level where may go trans your 
voice on so record so so if you   want to testify get your information please do at this good morning everyone this is the board of 
adjustment thank you so very much for coming out   we uh appreciate uh you being with us today 
and uh we have several cases on our docket so   we would ask that uh as they say everyone that 
has a has a cause to draw near and be heard uh   so good morning I would ask everyone if you could 
put your phones on silent or if you can turn them   off it really does help uh everyone's comfort 
so thank you so very much for doing that that   having said that this is the meeting of the 
escamia County Board of adjustment for April   the 177 2024 and it is now hereby called to 
order with six six members present is that right will the clerk please 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 help you God I do thank you members   uh of the board copies of the staff's resumés 
have previously been provided and remain on   file for reference the board has previously 
recognized the staff as expert W Witnesses   does anyone have any questions regarding their 
qualifications and abilities to present expert   testimony in uh these proceedings seeing none the 
boa meeting package for April the 17th 2024 with   a development services staff findings of fact 
has previously been provided to board board   members the chair will now entertain a motion to 
accept the boa meeting package into evidence do   I have a motion motion we have a motion from 
Willie do we have a second we have a tie for   second place and so we'll go to our chairman of 
Meritus Mr Smith uh all those in favor of this   motion please raise your right hand let the record 
reflect unanimous approval by the members of the board 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 Le uh the reading of these uh legal advertisements motion we have a motion do we have 
a second second we have a second all   those in favor please raise your right 
hand the motion passes unanimously members of the board have you reviewed the resume 
and transcript for the board of adjustment meeting   held on March the 20th 2024 upon your review 
of the resume and the transcript are there any   additions deletions or Corrections that uh need to 
be made seeing none the chair will now entertain   a motion regarding the hearing resume for the 
board of adjustment meeting held on March the 20th 2024 motion we have a motion second we have 
a second from the vice chairman all those in   favor of this motion please raise your 
right hand motion passes uh unanimously   we now will turn to the purpose of the board of 
adjustment and the conduct of this meeting in   particular and our vice chairman will advise us of 
these particulars the board of adjustments hears   administrative appeals variances and conditional 
use requests these hearings are quati judicial in   nature qu a 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 a 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 over returned by a court 
of competent jurisdiction the County May issue   development orders and permits for properties 
in accordance with the decisions of the boa   however if applicant requests 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   develop 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 said actions or any   aggrieved 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 will 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   a decision of the boa relating to an appeal of 
an administrative decision 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 submitted to   the clerk of 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 of this hearing   with members of the boa regarding matters 
under review today are considered expart   Communications ta party Communications 
are presumed pres disal under florid law   and must be disclosed as provided in County 
uh Board of County Commissioners resolution   93-113 before a decision by this board on any 
administrative appeal variance or conditional   use requests the chair will ask as each case is 
heard uh that any member who has been involved   in any exp party communication regarding the 
respective issue to please identify themselves   and to describe the communication we now turn 
to our first case this is case number CU 2024 d04 1800 Patricia Avenue the request 
is to allow liquor sales in a separate   building on site in ldm zoning 
Meredith Bush agent for Everest   commercial Investments LLC owner and I 
see that Mrs Bush is with us today uh before Mrs Bush uh makes her REM remarks uh 
it's necessary for me to ask have any member   received any ex parte Communications 
regarding this case seeing none has   anyone obtained knowledge or information 
obtained from a site visit or other sources   concerning this matter seeing none is 
there any board member who intends to   refrain refrain from voting due to a 
voting uh conflict of interest seeing none M Bush uh would you like to make uh 
some opening room marks I see that you   are here and also Mr and I'm sorry I'll if I'm 
sure I'll mispronounce it Mr John TR TR truski   trosi yeah uh would you like to make open uh 
any opening remarks I'm happy to address the   board um relatively briefly so you may recall we 
were here last month with the same matter and um   there was a desire from the board that we do 
community outreach and um specifically note that   it was for a package store or liquor store in the 
mailer versus simply saying liquor sales so we did   that we held a town hall meeting there were about 
15 people came out in support um we submitted   updated uh application materials specifying 
that it was a separate uh adjacent building   um and specifying that it was for a package store 
staff's findings did not change they're still in   support of the well they changed simply to note 
that it was a package store but didn't change   in the fact that they support um the approval 
that we meet all the criteria and again at the   community meeting everyone that was present 
was in support of of the package store so I   would simply ask that the board Grant approval 
today thank you ma uh I'll turn to uh Andrew uh   I noted that uh the fightings were essentially 
the same would you like to give a an abbreviated   version since we have discussed this at the 
last meeting fairly extensively but for the   purposes of the record uh I think it would be 
good to hear uh your comments particularly uh   involving the package store sales uh yes sir I'm 
GNA turn that over to Allison Lindsay she's the   Planner on this case and she will give you her 
updated uh findings in that regard good morning   uh board um Allison Lindsay urban planner 
development services so uh as of last month   we did uh redo the findings of the only change 
in our findings and we still were in support of   in the criteria a the general compatibility we 
did make the note that the proposal is to sell   liquor on the same parcel that's independent of 
the existing um restaurant building and that it   would be compatible with the surrounding land uses 
and the other finding that was U slightly changed   was the criteria D nuisance and hazards that the 
proposed use would follow the operating hour that   will be independent of the restaurant and should 
not generate unreasonable noise glare dust smoke   or other nuisances to the surrounding properties 
and all the other findings of facts remain the   same thank you board members first do we uh does 
the board have any questions uh for the staff no questions for the staff uh 
are there questions for Mrs Bush no questions for Mrs Bush I have just 
one question quick question how many um were   in attendance um of that meeting from the 
community about 15 okay was it a better out   come after after work hours did that work out 
better or um we had not attempted one during   working hours but I I do think that you know 
after working hours makes it uh where people   are more available to come out and this was 
held after working hours okay thank you yes   I've got two quick questions that um I'm not 
sure U if I ask last month do you know about   how far far is it from the restaurant site 
uh to the housing area where the housing   begins do you have any idea um staff do 
you want to pull up a map or an aerial perhaps so you'll see there to the north 
of the property um on one side of the road   Ro um is a trailer park right um on the 
other side is a residential subdivision   right do you have any idea about how far 
that is it looks maybe half mile or so speak I'm not sure if that was measured it's a it's not far but yeah 
okay it's itman not far it's a tenth of   a mile to the uh to Moore Avenue which is 
the residential subdivision North and on   the east side of the road okay I would like 
to add is um I I go there quite often due to   due to my other occupation that I do have 
as a pastor on Sunday mornings that that   area is heavily heavily vegetated so 
honestly speaking I mean they probably   even know step because when I say it's heavily 
vegetated it's heavily heavily vegetated and uh and as to where Patricia goes down to Fairfield 
that uh if I recall is also a fairly not terribly   long distance but a but a pharah yes sir it's 
about a quarter of a mile to Fairfield Fairfield   okay uh those were my two questions does anyone 
else have any questions would Mr John truski like   to speak yes sir all right sir could you come up 
and we would ask that uh you give your name and   address for the record and be sworn in by our 
clerk okay it's John truskowski my address is   39 Three G VI Lane Pensacola Florida please 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 I do thank you go ahead yeah 
all you know I'm here to just verify that this   property is one of the few uses it's going to be 
able to be used for it is on a flood plane area I   think it's going to be a service to the community 
we take these abandoned buildings we redo them   we remodel them and they become an asset to the 
community and people that showed up at the town   meeting were very much you know in favor of it 
gives them somewhere close to home to go entertain   themselves and then get home safely so all we're 
here to do is help the community we're here to   service the community and as an owner of the 
business that's my main goal but that's it board   members do you have any questions for our witness 
I have a question is the same owner going to own   the restaurant that's going to own the liquor 
store yes I am that owner yes it is the same okay are there other questions seeing none thank you for your 
testimony sir good well Bor I I believe   we're now at the point where uh we have to make 
a decision on uh the uh disposition of this   petition uh we've heard extensive testimony uh on 
it uh from last month uh and we've at least as far   as I'm concerned I've had a couple I had a couple 
of additional questions in Reading file last night   it essentially is as the staff has stated doesn't 
really has not changed the findings but they are   have become more uh uh precise in that we are 
talking about a package store here uh are there   what are the comments of the board M Mr chairman 
I move that we accept staff's findings of fact   and Grant the conditional use we have a motion a 
second we have a second uh do we have any further discussion I will say that I'm going 
to support this and the reason that   I'm going to support it is that given 
the location and uh if I understood I   believe it's Mr Jones's testimony last 
uh at our last month's meeting the area   around this property is wetlands and is more 
than likely not be subject to development yes   it is located fairly uh it is an island and 
in one sense and it is in my opinion located fairly uh far from both housing uh and uh 
fairfields the intersection with Fairfield   I share the vice Chairman's concern though that 
she expressed uh or comment that she that this is   a local road but uh as I think uh Andrew pointed 
out I believe the staff did that it is not unusual   given a scam County's growth pattern and uh that 
we have these situations where you have businesses   that are located on uh essentially local roads 
that are serving more than local traffic so for   those reasons I know that we have to be very 
cognizant about these kinds of cases and uh I'm   satisfied that a vote to approve this uh given the 
circumstances and geographically where it is uh   would be in my opinion something I could support 
are there any other comments I just want to   just want to add to that um you know like I like I 
said before I'm not a drinker but that has nothing   to do with my decision today um you know I I 
I applaud you guys for um going back to make   sure the community understood exactly what was 
there this is the second time y'all y'all are   here and um you know I'm very satisfied cuz you 
know um you know we have to be transparent with   the community and um I hope you keep the owner 
keeps that positive positive attitude you know of   being a positive um addition to the neighborhood 
so in order to do the right thing because U it   does meet the criteria I will be in support of IT 
board uh hearing those remarks uh if there are no   others every uh those in favor of granting 
this petition please raise your right hand and the petition passes 5 to one 
with the vice chairman uh in descent   and thank you Mrs Bush we appreciate 
you being with us this morning thank you and now we turn to our next case our next case [Music] is V 20 [Music] 24-1 and if we could bring up the the text okay this is uh 335 Deerfoot Lane uh the request is for a 
front setback variance uh John H Holan Jr uh   is the owner first uh have there been any expart 
Communications with the board U concerning this   matter seeing none has anyone obtained knowledge 
or information from a site visit or other sources   seeing none is there any board member that intends 
to refrain from voting due to a voting conflict of interest seeing none Mr Mr Holan are you with 
us today yes sir could you come forward please   raise your hand and be sworn by the clerk 
of the board 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 so be God yes I do thank you 
please state your name and address for the   board John Clinton hollahan Jr 335 Deerfoot 
Lane cantonement Florida 32533 uh Mr hallan   would you like to make an opening statement 
or would you like to uh have the board uh the   staff uh give their findings first and then 
you will have to will follow up with your   comments it's depending on how you feel about 
that um I think I'd like to let the staff do   their findings first and then I would like to 
make my comments if that's okay all right so all right morning board Andrew Homer scamby 
County development services uh again this is   variance case 20 2401 here we have our location 
map our 500 uh foot radius zoning map showing   the zoning is low density residential our future 
land use map future land use is mixed use Suburban   this is a contour map um that I included as part 
