 timberidge Drive Pensacola all right uh I'll have will'll ask the board three questions and then we will commence  with your application ma'am your petition yes sir have there been any X Park T Communications  regarding this case seeing none knowledge or information obtained from a site visit or other  sources seeing none is there any board member that re intends to reframe from voting due to a  voting conflict of interest seeing none all right ma'am we appreciate you being with us today have  you been provided with a copy of the criteria required to obtain a conditional use and a cop  of the staff's findings of fact I have yes sir have and have you read them ma'am I have yes  sir and you understand that in order for your petition to be granted that you must  uh fulfill all the requirements uh before the board can could Grant a conditional use  understood yes sir all right thank you ma'am would you like to make a short presentation  or would you prefer the staff to go ahead and present their findings yes please the  staff okay all right and okay good morning board Allison Lindsay development services  yes ma'am so this is a conditional usea case uh CU 20 2413 this is the location map showing the  uh property in question this is the 500t radius map showing that the zoning is LD  this is the future land use map showing mixed use suburban and this is the location map of the site  this is the public hearing sign that was posted on site and this is looking Northwest under the  subject property from Timber Ridge Drive looking Northwest onto the subject property looking North  West on the property and that's all the maps and photography um so this conditional use  case is asking for the approval to locate an accessory structure in the front yard of  a waterfront property and in the Land Development code section um there's a waterfront on Waterfront  Lots accessory structures may be located in the front yard of a waterfront lot if the structure  are at least 60 ft from the front lot line and granted conditional use approval by the  boa for CR criteria a general compatibility this is a deep 453 ft plus or minus on the South Side  the north side is approximately 315 plus or minus and the front um sorry on the North side fronting  the Timber Ridge The Proposal calls for an accessory structure to to be built with a  minimum of 60 ft from the RightWay and would be compatible with similar proper properties in the area for U criteria B for facilities and services there's no facilities or services that will  be used for this accessory structure on site circulation for the Ingress and egress the site  plan submitted for this case shows no new driveway connections to the Timber Ridge Drive the property  owner may use internal access within the property to access the proposed building or contact the  access management uh if they wanted to get a new driveway criteria D Nu nuisances and Hazards  the proposed use shall not generate unreasonable noise glare dust smoke odor vibration electrical  interference or other nuisances or hazards for the adjoining Properties or other properties in the  immediate area criteria e solid waste the proposed home currently has solid waste and will continue  to do so criteria F screening and buffering screening and buffering between like uses  in this case single families do not require um screening according to the Land Development code  criteria G signs and lighting the lighting will be residential and no signs are proposed criteria  H site characteristics the parcel is specially adequate to allow for the home and also the detach  structure criteria I use requirements a specific use requirement for this case is that the proposed  structure needs to be set back at least 60 ft from the RightWay and this proposal does meet  that requirement and the staff recommends that the board um approve the proposed conditional use as requested ma'am do you uh could you tell us what you have uh proposed here  um it's for garage shed Workshop three strikes um I'm sorry could I said the  purpose is is exclusively actually for a garage but it's also going to be used as a shed and a workshop and will it have uh was it your uh application that stated that you would  be using solar power yes sir I I knew I'd read that I'm I'm old but I I you still got it yeah  I I did get it right somewhere uh and exactly what will it you'll what uh keep your vehicles  in it we've got three vehicles and my husband is a Harley guy we've got four Harley and I've got  a little Von vun what do you call it the little uh scooter yeah so we need to keep that in there  uh because we do a lot of traveling for work and we've had lots of instances of  uh it being tampered with okay Bard do you have questions uh for our applicant and uh I guess you so you will have electric power there it will be used as a garage  it will uh it will it be having have any kind of living facilities like bedrooms  or bathrooms or no sir uh it's exclusively for that um we're going to be using solar  and battery operated stuff in there so we do not intend to uh do anything electrical okay  and you won't have bedrooms or no no no anything like that nothing like that no  okay board members any any questions all right staff you have any questions no sir  okay um we have no speakers let the record uh reflect on this matter other than the applicant um board members uh we are now reaching the point point where we will consider  this particular application uh ma'am do you have anything else to say before we  get I think I've said it all but if you have questions for me you can ask okay thank you  ma'am board members we now will'll entertain a motion regarding item CU 202 2413 with your  motion please State whether or not you adopt the staff's findings of fact if you do not then of  course you need to identify all the criteria and the reasons why you do not do I hear a motion I move we accept the staff recommendations we have a motion do  I have a second second we have a second all in favor of this uh particular application  please raise your right hand let the record reflect that the uh application  was approved unanimously by the bo thank you thank you thank you thank you ma'am  we appreciate you being with us today can I celebrate I got you some chocolates all right okay board members we're  now getting towards the end uh is there any legal things that we need to know no oh good okay we're  good there uh Andrew what about coming attractions I'm going to turn that over to miss Rachel she can  tell you all about it the next meeting in July will so far just has two cases one case that  you've already heard is coming back um with a similar as this one and then a restaurant  I'm sorry a what a restaurant a restaurant okay we shall look forward no yeah uh with great anticipation all right ladies and gentlemen thank you so very much and this meeting is a joury oh well thank you ma'am I appre