of the packet um as with all variances um being   related to hardships on the land I wanted to uh 
include this contour map and I'll refer to it   during my findings uh this is an aerial map of the 
site uh at the time this was taken it was it was   heavily wooded it has since been cleared uh under 
the issuance of a building permit and you can see   to the rear to the north of the property is a 
wetland area this is public hearing sign posted   on site this is looking Northeast along Deerfoot 
this is looking at the front of the property from   Deerfoot and that is Southwest along Deerfoot 
uh looking across Deerfoot to house across the   street looking South along the west side of the 
property looking Northeast across the rear of the   property uh it's looking North from the west side 
of the house towards the Wetland area back in the trees okay that that concludes the photos as to 
the findings um we're in a rather unique situation   here um we have an owner 
Builder on this this residents um I'm trying to think of the best way to 
to approach this without throwing too many   things at you at one time um County staff 
from both development services and Building   Inspections go out to residences as they're 
under construction they're checking for a   number of things but one thing they don't 
check and verify is building setbacks that   is that is up to the the Builder uh in this 
case an owner Builder um County staff did go   out uh it did get signed off at the foundation 
stage and the house is now currently dried in um   it was after that those visits um that 
it was brought to staff's attention that   the structure may be closer to the 
right of way than is allowed by the setback the the applicant we requested 
that he get a survey he did um and the   survey showed that instead of the required 25t 
setb it's actually one foot off the property   line um this came about uh for several reasons uh 
it it's not a situation that to go out there and   I've been to the site that it would necessarily 
jump right out um we're dealing with a 60 foot   wide ride of way which is wider than a lot of 
them these days at 50 and a relatively narrow   asphalt strip down the middle um the applicant 
measured his front setback from the edge of the   asphalt which is is centered in the the right of 
way at this case um which is not the the front   property line so I'm going to go through the the 
criteria here um beginning with saying that the   requested variance is a uh is a request to reduce 
the required front yard set back from 25 ft to 1T   for the construction of a detached single family 
dwelling as to the specific criteria Criterion one   the parcels along this side of Deerfoot Lane 
slope to the rear but this one is unique in   having a draw that runs diagonally across the 
parcel the elevation drop on this parcel from   front to rear is 26 ft and this feature combined 
with a diagonal draw create practical hardship   for construction building across the draw would 
require a large amount of fill to be brought in   to raise the foundation and to slope the land 
away from the foundation from that foundation   for proper drainage that action would have the 
potential for negative impacts to the adjacent   wetlands and if you could go back I'm sorry if 
you go back to the uh contour map thank you as   you can see um from the the contour lines there 
that draw runs north to south um diagonally across   the property and the house was pushed forward 
to uh avoid that and the the potential for erosion as to the second Criterion the need for 
a variance in this case is due to actions by the   applicant he measured the setback from the edge 
of the pavement instead of the right of way with   the result of not meeting the front setback 
the pavement width at this location is 20 ft   plus or minus within a 60ft ride of way which 
is somewhat unusual being narrower for Paving   and wider for ride of way third Criterion given 
the existing hardships granting a variance would   not confer the applicant any special privilege 
that is denied to other lands fourth Criterion   duee the existing hardships of the land 
strict application of the LDC Provisions   would create an undue hardship Criterion five 
this is dealing with the minimum make to make   possible the reasonable use of the land the 
Topography of the parcel would necessitate   some degree of variance to either the setbacks or 
the size of the dwelling but the amount requested   is more than the minimum necessary to make use 
of to the land Criterion six uh granting this   request would be consistent with the general 
intent and purpose of the Land Development   code it would not be injurious to the area or 
otherwise detrimental to Public Welfare as to   the recommendation staff finds the request does 
not meet criteria two and five two being um the   one dealing with the special conditions and 
circumstances is resulting from the actions   of the applicant and five being the one dealing 
with what is the minimum variance required to make   possible reasonable use of the land building 
or structure and that concludes the staff's findings sir uh yes sir would you like to 
make some comments and you have read the   staff report is that correct yes have yes 
sir okay well uh basically it's to put in   layman's terms I mean I found the lot it was 
the only thing I could use within my budget   and I've brought in literally over a hundred 
loads of dirt so far to build it up to where   I could put the house and use the land and 
I set back as far as I've could I've been   fighting erosion like there's nobody's business 
especially after that storm we had the other day   if I had set my slab back any farther than 
what I did it would have been washed away by   now and granted I made a huge mistake and I'm 
just asking uh I I excuse me I uh took it for   granted that when my slab inspection I was told 
you know to go ahead and pour and for the rough   end and everything and I figured I was okay I 
didn't even think about that uh this is not the   first time that I've built a house this is the 
second one I built one back in 1996 where I was   my own contractor as well uh I realize this is 
a huge mistake on my part and uh ignorance is   no excuse but I'm just asking all of you please 
just I'm not I'm not doing anything detrimental   to my neighbors they've all been asking why' 
you stop why did you stop and I explained to   them that I made a huge mistake and if if I can't 
get this bottom line is I'm going to be broke and homeless and I all I want to do is finish 
my home and have something to leave my children um the the as he said when when I cleared 
the property out it was like like this and you   got 26t from front to back difference and I've 
brought it up I cleared out half of it I cleared   out 100 by 200 and I brought it up and brought 
it up and packed it down and I set my house back   as far as I felt safe because of the erosion 
problems that I was having [Music] and it's I just ask that you please consider and please 
have mercy and allow me this to finish my home   thank you thank you sir you're welcome we 
uh this uh board may have some questions   for you so if you could just um uh stand 
by for a second yes sir absolutely St uh   uh board members do we have any questions 
first for staff and then for uh the homeown   I have a question for Dre I'm not 
familiar with how you get a building   house permit um development order 
whatever it is for to build a house um it seems like one of the things that the 
building Department would look at would be a   survey and some type of uh position of where 
the building will be on the on the survey am   I wrong or so as as part of the building permit 
getting land use approval a site plan is required   the site plan did show what the setbacks needed 
to be of 25 ft in the front um I site plan it's   not a survey though correct so it does mention 
in that document there's big highlighted area   uh that says we do recommend a survey um we we 
can't require but we recom we highly recommend   and uh anyone would like to walk into our lobby 
you'll see some uh rather vibrant bright green   signs uh that say the exact same thing that 
we don't verify your setbacks you we highly   suggest um that you get a survey to make 
sure you're within them um that that does   bring up a point um that we consider staff 
level when this issue first came to us um   we have a process called vested rights um it's 
a process whereby if if there was an error uh um on the staff's part if the staff made 
a mistake and someone proceeded with a a   project um and you know expended funds um there 
is a way to to process that as a vested rights   claim through the planning board and then the 
BCC um but in this case uh there wasn't an error   on the staff part um again we we and Building 
Inspections neither one of us verify the setbacks   um that that is completely on the Builder and as 
I said going out to the site at first glance you   wouldn't think there's anything too odd about 
it um but the survey itself shows it is simply   one foot off the property line given the rather 
unique situation of the layout of the right of   way uh the narrowness of the paving it like 
I said it's not going to jump out at you at   first um and the measurement for the setback was 
done from the edge of the pavement instead of the   edge of the RightWay and can you tell me why 
a scambi county has right of widths so rideway   widths um they vary okay um for arterial roads as 
opposed to collector roads local roads um local   roads generally you're going to get that width 
of RightWay when a subdivision is platted okay   that that that gives you that layout um for some 
reason this is 60 ft as opposed to to 50 ft which   you see more often in newer subdivisions um I 
I wasn't here when that was platted I I can't   explain why that is there are just some are wider 
than others what what happens within a ride of   way what happens within a right of way a right 
of way differs from an easement um an easement   someone owns that property and they're granting 
someone else the right to cross over above through   across right of way is simply essentially unowned 
land that anyone has the right to Traverse that's   where your utilities are installed and buried um 
and anyone in an open public right of way has the   right to use it for conveyance and and and as you 
stated also and there could be sometimes utility   companies they many time they have to do some work 
in those and in those areas ECUA some sometime the   county has to come in put more piping so so those 
that RightWay is basically is set asite basically   for those sometime Road expansion so so they 
preserve that right to make sure that Ste County   own utility companies if they need to put in 
wires or anything like that that that is available   for that individual home or for that community 
so the county can use that right of way for uh increasing Road width um storm water runoff 
sure um utilities any any sort of infrastructure   yes can go into a RightWay that's a good point 
yes is as long as it's not blocking the purpose   of the RightWay right right in fact I think isn't 
it true that the reason you have rways is that   very reason for utilities storm water maintenance 
all those um those items that are all part of the   transportation system is yes sir that is that 
is correct um and this isn't the first time this   happens there there is confusion usion as to where 
does where does my property start um most folks   don't realize that pavement is not the edge of 
your property um that pavement is generally well   within though not always centered in but well 
within the right of way I've always understood   that you look to see where the uh electric poles 
are put and if you do that you can figure that's   probably about in the middle of your rideway um 
as a reference yes um it's generally on the edge   of the right of way the power poles um reasoning 
for that you you want to get it needs to be in the   right way but obviously you want to have it as far 
back from traffic as you can um other things to   look for water meters where's the water meter um 
and telephone boxes that kind of yes sir yes sir   um and at this site there are power Poes there's 
not a whole lot of other infrastructure items in   that right of way um that's why I'm saying it it 
it doesn't necessarily jump right out when you   when you drive by the site do we have any more 
board questions I actually had a question for   the staff I just I've only been here about a year 
and a half and I just on your recommendation you   didn't say yes or no on that it was just pointing 
out two facts correct so um for staff to recommend   approval variance needs to meet all the criteria 
and this one doesn't meet two and five all right   got you thank you yes sir any more questions 
Mr chairman could we see a picture again of the house um yes I'm going to 
in fact if you could pull up let's see we we can use those um so these 
are some these are some photos um this is at   the rear of the house showing the the impact of 
uh erosion by that draw um again that was that   was something I pointed out staff would uh would 
say for any construction on this site we would   it would need necessitate some sort of 
a variance um simply to keep as much of   the erosion from the draw from getting into 
the wetlands um would you yeah click on that   so this is uh again the view looking from the 
pavement on Deerfoot towards the front of the house I have a question for staff yes sir Marty 
um if I understand it right the r is 60 ft and   it's more typically 50 ft if it were 50 ft would 
that mean that the the house is within 11 ft of   the property line no sir um the the setback is 
measured from the edge of the right of way so   wherever that right of way would be um it would 
have to come back 25 ft from that so even if if   the RightWay was narrowed it still would require 
the measurement from the right of but it it would   be 11t instead of the one foot that it is yes 
sir okay well it it would depend I mean is it   is the right away being reduced by five feet on 
either side or I got you yes sir okay thank you   I've got a question sir yes sir and to your 
credit you've admitted that you were mistaken   yes and I would take it then you're not don't have 
professional Sur surveying experience or anything   like that is that true uh no sir I don't myself 
uh when I staked it out I got the guys that did   my slab they come and cited it in and I told 
them where to put it yeah so you didn't have   a professional surveyor uh uh do it for you 
no sir I did not until after yes sir correct   the question Rose yes sir oh okay uh I have 
another question can we go back to the findings absolutely go on down uh let's see somewhere it you mentioned that there is um obviously you can't have a zero lot line 
I suppose is what you're saying but you did   mention that uh the amount requested is more 
than the minimum necessary to use the land uh   would you have any idea of where how much 
uh property or how much of a setback would   be available that he uh could use our applicant 
could use to build the property or to complete the property is there any I mean so we we know zero 
is not the answer correct um yes sir if if the   situation had been one in which um there had 
been a survey and it came for land use approval   um given the the physical hardship of the land 
that the layout and that Contour drop um staff   would have absolutely been in support of some 
sort of variance to the setbacks um we can do   20% % administratively this probably would 
require more than that and a visit to this   board uh but staff would have would have been in 
support um it would simply because this actually   has that hardship on the land um I couldn't say 
that staff would be in support of a reducing the   setback to one foot um that that's a bit of 
a reach uh the house could be moved back some   made smaller wider you not as deep something like 
that um there's a whole lot of unknowns there and   and I wouldn't be comfortable speculating on that 
well if I understand or uh maybe you can help me   with this to when you essentially have a a zero 
lightline the house would the what's sitting on   the lot line is that pretty much it essentially 
one foot back from the right away one of the   things that we as a board have to consider is 
someone might build next to this lot and you've   got a house that is uh right on the lot line 
I can see ore some uh problems if that should   arise so so it's you know it's I think there's 
more while you know we're sympathetic obviously   there's houses on each side of me already built 
that that's correct in that photo you can see um   there is a house on that side um I'm sorry wrong 
photo let me try a different one uh so there   you go um you can see beyond the sign there is a 
house that is on the east side um and again this   is taken from the edge of the the pavement not the 
right of way um that house does appear to meet the setback but it's um how should I say this it I don't want 
to say it's an illusion um right but it   it does at first glance this one does not 
look to be simply a foot off the right of way when did you purchase 
the property um last year   uh September October somewhere somewhere back in there and obviously during the this the   the previous owner didn't 
have a survey or or what have you I just I am having a hard time understanding how much complexity 
this this property has with its topography and a survey or you didn't reach out to someone to help 
you put it in the best place possible I when   I bought the property I had it surveyed I 
mean that was the only survey I had done   was to buy the property itself okay so you 
had the property surveyed at Clos where my   lot was you had the property surveyed 
at closing or a a boundary survey done   yes ma'am okay during a boundary survey when 
when you go out to do a boundary survey they   Mark the corners of the property for you yes 
ma'am so you knew where your Corners were yes ma'am left right and both backside okay so you knew where your Corners 
you knew where your property line was and you   built one foot off of it I didn't realized 
that I was one foot off the RightWay I I   measured 30 foot from the edge of the road to 
my front door okay you said you knew where your   property property was your front property 
line was because you had a survey done at   closing right yes ma'am okay so that's your 
front property line and you go from there to do your house so what you're telling me 
is that you knew where your front property   line was and you built it on your 
front property line 30 foot back um   from my property line my front corner 
to my to my front door let me see the survey okay this is your front property line that 
was marked on on the ground um can you show them   where the you can't see what I'm doing show him 
the front property line okay the four corners of   your property were staked if you had a survey done 
these little these Corners are staked every time   a surveyor does a a boundary survey I did not have 
a professional surveyor come and lay my slab out I   understand but you and that's fine but you did say 
that you had a survey done at closing not to show   where my house was going to be just to show where 
my property is yes ma'am I understand yes ma'am so   you had four corners of your property state for 
to do a regular boundary survey to close on your property by virtue of you having that survey 
done you knew where your front property line   was correct okay and you built it a foot off 
your front property I didn't realize I was a   foot off that do you know it's I know this is 
all my fault I do I did not realize where I   put it and but I'm not causing any harm to anyone 
beside me or are not impeding anything on anybody   I'm not asking for special favors or anything 
like that I just want to try and finish my home   so I'll have somewhere to live and I understand 
I've made a huge mistake but I moving it is not   a option from me reading this and you telling me 
that you knew full well where your front property   line was and you continue to build one foot off 
of it I did not know I was one foot off of it I   did not realize that all I knew was I had a stake 
up by the road a steak up by the road mhm and I   said okay let's go 30 foot back from there and 
put my front door right there uh you did know   that deerfi lane it's indicated a 66 foot right 
away no sir I did not but that was ignorance on my   part I mean well did you have this drawing 
uh before you began your work the one that's   on the screen now no I did not you did this is 
after but he had a survey done at closing and   he had his property Corners marked because if he 
had a survey at closing they would have marked   his property corner so he knew what his front 
property line was his front boundary line was yeah any more comments from the 
board or questions I would just   add that I I agree with staff in the two 
and five but I also agree I also want to   point out that also number six also applies 
to this situation um I disagree with staff   on six in that it would not be in injurious 
to the area or otherwise detrimental to the   public welfare that right of way is a right of 
way for a reason we have setbacks for a reason whoever lives in that house let's 
just say that somebody lives in   that house when they step out their 
front door they're in the right of way if the county wants to come in and put 
some type of INF um infrastructure swell uh   because of storm water runoff when he walks out 
his front door he's going to go into a ditch when uh Gulf Power or sorry Florida Power and 
Light um or I don't know ECUA um goes and wants   to redo piping um sewer water what have you we are 
in essence making a problem for whoever steps out   that front door that that there's going to be 
construction right outside his front door and I   do believe it is injurious I I believe it's it's 
going to injure whoever lives there that's going   to be me and I don't have a problem with that I 
mean if I need to sign something to say I will not   hold anybody responsible for any way or anything 
like that I'll be glad to I'm not I all I want to   do is finish my home yes I made a mistake and I'm 
just asking you to please please let me finish my home Andrew what obviously as I said the answer is not zero zero what what can we do I mean it's 
a you know that old saying to ear is human and   this has happened uh and it really wasn't anything 
except just as it's been stated it was a mistake   what can we do to help him realizing that we have 
to maintain the Integrity of the right away uh   I mean I don't I don't know the answer I would 
hate to know that's either or either we say that   uh it's all okay and you know build on or I'm 
sorry you we you can't proceed I I'd like to   know that there's a middle ground or something 
that we can do to help uh I mean let's face it   life is like this and and here's someone that's 
proceeded in good faith and just really but I   say I disagree with that I disagree with that 
he did not proceed in good faith by virtue of   the fact that he got a survey done and he knew 
what his his front property line was well it's   I suppose there is some U if you know how to build 
a house you know what your front property line is   well it I mean I would say there's some Merit in 
what you say there's no doubt about that but if I   may um so I don't have a whole lot in my toolbox 
uh to deal with certain situations um that's why   I mentioned the first thing we thought of 
from staff perspective um was is this a   case of vested rights okay there have been other 
requests that have come to the staff in the past   uh that when we did our investigation we realize 
that's the direction it needed to go um this one   there simply was not an error on of omission or 
Commission on behalf of the staff right um which   left us with only this this process this variance 
process and as I've explained to this board many   times um staff's findings are black and white um 
this board exists to address those gray areas and   uh this one's very basic you see the situation 
um and I'm out of options at this point and if   I and if I may if I may with our finest J and 
I and myself and we we bad our heads it's it's   it's challenging we understand that the house is 
there we understand that the cost is there however however practically houses can be moved seriously 
I mean I it may be that just that's a fact that's   a I'm not saying that that's the way to go but 
houses can be moved it it it may be costly but   houses can be moved backwards they can be moved 
forward it may caus us some things I understand   that but we are in we we are in a precarious 
situation um Miss bash the points that you   made spot on we do I we thought about those 
things as well we consulted what the County's   attorney's office about veget rights there's 
no action on that part but taking on the houses   Can't Be Moved 5T back for example let's say Our 
Land Development code does allow for a detach C   structure if there was back or something like that 
5T off the property line that's what for detach or   sensory structure code does allow for that we do 
allow 20% from an administrative variance so from   from the from the required yard um we that we do 
allow for porches per se to go into the setback   area so many feet into the setback area so again 
being that this is one feet off the property line   that is challenging as Mr ju stated we definitely 
cannot recommend that but I know his point is that   it's costly but this is where we are and I believe 
that this what the board is sort at um at a point   but houses can be moved they can they can be 
setback they can be moved backwards um they   can but I know that's costly I'm not saying I'm 
not saying that I'm just trying to give them some   opportunity for them to to consider that being the 
case as Alternatives measures um I have a question   U Mr chairman um for step what are the chances 
of um something occurring on that road in front   of his house where they would need to utilize the 
RightWay right there in front of his front door   what are the chances so I I I'm not with public 
works okay um this is an established neighborhood   um I don't foresee any sort of infrastructure 
projects that the county would be doing in there   currently um or in the future it's it would be a 
challenge on his side of the road if if the county   was to try to put in some sort of a drainage Swale 
um given how all these property slope uh to the rear but I I can't say with certainty that there 
wouldn't be a need I just don't foresee it at this   point I just um want to um just share this quickly 
with the board members um you know we we've had   cases that come before us before where people they 
make mistakes some of them did it intentionally   some of them did it not knowing and um I don't 
know I don't know him personally so I don't know   if he did it intentionally or know not knowing 
but you know there is a such thing as great   and I'm thankful for that and um cuz I'm sure 
everybody in this room at some point of time in   their life have did something that they shouldn't 
have did knowingly but they got away with it some   of them didn't get away with it that doesn't 
make this situation right at all but he is going   through a hardship and I think we should consider 
the fact that hey he's up here today he's saying   it's not no it's not staff's fault it's no one's 
fault it's his own own fault and he's saying that   publicly and um if it's not going to interfere 
with the RightWay I think we should really think   on that and this and I do want and I do want to be 
careful I don't want to say that this is or it's   not actually because as Drew stated that things 
do happen but we want to be clear for the record I   understand what you're saying but the possibility 
is there that that is what it was set aside for   uh so we just want to be clear going for 
that that St we're not saying that nothing   not going to ever happen because we as D State 
we not Public Works and we can't really really   say that I understand about Grace I believe 
in grace automatically but we just these are   of things that we got to consider um so I I 
I do want to add to what Mr Jones is saying   I'm looking on street view uh along Deerfoot 
Lane and drainage infrastructure is president   on the other side of the pavement the other side 
of the road I'm seeing a covert that goes under   Golden Rod a uh drainage Swale and culverts 
under driveways all on the other side of the pavement my concern is not only the county but 
you've got ECUA I you've got utilities you know   fpnl you got AT&T there's no telling I just wonder 
what kind of liability the county will face could   face if we uh do Grant uh uh uh some variance 
here so um something else I'm noticing all the   power lines are on the other side of the road as 
well um and keep in mind if this was a situation   in that this structure would is in the right 
of way itself there's simply no way we would   be able to deal with that um short of moving the 
structure this is on his owned property it's not   in the right of way um the county the county is 
not going to be responsible for things on his   property um essentially it's it's not in the right 
of way while it's a foot off it's still on his property and also I don't I you're talking 
about moving how I poured a monolithic slab   you don't move those that's that's not an 
option besides the fact I don't have the   money board members are there any other 
questions or comments I have a question um the uh Public Works does is not 
a part of the approval process in   the normal sense of getting building 
permit is that correct that is correct   um would is there a way that this issue 
could be taken to the public works for comment um and I'm I'm for instance you know ask 
the uh Public Works whether this is a problem to them I I could uh again it be speculation 
basically because I I'm not aware of any   plans for any upgrades to the infrastructure 
in that area and um the infrastructure that   is is all on the other side of the RightWay it it 
just seems to me that um although the house is on   his own property um because it's infringing 
upon the setback and there's a reason for a   setback um with Public Works um would it 
be reasonable to um ask Public Works um   if they're posed a problem they would know 
more than you what's in the future I would   assume that you're absolutely correct B this my 
second it's not a question it's a point um in   in my early life I purchased a um existing 
house and in during the survey for um purchase   uh purposes um we found that the front 
porch which was an entry uh enclosed entry um um impeded on the setback and so in purchasing 
that house I was required to buy insurance so that   if uh the county the county area at the time um 
needed to work in the um in in there and damage   my house the insurance would come would cover it 
so I was protected and the county was protected   have you run across any issues like that any 
possibility of protecting the homeowner and   the county uh no sir there there used to be and 
and I'm sorry it was in the old code there there   used to be a provision regarding signs uh and 
some sort of a hold harmless agreement u based   on their location relative to the the RightWay 
line um but as far as a single family home like   that I'm I'm not aware of anything um for the 
homeowner um have you talked to your insurance   company on um property insurance with respect 
to this issue I figured until I got this issue   resolved they wouldn't they wouldn't even 
in Ure me because I what am I going to no   I have not I was waiting to see if we get 
this then I can go get the insurance on the property I mean when when when they shut me 
down I said and and I'm think because I can't   get homeowners insurance right now because 
I the county has me stopped so if I get this   variance I can get the homeowners insurance on my 
property and on my home I I guess that's part of   my concern is um if he goes ahead and finishes 
the house if you're paying cash for it I don't   see a problem but if you're having a mortgage on 
this I don't have a mortgage but at this point   I've had I'm to the point where I am going to 
have to go and get a a small a loan to finish   it because I've had to bring in so much work 
dirt and stuff done to fight the erosion that   you could see on on the pictures my concern is 
that um if you have to get a mortgage will any   mortgage lender um approve a loan um knowing 
that there's a a problem with the with the the   location and Mr cck you bought up a very and we 
wasn't aware of this um that that that aspect of   it um if he do have to get a loan especially now 
loan companies they're calling us left and right   about is these properties conforming many 
times in the new they are requiring surveys   um so those are the things that as a director 
I will have to get with you on legal on how to   deal with those things especially because they 
are calling us left and right about especially   if there are mortgages that are involved and and 
and and that's I'm I'm I'm just for the record   they they are so that could be because I signed 
them all the time I'm not trying I'm not trying   to cause any problems for him I'm just saying 
that's something that I would have to consider   going forward with legal assistance if possible 
I am not taking a mortgage loan out I'm going   to get a personal loan this is all from I built 
this when I sold my house I built this out of my   pocket and I'm just going to have to get a small 
personal loan to complete okay everything that I   need to do and then I will get insurance on it and 
I will do whatever I need to do I'm just begging   you please let me finish my home or I'm going to 
be homeless and broke and I will have nothing to   leave my children I know I made a mistake and I 
apologize for that but this was not something I   did on purpose the last place I want to be is 
here today and I'm just asking you please let   me finish my home yes understand I mean I'm not 
trying to get over on anybody I'm not trying to   get fair I made a mistake I understand that and I 
can't take it back but I'm begging you please let   me finish my home so I have something 
to leave my grandkids and my daughter yes sir I'm sorry about being so emotional this 
this is a bad week for me this is my late son's birthday and all I want to do is provide for 
my daughter and my three grandkids that's   all I'm asking you to let me do yes sir we 
appreciate your testimony sir understand thank you board members any more comments or I I 
wonder I don't want to delay this any more   than necessary but I would certainly feel more 
comfortable if I were out at the site and looked   it over myself um I I may not learn anything 
from that but being there would convince me um   that I've done everything I can to feel good 
about whatever my decision is going to be I   wonder if anybody else on the board um has an 
interested in doing that well we we would have   to have a public meeting if there were more than 
one person and that would be fairly involved if I   remember from my experience doing this um it it 
would certainly be challenging uh we would have   to I mean you have to and all that sort of thing 
uh it's not really there were some cases on that   back when I used to do this stuff and uh we did 
it before it's very challenge a lot of logistics   there yeah it's a lot of logistics Madam attorney 
would there be a legal problem with one board   member if he so wished visiting the site and 
then at the next meeting made a declaration of   uh you know to fulfill the uh requirements of the 
resolution and all that uh you're asking if this   hearing can be postponed well I guess it would 
have to be if we get to that point uh I was just   inquiring Marty had indicated that he would like 
to see the site and uh therefore we would have to   continue it till next month but what I was my 
question was would um with it provided that he   makes a disclosure at the next meeting yes and a 
decoration of whatever you found and all that uh   okay Mr chairman yes sir is that something we 
would vote on um to hold it off or yes yes sir   uh we would have to uh to vote on this this is 
a difficult case it if I might say so and it's   of course very emotional that's for sure um it 
is are there other comments I just want to say um I'm I'm ready to move forward I don't know 
about the other board members but um I think we   should vote on this today um it's pretty clear 
what's going on um with this situation I don't   feel going out to the site would change anything 
um about the situation and um I feel comfortable   with moving forward and going ahead and make a 
vote on it today all right um I I do have one   thought uh if we uh do move forward with a vote 
I would recommend and uh that we include in that   vote should it be uh ex uh positive uh to uh 
and overturn the staff uh that that there in   this case I don't think I can support this 
unless there was was a the homeowner would   sign a uh a whole harmless agreement that would 
relieve the county of any responsibility because   you know there are no utilities right there 
now but the way this county has been growing   now check it out in five years or 10 years and 
you know you they have road construction brand   new subdivisions all I can see all kinds of 
infrastructure uh being put in and it's just   not uh I mean the the home is on his property 
but for me to support it one of the key things   that's going to have to be is that there's going 
to have to be a liability uh uh release for the   county whatever you need draw it up and I'll sign 
it right now um just another question Mr chairman   um this this area is surrounded by Wetlands 
correct um there won't be any subdivisions   behind them or anything no no sir this this 
subdivision is platted out as it is uh the   wetlands are to the north of him um but there's a 
mixture in that entire area of wetlands everything essentially Highway 29 and the rail line through 
there are kind of the high point dividing the   drainage basins so everything on this side is 
going to be draining to in this case Northeast   that all goes to the uh to the scambia river so 
there's there's quite a bit of wetlands throughout there thank you well I I think our first order of 
business then ought to be to decide whether or not   we want to proceed uh today and I'd like to maybe 
we could just have a consensus on that and then   wherever that leads us then we would actually 
uh propose a formal vote what's the board's   feelings do we want to hear this dispose of this 
matter today yes we have a yes yes most definitely   yes Ry yes Mr Smith I'm not sure what uh are you 
are would you prefer that we vote on this rather   than continuing it yes all right and I too uh I 
think in this case continuing it is not going to   it's not going to change anything it's not going 
to help the out outcome all right given that do   I hear a motion I make a motion that we Grant 
the variance oh God thank you we I'm sorry what   was that that we Grant the variance okay and Mr 
chairman um is it fair to say we can add to that   motion that um the owner's um the owner will 
be responsible for any um injuries or any bad   outcomes you know that may happen in the future on 
that absolutely uh and so if I understand you're   seconding the motion yes if he if he adds that 
to it and you are adding uh the requirement that   there be essentially a whole harmless agreement 
that would protect the county from any kind of   liability associated with the the uh granting 
of the homeowner's request is that right that's   correct um as long as um that's part of his 
motion also please address staff's findings   regarding criteria 2 and five yeah in just just a 
second I want to be sure we're we're all right uh   um I'm I'm sorry I'm sorry I do got a question 
about the whole har agreement um if if that's   what we're going uh uh uh um Madam councel 
um will that whole humps agreement have to   be approved by the BCC or just I'm because I 
don't this is the first time yeah we have never   taken that right path and correct so you're 
suggesting that the county and this gentleman   enter into a hold harmless agreement right 
that's my thought and that the county uh is   release from all liability relating to the 
Mr chairman we of varant we do have a hold   harmless that's codified um but that is regarding 
um seaw walls okay Shoreline armoring as soon as   you build a seaw wall you start eroding your 
neighbors right Etc uh but that is codified   that we take that to the BCC and it's holding 
the county harmless for any impacts from that   person building the wall I I've got nothing for 
a situation like this and I'm I'm certainly not   the person who would need to be drafting that sort 
of an agreement no and I I do believe that would   require board approval yes because the chairman 
would have to sign it yeah I'm certain that it would well what what I would tell you 
um should this board Grant a variance   that is the county saying it's okay for this 
structure to be located where it is absolutely   um and and once again it is completely 
on owned property outside of the Count's RightWay but you would need 
to address the criteria in   the code yes yes because all of 
the criteria must be met thank you let's go back to the criteria of this and Ross I think you uh made the initial 
uh motion uh would you like to look at two   and five and give us your thoughts uh on uh 
why you uh believe believe that that was in   error two and five well they they aren't in 
error they made their findings I mean he has   admitted that it was his mistake that's number 
two um what was the next one I'm sorry five uh   variance granted minimum variance make possible 
reason of the use of the land Building structur   um I'm a property rights guy I don't like the 
idea that a man has to come graveling to us for   the use of his own land I understand we have VAR 
we have rights ways and stuff like that but we're   here for the very point something happen we can 
grant the variance [Music] um I've dealt with   the city the Architectural Review Board a lot when 
building my house and I just didn't like the fact   that I had to go beg for simple things on my own 
land I mean that's just my personal thing we have   so I take it then from what I I gather are you 
saying that the variance uh that we would uh if   we would Grant it it would be uh the minimum that 
is the reasonable use of the uh building is that   is is that what you're saying yes okay all right 
uh we have a motion we have a second and at this   point we're ready to vote uh you have heard uh 
the motion that is before us please raise your   right hand if you favor uh this uh finding these 
findings uh and overturning the staff's uh uh   of of findings and are you still including some 
sort of hold harmless agreement well I would like   restate the motion perhaps uh I would like to see 
that uh I sort of got the feeling that I was the   was the man that was on the island all by himself 
on that point but uh Mr chairman you're not um   if we could restate the motion that's that that 
way we can be clear and um if that's added to   it I would second to it can it be that we 
approve it um based on him going before   the um County Commissioners and then once they 
approve everything is good at that point that   that is contrary to the the development code 
um and quite honestly there really isn't any   any precedent for a hold harmless agreement going 
to the BCC from a boa decision okay so in the in   the past uh you know I mentioned about signage 
in the old code it it gave two options if if   a sign was going to be located within you know 
proximity to the right of way uh it was a hold   harmless agreement through the BCC or a variance 
through this board because this board holds that   power to grant that that spatial location okay 
yeah I would I agree with Drew if if we're going   to Grant this variance you can't you can't have 
your cake and eat it too it is what it is um if   something happens um you know if he walks out his 
front yard and he sees that you know there's Asal   up to his house because we had to widen the 
road I mean I would so be it in in essence I   would want him to not sue the county um you know 
because I that's what I see coming that's that's   our next step that's why I said I will sign hold 
on a minute okay we're we're having a discussion   here and that's my my con concern here is that 
we are making this an issue for later on that   the County's going to have to fight and we allowed 
it to happen um I am totally in with um right to   do whatever you want on your property I get that 
but we all have the same rules that we have to   abide by and those rules are set up not just 
for me but for my neighbor my across street   neighbor um for when I go visit a friend in their 
neighborhood it's it's there is a logical reason   for these rules and there are safety reasons 
for these rules um I think this is a terrible   issue um hate that it happened it could have been 
resolved fairly inexpensively in the beginning but   that's not where we are now we are where we 
are and we're a foot off of of a ride of way and while we do Grant some variances 
unfortunately there are just some   that put the county that put neighbors that put 
others safety at risk and I'm not willing to do that so I I think that you either Grant it as 
it is let the cards fall where they may or you don't Mr chairman as part of the the 
discussion I would like to input that   I Agreed 100% with Jennifer and uh I fear 
that uh in trying to help this gentleman   which I would love to do uh we're creating 
a problem for the county for the board of   adjustment and I think we're step steing into 
an area that is far above the job description   of those of us on the board of adjustment 
thank you sir I agree are there any other comments and I would I would recommend and 
if the councelor would explain again because   whatever Direction This goes you know if it goes 
to the next step up then they're going to need   clarification as to why a motion was presented 
and what what you saw as being um incorrect in the   staff's findings um and I think that's something 
that that will need for the record and may need   uh later um if it went to a court yes well for 
my part I'll I I agree that uh will drop any   my concern about a whole harmless that makes it a 
simpler uh issue to deal with are there any other comments are there no more 
comments All right we have a motion   to overturn the staff's findings of fact 
in sections two and five that has been   seconded also and by my calculation if I'm 
correct we are ready to vote thanks so are   we all in agreement that we are is the 
staff good with understanding why he's   why the motion is against two and five correct all 
right then ladies and gentlemen all those in favor   of overturning the staff's rec uh recommendation 
they didn't make a recommendation well their   findings two and five was well technically you 
are correct uh they did uh their findings to and   fight are we I I guess we I should have said 
all those in favor please raise your right hand oh my God we have two in the affirmative and   four in the uh uh negative that 
motion fails do I hear a second motion um I I'll repeat myself um 
I feel uncomfortable um on Two on   Two on Two situations um I would prefer to 
see the property before I would vote uh uh for I should say against the uh um C's um findings 
um and I would like and I think also that the   Public Works um Department need to be um contacted 
and um give them an opportunity to to comment once   those two things occur then I would be more 
comfortable um with voting for um for that the   existing motion if I understand the motion thenk 
is that you would like to continue this matter   uh until next month is that right that's correct 
uh is there a second to this motion before we dis discuss I do not hear a second that 
uh motion fails for the lack of a   second do I have another motion 
I have a a question of Staff Drew on this variance request we have to find correct 
me if I'm wrong that he meets all the criteria   correct that is correct okay to your point if 
you went out there or if you talk to Public   Works number two and number five would still be 
an issue there's no way that he could um overcome   those to no I I could overcome those two you 
could overcome those two no I'm not you him the applicant I'm not sure I don't understand 
you're asking on the criteria he has to   meet all the criteria and as of right now 
staff believes that he hasn't met two and   five right okay number two says that the 
special conditions and circumstances do   not result from the actions of the 
applicant he's already admitted that right okay so you see what I'm saying yes I do 
understand what you're saying okay   and number five talks about a minimum variance 
that will be possible to be able to use the land I'm not sure how to respond to that I guess he could have built a smaller house 
he could have put it in another position he could   have done multiple things um so so it's I don't 
know what do I know what the minimum variance no   I don't know what the minimum variance is but as 
we discussed it's not zero right it's certainly   that's true we we found that yeah it's it's a con 
right well I think we're at the point now where   where the next motion it would appear to me uh 
Marty's motion for continuance failed so we are at   it would seem uh for uh the next motion would be 
to approve the staff's uh findings and uh in this matter that would appear to be the 
ne to me the next motion and and   virtue of the fact that it failed that 
or do we need a motion to approve staff's findings I would double check with Kristen but 
typically if you made a motion and the motion the   greater of most was to not approve it it would 
automatically be denied right I don't think we   need to do anything else or in the case of a 
tie as well excuse me I'm sitting here staring   at a picture of a house already built and we just 
denied where are we right now well we that's what   I'm saying there's a house right here in we s well 
we have denied at this point uh as I understand   uh the uh request uh that the uh homeowner has 
made to us to uh overturn the uh staff's findings   and two and five that's where I understand it 
and at this point I'm sure the homeowner will   go back to the county and say okay 
what can we do if they come up with something the count per to clean record I've 
got nothing I mean we and we will don't have   anything at this point again it would be a 
pun it would be upon the applicant and to to   consider and and to consider the cost of 
either removing house ter it it would be   strictly on him and and and and that's yeah 
and he he have to he would have to work with   the bill and inspection department on that 
part not planning and and and and and Zoning   about if it can be done how it can be done 
which nothing nothing is undoable I I can say that I think I think we've done all I have 
one more may I make one more comment yes   please obviously the six of us um have different 
opinions of this situation the homeowner has one   more option and that is to appeal to the courts 
our decision yes and because I'm hearing physical   concerns and um economic concerns um and even 
legal issues um I think the homeowner needs to   take this to an appeal if he wants if he wants 
to take it further I think we need I think it   deserves legal um Court um review if if I may 
interject it would be helpful um if it is the   will of the board to clarify the record if there 
is perhaps a desire if if the intent was to deny   the motion by virtue of it failing through a 
motion to disregard staff's findings was there   there was not a motion to approve staff's findings 
that was a point that I was making it would be   a cleaner record yes I agree and and whether 
you are agreeing or not agreeing with staff's   findings but all of the criteria would have to 
be met in order to Grant it so if there was a   motion to deny then the findings could either 
mirror staffs or something else to address the criteria uh so if I understand then it would 
be in order for a motion to be made to support   staff's findings no if that is the will of the 
board um that could be a motion um but it's it's   it's a not a clean record is all I'm saying when 
the only decision that was made essentially was   that a motion died yeah well that was what I was 
trying to get to was a finality in the thing so   I I don't want I'm not telling the board what they 
that you have to make a motion or that you need to   do something but I'm just advising you that that 
makes for a cleaner record well that was my point   that was my question staff do I I'm sorry board 
members do I hear a motion to support the findings   of fact as presented by the staff I'll I'll make 
a motion um I'll make a motion to support staff's   findings of fact on two and five by virtue of the 
fact that in two the applicant admitted that he   was a result of the action taken number five um 
it it we don't know if it's the minimum variance   uh by review of the topography I believe that 
a lesser variance could have been established   had the house had a different um house plan or a 
different location on on the lot and I would also   add number six um because by virtue of being one 
foot off the r of way I believe it is injurious to   the area um and detrimental to the public welfare 
um being so close um to the ride of way we have a   motion do we have a second a second we have a 
second from Mr Smith all those in favor of the   motion uh to support the staff's findings as laid 
out by the Vice chairman please raise your right hand and we have two four the four to two and the 
motion uh Prov veils with two descents thank you   sir what does that mean I can't finish my house 
now well we can't tell you what to do or anything   like that you do have other remedies that are 
available to you see that picture up there all   I've got on my roof is felt and it's been that 
way for S weeks and I'm just before losing the   roof my trust and everything that I've done up to 
this point yes sir I we understand you people are   putting me on the streets I'm losing everything 
because I made a mistake I'm just asking let me   finish my house I will sign anything you want 
me to sign that I will not ever Sue anybody   for anything or hold anybody responsible other 
than myself unfortunately that's not the you   people are ruining me yes sir we appreciate 
your testimony we really do honestly thank   you for that but so I'm just s so well I can't I 
can't finish my house is that what you're telling   me no sir we're not telling you anything I 
can't get inspections I can't do anything   I can't get a roof on it to protect what I've 
done you suspended all my inspections how am I   supposed to protect what little bit I've done 
yes we understand and so what I just walk out   and sit and twiddle my thumbs until I hear from 
someone else I mean what what am I doing are are   have I got to tear the the thing down I can't 
even sell the property I can't do anything with it I don't know what to tell you um I would go 
back to the building department and and what I   I don't know you're either going to let me finish 
my house or you have ruined me it's that b that's   the bottom line all your little variances and 
grants and findings and this that and the other   yes I understand that but bottom line is I'm 
trying to build me a house so I have somewhere   to live and something to leave for my children yes 
I made a huge mistake people make mistakes I don't   know why you can't find it amongst yourselves 
to I told you I would sign whatever you need me   to sign that I'm not going to hold anybody 
responsible other than me for what happens there m Mr Holland let me let's see if 
we can go talk to the build Inspection   Department because I mean because he 
going on like it doesn't it does it   it does it doesn't it doesn't do anything 
so let's let's go see if we can I I don't   know what just going on well they 
just told me no I can't why am I yes I hope y'all are happy I hope every one 
of you are happy because you have just ruined   me my life and my family every one of you 
except for the two good ones over there   I hope you yeah I hope you all sleep really good tonight okay our next case is cu 20247 I gave you the list yeah let's okay this is the conditional use uh cu2 2407 
that's requesting conditional use to allow   the construction of a retail store greater than 
6,000 square ft um yet no large no greater than   15 Square fet in the rmu zoning District 
uh this is located at 6500 North Highway 29 Casey feler that's correct sir agent for Ron Scott and 
lri uh Scott Trustees for Ron G Scott revocable   revoc revocable living trust dated September the 
uh 10th uh 2013 is is the owner are you're Mr I'm   Mr felner chairman oh right yes sir I'm the I'm 
the attorney of record for the for the applicant   all right sir uh would you like to First you 
have you read the uh findings of fact from   the uh from the uh staff I have chairman and 
I have to apologize to everyone I am dealing   with getting over being sick um I had a really 
really I went out of the country and got food   poisoning so I apologize for the shakiness 
Drew knows me pretty well this is kind of out   of character for me so I apologize in advance 
um we have had the chance to review the staff   findings and we agree with the staff findings and 
so I'm here the engineer is here to answer any   questions but otherwise we would defer to staff 
to make the presentation uh first are there have   there been any exart Communications regarding this 
case seeing none has there been any knowledge or   information obtained from a site visit or other 
sources seeing none is there any board member   that intends to refrain from voting due to a 
voting conflict of interest seeing none all right   sir uh Andrew did you want to Alison Lindsay all 
right um do we have any speakers for this case I don't I don't believe we do uh no I Mr I would 
like to say that this uh staff did review this   and make all these um findings for this case 
and it did meet the all the findings of facts   um I thought maybe we could expedite it and or if 
you wanted me to go through all the the findings   but we did find that it did meet uh all the U 
requirements for the conditional use well we   would like to have some appr at okay for the 
record um I'll go through the map so this is   the map the location map showing it at the corner 
of Molina Road and Highway 29 this is the zoning   map showing the rural mix use and this is the 
future land use showing the rural community   future land use and this is the aerial map of 
the pro uh property this is the public hearing   sign that was posted on Molina roadside and this 
is looking across Molina Road from the property   this is looking East at um on Molina Road from the 
property this is looking onto the subject property   from Molino Road and this is looking West along 
Molino Road from the subject property and this is   the public hearing sign that was posted on Highway 
29 this is looking onto the subject property from   29 and this is looking across Highway 29 from 
the subject property and North also along 29 and   this is looking South along 29 from the subject 
property and that's the uh photos and U so so the   findings so the criteria compatibility General 
compatibility the um the proposed retail store   would be conducted and operated in a manner that's 
compatible with all the adjacent properties and   the rural mix use District does allow for public 
um facilities and services that are necessary um   in the area and the site does meet the locational 
criteria uh it's at the intersection of us29 and   Molina Road um and the location criteria is 
established with the rural mixed use zoning   District to promote compatibility along among uses 
especially New non-residential Uses in relation   to ex existing residential in the area facilities 
and services um it's Molino utilities for potable   water and they will use on-site sewage treatment 
and dispos U and Disposal Systems so all public   facilities and services will um meet the capacity 
requirements and it will go through a development   review process the on-site circulation for the 
Ingress and egress they will Ingress and egress   will be from Highway 29 um and it a it is a 
uh roads under a scami county jurisdiction   the developer will need to coordinate access to 
the parcel with the access management during the   site plan review process for the nuisances and 
Hazards there should be no nuisances or hazards   associated with the proposed use um in general 
the proposed use of retail sales typically does   not generate any nuisance hazards that would 
harm adjacent properties for Solid Waste um   based on the appliation documentation solid 
waste containers will be available and located   in the rear of the building and they will be 
screened from view of the street and it also   will be confirmed during the site plan review so 
screening and buffering the the submitted site   plan that was provided shows a 16t landscape 
buffer on the property line abing the adjacent properties the criteria G for signs and 
lighting the applicant um states that the   proposed lighting will support safety for vehicles 
and pedestrians and will be installed downward as   not to reflect on the adjacent properties the 
submitted site plan showed a propos pylon sign   and the sign the signage allowed in the rmu 
zoning uh District limits the number of signs   available and the size of of the signs which 
contribute to ensuring compatibility with the   Community all allowable signage calculations are 
also reviewed at development review so for the   site characteristics the size size shape location 
and topography of the site appears to be adequate   for the proposed use uh the site requirements 
such as setbacks Heights and Landscapes um   will be met and all site characteristics will 
also be confirmed during the site plan review   process criteria I use require requirements 
there is no additional condition conditional   use requirements and this the uh the applicant 
has submitted documentation that addressed all   conditional use criteria and staff recommends 
approval of the conditional use as requested   pending approval and receipt of a development 
order through the development review site plan   process and that concludes staff's findings um 
and the only thing I'll add on top of that is   this is a replacement um Pharmacy for r Scott 
the original Pharmacy is just right across the   street and based upon our calculations 
we're asking for a little over 11,000 um   a very similar conditional use was granted just 
down the road for a general uh dollar I believe   um not too long ago so we tried to mirror 
that type of um application throughout this process do we have any questions from 
the board uh was there a a site plan   there is there's engine in drawings as part of the packet there we are yep perfect okay so you enter um off of Molino 
road is that correct I believe so yes and 29 yeah that's all I have okay another one yeah uh I 
have one question there will be just one sign   is that correct that's correct and we we will me 
the signage requirements i' I've worked with the   county on that before so we there will only 
be one okay because we've had this question   come up before and with other uh uh kinds of 
businesses and uh we always want to be Ure to   ensure there is just one sign for this rural 
area and and I in fact was just working with   horse on something like this where there could 
be the potentiality of you know multiple signs   one that's not the case here and number two 
it would be addressed I believe underneath   the accessory structures where it's not right 
next to the arterial roadway but right now only   one sign I'm making this more complicated than 
it needs to be so all right do we have any more questions will any questions Marty any 
questions Mr Smith no question sir Vice chairman any more questions all right uh I guess we've reached the 
point where uh we need uh to decide how to proceed   with this matter do I hear a motion I make a 
motion to approve um to approve according to   staff's findings do I hear a second second 
we have a second uh we have a motion and   a second to approve the staff's findings 
all those in favor please raise your right hand unanimously the motion passes thank you   all very much for your time 
and thank you staff yes sir y our next case is cu 20248 11236 CRA drive to allow an 
accessory structure in the front yard of   a waterfront lot Lindsay Owens agent for 
Sharon Cook owner we do have a couple of   good morning to everyone uh all right sir 
uh could you please uh face our Clerk of   the board raise your right hand and be sworn 
in do you Solly swear and affirm that the test   testimony you're about to give will be the 
truth the whole truth and nothing but the   truth so be God I did thank you please state 
your name and address please James Lindsay Owens oh 4601 Clara Street Pinola Florida 32526 
and uh Mr Owens have you read the staff's findings   of fact I have and are you in agreement with 
those findings every one of them all right sir   let me ask some questions of the board and then we 
will turn to you and uh if you'd like to make an   opening statement okay uh staff uh I'm sorry 
board members uh we now turn to the question   have there been any exp party Communications on 
this matter seeing none knowledge or information   obtained from a site visit or other sources seeing 
none is there any board member that intends to   refrain from voting due to a voting conflict of 
interest seeing none all right sir if you would   like to make an opening statement we'd be happy 
to hear from you well the purpose of this is to   put a storage building basically in her front 
yard because there is no backyard because she's   on the water and it's it's it's just there's no 
place to put it and uh there's we should have   some drawings I guess of what where we intend to 
put it and everything it seems to meet all the criteria um staff could we have your findings okay hi my name is Christina Smith urban 
planner and this is for conditional use case 20 24-8 this is they requesting to to locate 
a detached accessory structure in the front   yard on a waterfront lot and so up here is the 
locational map of the property this would be   the zoning radius of 500 ft this would be the 
future L use map and here shows the airport overlays this is the aerial map of the 
property this is a where the sign was   posted on the property and this is looking 
West along Seaside sea Glade Drive this   is looking East along sea Glade Drive 
this is looking on the subject property this is looking onto the subject 
property and then this is looking   across the street from the property 
that concludes the photography for this case Okay so we're going to start going 
over the findings for Criterion a general compatibility the partiel is a deep 346 ft plus 
or minus property fronting Big Lagoon the proposed   calls for an accessory structure to be built 
with a minimum 60t from the rideway and would   be compatible with similar properties in the 
area regarding comp criteria B facilities and   services facilities and services for the 
accessory building are existing criteria   C on-site circulation no new driveways 
are proposed the application applicant   will use the existing driveway criteria 
d new syens and Hazards the proposed   used should not generate unreasonable noise 
glare dust smoke odor vibration interference   or any other nuisances or hazards for joining 
properties and other properties in the immediate   area criteria e Solid Waste solid weights 
disposal isn't proposed for this accessory building and criteria f with buffering screening 
and buffering between like uses in this case is   a single family homes is not required by the LDC 
criteria G sign and lightings no lighting lighting   and signages are proposed criteria H the parcel 
is spacious sporadically adequate to allow for   the home an attached detached garage criteria 
I use requirements a specified use requirement   for this case is that the garage needs to 
be set back at Le 60 ft from the rideway   and the proposal meets this requirement and the 
staff recommends approval for this conditional use board do you have any questions uh for Mr 
Owens and then we will move to the staff for any questions you want hear any questions you you 
stated there's no backyard right no sir well   there is but you can see there's no place 
you can put anything yes sir it's just so   very there's a seat I mean basically a wall 
there so and do the other neighbors do they   have um storages in the front of their yard some 
of them I hav't I haven't looked at every one of   them but there are some yes that do have them 
in there so okay and the one neighbor actually   owns the same property the one to the left 
of the picture there she actually owns that   property too so all right thank you so surely 
she won't go play any more questions for Mr Owens uh I have one Mr uh this structure will it 
have uh uh running water electricity any kind of uh facility for bedding or or uh anything 
like that it's strictly a storage structure   okay and uh so there won't be any habitation 
in it at all no sir how big is the structure um let me look I think it's 16 by 30 I believe 
I'm not mistaken uh let me find my notes Here I didn't bring the plans with 
me no it's 16 by 40 excuse me there was one that yeah yes yes Mane that's 
I have it here that's this one so and it is 60   ft from the front proper it is 60 feet from the 
front property line to the edge of the accessory   structure it's actually more than that it's 
actually more than that yes it's like 80 ft to   it okay and then how close is it to the house from 
the structure that's 20 feet 20 ft yeah okay 15 to   20 I I don't I didn't get that measurement 
I apologize it's going with the existing   there's an existing one there correct that will 
be REM garage that's the garage to the house   that drives in it's just located but there used 
to be one there in front of it right there was   smallie is this is this essentially going to 
be a garage with like garage doors and stuff   or is it just a building it's going to be yes 
there's going to be a garage door roll up type   not a roll up it's an O te door okay and and a 
Personnel door to it's just for Self Storage okay and the facade of the building will it 
mirror the house or is this a prefab   building it's a prefab building prefab 
building it's a Hardy Board type siding   on it the house is Brick it's been there 
for 40 plus years you tough to match that one are there any more more questions for the applicant any thank you Mr Owens 
we appreciate your testimony uh we   do have uh several uh speakers also 
in connection with this okay uh and   uh so we will hear from them now okay 
thank you thank you sir uh our first uh   one is Ted buir boier and I'm sorry if I 
said it wrong please forgive me and correct me my name is Ted Beamer 1123 11228 seaglade 
Drive I live next door to the house that they   viewed across the street my mailbox is on 
the same mailbox post as my sister who is   requesting this this is very difficult for me 
yes sir could you please face our clerk pleas   your right in 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 help you God in the name of God I do thank you   you may go ahead all right sir could you give us 
your testimony yes sir number one that prop that   building is already there it was put there before 
approval it is not 60 feet from the county county   right away I've checked it it would have to be 
moved back the subdivision has been there for   40 or 50 years I'm not sure I've owned there for 
about 40 about 40 years since I bought there it's   an R1 old residential subdivision their school 
buses that come through and so on the building   that's being put in is being put in I actually 
wanted to be last because I wasn't going to speak   if I didn't need to because of my relationship the 
building is not being put in for residential use   I can guarantee that you can check the records for 
the County trash pickup there for the past five or   10 years that site has been used that residential 
property has been used as a commercial dump site   for Decor Design Center the company that she owns 
real estate I mean a Furniture Company on the key   garbages dump there because it's cheaper to have 
the truck pick up there than to pick it up from   her dumpster on her property which she has on 
the key she had a runin with uh chandelle I   believe it is with their homeowners association 
because she had a rental house there that was   full of furniture and they finally put their foot 
down and said get the furniture out of the house   she was using it for storage half of the Beamer 
reality office which I am at the moment a parcel   of we just lost My Father Here in October the 
back half of that is a storage building for her   furniture the building that's on that property 
now on the seaglades property that that building   they put there is from the front of her office 
on SE on prido key because she put in several   storage buildings and they now block the front 
of the pretty building I know without a doubt   it's my word is all I can give and I have sworn 
and I would put my hand on a Bible to it that   that property will not be used that building will 
not be used as a 40ft long storage building for a   vacant house she hadn't own that much stuff to put 
in it it will be used for commercial use all the   neighbors know the association knows they've seen 
the the decor truck out there literally throwing   furniture with glass onto the side of the way if 
anybody wants to make a sight inspection and go   out and look at the county rideway in front of 
those Hedges they'll see broken glass and stuff   from where she's been throwing this garbage 
this is why I know that it is not just a storage   building the one she had might have been 12T that 
was there dilapidated for ages it was hauled out   a 40ft structure sitting in front of that talking 
about putting a garage door on it that's not there   now that garage door on a building that's you 
know 4 feet off the ground 3 feet off the ground   whatever it is is a loading dock that's what it 
would be used for I'm AB absolutely against this   building going in because I bought there as a 
family subdivision when I was in my 20s when I   was 25 I'm 67 next couple months from now and 
I bought this as a family place and that's how   I expect it to stay school buses come by there I 
really don't want to see Furniture trucks bringing   in stuff they already do uh to a great degree they 
do and I don't want to see garbage dumped on the   side of the road anymore I thank you very much 
for listening to what I have to say if anybody   has any questions for me I'd be glad to answer 
thank you so much for your time and for the staff   as well I appreciate it thank you sir are there 
any questions for where did you where did you   say you lived I live I live on I've got the same 
mailbox post I was there before she was I live at   11228 if you look at the picture that shows the 
house across the street oh okay I'm immediately   to the right of that my my mailbox is on the 
same post as sharing cook who was once Sharon   Beamer okay I just wanted to to know another 
word just real quick um several people were   coming that people just can't take off work to 
come here my next door neighbor's a contractor   his brother's has property in the neighborhood a 
contractor our association president has requested   he sent an email to one of the people speaking 
hoping that it can be read that this man can   be his spokesman representative or whatever ter 
term was used to let somebody else speak on his   behalf uh for the sake of the association's view 
on this as well so I'd appreciate if his words   are allowed to be heard uh by by the speaker that 
has that in hand thank you sir we appreciate your   testimony thank you very much you don't know how 
difficult this is is for me it's my sister yes sir   I got a question of Staff real quick staff 
yeah who's got you're you're fine sir okay   um has there been any code uh violations on this 
property that we're aware of I'm not aware of   any I can check um some of the issues that were 
brought up are fall under that realm as opposed   to right ours I just didn't know if any okay that 
would be great U if I if I can make one last thing   if they want to check for code right now they 
can go and check by the number of chickens she's   got in the front in the front yard in a cage in 
the front yard it's in violation because you're   allowed six in the county so just because 
there are no violations doesn't mean she's   not been violating we we just thought i' point 
it out thank you we appreciate your testimony uh I would like to hear from I think we have 
an engineer representative here also uh for   that was for the previous case oh it is 
yes oh okay well I'm old so please work   with me all right our our next speaker 
is Fred Krauss I hope I did that one right Mr Krauss thank you for coming could 
you please face our Clerk of the board and   raise your right hand and swear or affirm yes 
sir 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 so you God I do thank you please state your 
name and address Fred Krauss 11425 seaglade drive   thank you sir what what do you I'm going to go 
right into it thoughts on this what Ted said   is directly on Target and I'm going to back up 
everything that he said uh the petitioner in   this case Miss Cook runs a Furniture business at 
on the key she uses this property as her Dumping   Ground I walk by it every day for the past 16 
years and for the past 10 years ECUA comes out   every week and picks up old couches old mattresses 
all kind of odds and ends from the furniture store   I was fixing to call in a code enforcement 
violation about a month ago when this structure   got put in because I knew it was wrong because no 
one else in this neighborhood has anything like   this in their front yards not one house 
there's like 60 houses in there not one   of them does has a big huge open sign on the 
front of it 3x5 like it's a business okay um it's a super high wind area it's not tied down 
it's like a mini mobile home if you went out   there and saw it it's too bad staff couldn't 
have latest the latest pictures on it but it's   a mini mobile home in the front yard it's 12T 
wide 40t long and it's about 35 to 40t from   the property line it's not 60 like they propos 
they're going to do they've already done it so   um excuse me is is there an existing structure is 
that what you're saying there's a there's a home   there she doesn't live there she lives next door 
she moved out of this house a year or two ago so   she uses the house as a storage facility also the 
home is vacant is that your testimony that is and   is there an existing structure uh already built 
that's the subject of this proceeding yes sir yeah   put there yeah got put there six or seven weeks 
ago uh Andrew is that could be four weeks I'm   just guessing is this an after Thea permit yes we 
don't have a permit on that and I did check code   enforcement um the only thing that I'm finding is 
Code Enforcement was contacted about an abandoned   boat in 2011 nothing recent okay so and the the 
home itself is vacant is that yes sir it is I   I don't know I have pictures on my phone if you 
would like me to walk in front of you and show you   the structure you'll be amazed Andrew this type of 
structure it has to be permitted that is correct   um as an accessory structure okay um it can't 
be it's it's not allowed as a accessory dwell   in it's simply a structure but it still has to 
have some type of permit it would yes and it goes   through the require building building department 
building permit correct okay has anything been   submitted to the building department yet I'm not 
aware of that uh Mr Krauss could you just stand   by a minute is Mr Owens still with us I got 
Mr Owens can you come up just help us here a minute uh is there an existing structure 
I was I have no knowledge that she moved   the structure from fromont of decor furniture 
there I haven't been out there in six or eight   weeks she hired me she hired me to start this 
proceeding so there was it it was the structor   in front of decor for sure I did not know that 
she had moved it out there at this point step   up to the mic and if she did it's be where 
supposed to be so I absolutely don't know so   do you know if the the home itself is occupied 
the home is not occupied she does own it and   she is actually doing some work to remodel 
inside and and get it prepared for say I was   fully prepared when youall approve this to get a 
permit to move the building there but apparently   she has already moved it there uh do you know if 
it's being used as as a warehouse that's sort of   the the house itself yes sir no sir it's not 
that I'm aware of I've have been in the house   look for some things in there for her um but I 
mean it is it's you know got a bunch of trash I   say trash furniture and stuff inside the house 
but she's not it's not occupied but she does   live next door so you're not aware whether or not 
there is a structure there that's the subject of   this proceed saying it's not there but I wasn't 
aware of it I haven't been out there looking at   it in six or eight weeks so all right sir thank 
thank you thank you for your help thank you sir   I'm sorry Mr Krauss if you want to would like to 
continue y'all want to see some pictures you'll be amazed yeah they have to be admitted I can 
email him I can text them how would we handle   that if he wanted to offer photographs it's 
at the will of the board but it would require   a motion yes sir I this I was just um on a phone 
I didn't know of course you I'm sure you're all   aware that you know there would be authentication 
concerns evidentiary issues but it's it's at your   discretion so if you wish to receive that and take 
it into consideration just bear in mind that there   are certainly authentication concerns all right 
um board members I of course we've not seen any   photographs uh other than what's been presented 
in the file is there an interest in the board by   the board to have Mr chairman I move that we take 
a look at the photo ordinarily wouldn't but this   seems to be a real contingent item here uh we 
would also for due process reasons need to be   certain if there's a way to show it on the screen 
and allow the applicant the opportunity to review   it and and also ask questions uh I was going 
to recommend thata yeah the applicant that's   standing right here has no knowledge whatsoever 
well sir just hold just a second if my thought   was if uh Mr Krauss could email it to our board uh 
Clerk and then she could uh put them up for us all   to see I presume is that correct yes uh they can 
be emailed to me and I can save them to the case   File and they can be presented up to the board 
but before we get into actually doing that we   have to establish uh the facts of the photographs 
themselves uh Mr Krauss who took those photographs   I did when did you take them last week or I 
presume their time stamped or well it's on my   iPhone I don't know oh okay uh I would imagine 
they are but I don't even know if y'all need to   see these to vote on it but here they are anyway 
uh just so you can see that this this man's not   telling the truth and this thing don't belong 
here no other house in the neighborhood has   this well what we're interested in is getting 
the as much information as we can can to make   a fair decision for all for the applicant and 
also for other affected persons yes sir and if   you if if I've understood your representation 
of what those photographs contain they show uh   items or depictions that are material or could 
be material in our decision making yes sir if if   that's true I mean mean uh we would uh perhaps 
be uh if I can email boards will uh we would   admit them into evidence yeah I can I can email it 
right now um I also wanted short of that any fact   witness can certainly testify regarding matters 
things that they that a person's observed um not   testifying um offering any opinions but strictly 
test regarding things that they have seen that is   certainly competent substantial evidence to the 
extent that you know you wish to consider that so   or to describe what he's viewed yes board members 
what is the appetite of the board would you like   to uh have these photographs email to our clerk uh 
for consideration to be admitted into evidence it   it it might help if you would describe what the 
photographs are a picture of this structure two   pictures the structure that is the subject of 
this proceeding yes sir I think that would be   relevant if that's true what is the uh what is 
the feeling of the board Willie what is your I   agree um if if those that picture is a picture of 
the structure that we um we are concerned about um   if it's the one that that's the 16 by 40 um if 
that's it I feel like it's really important for   us to see it if if that's what it is yes sir 
that's what it is well if I can speak for the   board then it's would you uh like for Mr Krauss to 
email those to our clerk now can you make a motion   I'll make a motion all right do I hear a second a 
second we have a motion in a second all in favor   please raise your right hand it's unanimous 
ma'am uh Miss Rachel will help you do that thank you and while we waiting on that um uh Mr chairman 
um I have a question um also um concerning HOA do   you guys have to get um buildings and stuff 
approved by the H HOA um also and do the HOA   um allow uh commercial uh businesses um in the 
subdivision uh it where ldr so no you can't put   a second structure on the property without 
permission without permitting and if if you   if you're familiar with ldr yes yes you can't 
do that okay thank you yeah I have a statement   from the president of the homeowners he wanted me 
to read it I'm not sure if I can even do that but   if I can I'll be glad to do that I I would kind 
of caution the board on that yes sir generally we   don't permit it's essentially a per a petition you 
can't cross examination examine a petition yes sir   I just had to throw it out there he texted me on 
the way here this morning because he couldn't make   it and I said I'll I'll ask so but we appreciate 
the thought yes sir Rachel are you having any luck   yes I'm just downloading okay you said that your 
HOA don't allow that um have they fin got any find   do they find people when they don't obey the rules 
or no no we're just this subdivision has been here   since Gul Beach Highway got rerouted through that 
area and it's just just a bunch of old houses old   timey folks okay it's it's like Mayberry like 
Andy Griffith May here it's real late back okay so but I can tell you there's no other structures 
like that Mr uh cruss yes sir Miss Rachel has your   photographs why don't you tell us what no opinions 
but tell us what they depict uh the picture to   the right where it says open is a view through 
my passenger window of the structure where the   bushes are is basically the property line and then 
that structure with the big open sign is about   I'm going to say 40 ft I'm in the construction 
business so I'm going to I'm saying it's about   40t maybe 30 5 and then the second picture to 
the left is when I pulled into the driveway   and I was sitting on the edge of the right away 
and that's a picture of all the junk on my Dash   shot through the window of the structure is the 
gray building with a white door the structure in   that is the subject of this proceeding yes sir 
it has a gray roof with a light green finish   and uh windows and doors looks like a mini 
mobile home basically and the house that   we're seeing in the left picture that's the 
house on the lot in the same lot or is that   the house next door that's the house to the west 
and behind oh okay there's a chicken coop there to   the left that little Cy thing yes do uh to your 
knowledge did it uh or did you see any sort of   electrical connection or anything like that uh 
it was blocked where it was set down on blocks   but it wasn't tied down with any kind of tie down 
structures it's it's ready for electrical it does   have you see in this picture to the left um it 
has wiring inside of it for lights and outside   but that's as far as I went didn't go any further 
that's why I was going to do code enforcement let   them plunder around and once I saw the sign go 
up I just stopped calling code enforcement and   so it's your testimony that commercial activities 
are being carried out from the the home is that right I haven't seen anything go in 
and out of the home but I've seen   all the debris come from the furniture 
store and put on on the RightWay to be   picked up by ECUA for the past 10 years 
like hundreds of mattresses hundreds of   couches cardboard boxes um end tables you 
you name it it's been on the RightWay and   picked up by EA for een years all right 
so do we have any more questions for Mr kuss oh I did a good job the the applicant um 
it's not a question for him but um it can we U   make just for the record is that the actual site 
that we're looking at um I mean is that that's not   a fabricated picture that is the site yes sir that 
is but I have no knowledge of that building there Mr Cross we appreciate your testimony and uh 
thank you so much and we appreciate you U uh   presenting those photographs that I'm to add 
to our knowledge yes sir thank you all right   and our last uh speaker is uh Terry AER 
gr can I ask a question first yes oh I I didn't 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 so you 
God yes thank you state your name and address   please Harry ARD at 1433 caco in seaglades 
neighborhood yes ma'am and what do you know   of this well I walk this street and ride my bike 
all the time so I see it and it's a nice little   neighborhood nice and clean and the one thing I 
would hate to see that structure is there I saw   it when the tow truck was there um putting it back 
and um I would hate to see president set to where   everybody loads up with these structures we have 
enough of that on go Beach highway so is it your   testimony that you uh have seen the gray uh uh 
building with the white door that we have just   seen photographs of yes at that site yes just 
the other day okay yes ma'am is there anything   else you'd like to for us to know no how how 
long do you think that building's been there um   it's been several weeks okay few weeks and did 
you have you also seen the trash on the I have   you have there was a couch and other stuff out 
there the other day okay all right thank you mam   okay no more any other questions for the thank 
you mat okay I have a question of Drew if in   fact this is the case and that building 
was plac there is it our responsibility to notify um code enforcement or or the building 
department as to something that has is in violation it so code enforcement is complaint 
driven they're the ones who will research and   determine if there is a violation um I don't have 
any kind of permit history for the structure on   site or in its previous location which is quite 
visible on street view um it would be up to this   board if if the board as a whole wanted to make 
a code enforcement complaint or the neighbors   um that would be the Avenue someone would need 
to um make that request of Code Enforcement to   investigate um it it appears there's a myriad of 
issues here besides this one structure that uh has   been moved to the site well I don't see how we can 
approve an application for an unpermitted building so the request that's before you is to allow 
a an accessory structure in the front yard of   a waterfront lot that that's the request before 
you um the other issues regarding the status of   the the building where it is where came from and 
any of these other issues concerning accusations   of commercial activity that would be all 
matters for code enforcement what strictly   in front of you is the land use issue of an 
accessory structure in the front yard of a waterfront I feel like they don't need the land 
use they already took it upon themselves to do   it anyhow right I meit can admit I think it's 
fair fair to say if we could make a motion to   withdraw the application I mean the board yes 
sir I uh I don't see how we can consider uh   granting this application uh to allow an accessory 
structure that apparently is illegally placed I   mean that that sort of flies in the face of 
reason you know uh it just that's just my   feelings board are are there other comments about 
this one Mr chairman yes Marty I understand where   you're coming from and I agree with you I 
think that the solution would be lack of a motion lack of a motion um would would be like a 
tie they're here seeking an affirmative resolution   um and your your staff has recommended approval of 
the conditional use and you would need to address   the criteria I think that I think we're dealing 
with two different issues here we're dealing with   one issue yes there's some violations there and 
I believe that those need to be taken care of and   regardless of what happen happens with those 
violations um that's and if I mean if that's   something that we as a board can can say Hey you 
know we think there's some code issues we'd like   you to check it out or however that goes down 
that way I think that really is a separate and   a part of uh this this person wants to put a 
shed in their front yard um whether or not it's   this shed or whether or not it was placed with 
permitting or whether or not it was placed in   the right place or what have you is something for 
the building department to deal with is something   for code enforcement to find is something for um 
the other departments to to handle I think um I   think there's two different issues um and I think 
unfortunately and that's why I asked the question   is we didn't know any of this hap was happening 
until someone brought it to light a violation if   you will not only a violation of of a building 
permit violation I guess but other violations   you know is it our responsibility to notify the 
right Department that there is a violation um   and then go to the second part of would we allow 
this building this accessory allow un accessory   structure on a parcel of land that is a waterfront 
parel and Miss B if I if in app you correct what   everybody was saying but this the thing is 
this if it is if the boa does Grant landus approval my staff will review it for for the 
site to make sure it complies with the land   vment code regulations prior to it receiving 
B permit if it does not meet my side of the   house with the granting with setbacks and 
things we're supposed to be we won't Grant   L approval so therefore B cannot issue 
them a permit and if B don't is per then   that that automatically going to trigger 
a separate review because that bill just   can't stay there then the neighbors can call 
code enforcement because and if they do come   in if they do come in and comply we will put 
that this is for residential uses only known   commercial uses if they violate that then 
if a complaint code enforce will getting   involved then so so so the protocols are in 
place to for the neighborhood to add address   their concerns as far if there's a violation 
but prior to it receiving a luse approval if   conditions approval we will put all those got 
to be residential all those things and if they   violate that it's strictly on them and and you 
are is it's like you it's St the B to see if they   want to Grant a accessory structure conditional 
use in the front yard on the Water Front lot let's go back to the findings please um let's start at a let's see I'll tell you what can I pass the 
gavel to the vice chairman I want to okay I'm going to uh move that we overturn 
the staff's findings of fact beginning with   uh a there is now been conflicting evidence as to 
whether or not uh it is a minimum of 60 ft from   the right away and it's certainly questionable 
whether in my mind it's compatible with similar   properties in the area if if the uh testimony 
that we've heard that there is a business being   conducted out of it uh and uh let's go 
on down a little bit please ma'am to d uh I believe that uh there that from the 
testimony we've heard from more than one   uh person is is that uh this is being used as a 
dump so surely there is a nuisance and a hazard there and let's go to E I believe it is the 
there's [Music] uh there's question   about whether or not uh that is correct 
because apparently the uh solid waste   disposal is now taking place on that lot uh 
uh and that has been the uh uh testimony and   uh that surely is uh would seem to create 
a nuisance condition and let's go on down and now the question has arisen an ie 
whether or not uh the requirements of   the applic uh zoning District it would 
seem to me and use uh is in in fact uh correct I believe those are the things that the 
staff obviously did not know because you can't   know what nobody tells you m chair I second motion 
uh and therefore I believe that uh we should   overturn the findings of facts based upon the 
evidence that has been presented uh both testimony   and actual physical evidence photographs and 
such um does anybody have any discussion I have   a question I would like to ask Drew on something 
because he he's expert on these things when it   come to timetable let's say since there are some 
allegations allegedly about code enforcement   activities let's say that code enforcement go 
out there and and the applicate basically clear   up everything and except only thing that they need 
is go through a proper permitting process if this   board deny the conditional use approval can can 
the applicant come back to this board again if   all of the allegations have been cleared if there 
are if they are correct can they come back again   and request the sitting of an accessory structure 
on a waterfront lot again or will this completely   disallow that or or is there a timetable 180 
days um if it is a denial by the board there's   a 180 day prohibition on them reapplying or the 
applicant can withdraw correct his application   application correct and come another day that 
is correct and as and as you pointed out there   are two issues here right okay the conditional 
use simply the structure uh and then there are   the matters for code enforcement and at the 
boards will if you all want to be the ones   to initiate the complaint process I would need 
you to direct me to do so can I direct you to   do so right now sir absolutely okay thank you 
if you would please I will what is that now I'm   sorry I I had a senior moment that was that was 
a request for um code enforcement to get involved   oh yes exactly Mr Owens I it will go in under 
my name but because I'm Mr Owens can you come up do you understand what's what's going on yes 
ma'am as far as the board goes U I absolutely   do and may I speak first yes okay yeah Sheron uh 
cook GG as I call her had asked me to apply for   this for her back in March and said first of all 
can I even do this and I came in here and talked   with Drew and the other people here and they said 
yes it can be done and I made application I sent   her the paperwork to sign out to sign to fill out 
because I didn't have all that information right   so as far as whatever's out there now I don't have 
anything to do with it I didn't put it there I'm   not operating a business out of there I'm strictly 
here to get this through there now at some point I   am a State Certified general contractor if she was 
if if and I know we have to per that sort of stuff   or it would never have been there right M ens I'm 
sorry do you have the GLE do you want I'm sorry   no no noow I don't want to I can't I'm old please 
um a motion has been made okay um to deny this MH   and according to what Drew said you have 180 days 
after 180 days you can come back and reapply for   this if it if the board votes to den if the board 
votes um or you can withdraw because apparently   there there are some issues um that maybe need to 
be cleared up um and then come back next month um   that to withdraw you you would like to let's just 
withdraw it and until I can speak with M cook and   find out what's actually going on I think that'd 
be the best thing to do okay and that and that   is totally up to you I but I think that's what we 
should do I'm in agreement with that and and and   Miss Jennifer and I and I don't want to set a time 
a definite time for to be back next month because   we never know what code enforcement time schedu 
their schedule and right I was just saying that   if he withdrew he could come sooner than 180 
days yes ma' if if it went wrong okay so and   I also apologized for the inconvenience this but 
by the same token I think it's going to help the   whole neighborhood because there are obviously 
some problems there okay um then the board we   don't have to make a motion or anything do we do 
I need to sign something withdrawing or I think   was made to deny oh yeah so we got to we we do 
uh you have to I I'll I withdrew my I withdraw   my motion okay okay next case yes okay next 
case and I'm I'm passing the gabble back okay   I so can so so at this point if you do decide to 
reapply you'll just get back with us and we would   restart all the neighbors would be re notified 
new signs and all that yes eye open for understand make all time all right thank you 
Mr Owens all right our last case is   cu 2024 d09 4825 Mobile Highway to allow a 
restaurant not among the permitted uses Fred   gouard agent for Gul state storage 
of Mobile Highway LLC is the owner and is Mr oh there you are sir are you sir welcome 
thank you uh could you please face the clerk and   raise your right hand do you solemnly swear and 
affirm that the testimony are about to give will   be the truth the whole truth and nothing but the 
truth so be God I do thank you please state your   name and address Fred Shard 4825 Mobile Highway 
uh uh first I need to ask the board uh have   there been expart Communications concerning this 
matter seeing none uh has there uh been any site   visits or other information concerning this matter 
seeing none and is there any member that will uh   uh uh not be voting due to a conflict of 
interest seeing none all right sir have   you read the staff's findings of fact I 
have are you in agreement with them yes   sir all right would you like to make uh 
some initial comments or would you like   for the staff to uh make their presentation 
the staff can proceed all right thank you sir good morning board um my my name is 
Caleb mccardy I'm a aicp certified planner   for scambia County our first um presentation 
here is a location map you can sit down sir   sir if you like you can sit down um this is 
our 500t zoning radius map it's commercial zoned this is our future land use map the 
future land use is also Comm commercial um we provided a easement map for clarification 
on any questions along with aerial and the general   a aerial of the location this is our public 
hearing sign it was posted on Mobile Highway   this is looking North along Mobile Highway 
looking onto the property from Mobile Highway   looking South believe it's a 
Tom Thumb are now Cumberland Farms it just bombed all right this is 
looking east across Mobile Highway also looking East give 
another perspective um this site   has two frontages so we placed another sign 
along ton Wanda Drive provided some photos   there looking West Long tananda looking onto 
the site from tananda and looking East along Tanda and South directly across tananda it 
completes our photos I will provide um some   information related to staff's findings um in 
total we found that it did meet all criteria   but I'll provide a brief summary related to 
those criteria so the applicant is Seeking   a conditional use approval to allow for 
restaurants not among the permanent uses   of the commercial zoning District concerning 
Criterion a general compatibility we found   that the proposed conditional use as a food 
truck Court could be conducted and operated   in a manner that is compatible with adjacent 
properties the s's along Mobile Highway which   is a principal arterial roadway and Tona a minor 
collector Road commercial uses are found along   Mobile Highway and ab but the subject property 
that are compatible with the proposed use there   are residential uses in the subdivision to 
the west and south of the subject property   Criterion B facilities and services we found that 
they facilities and services will be available   through connection to ECUA a permanent restroom 
facility is referenced on the site plan proposed   and of public facilities and services for the 
proposed use and the cap capacity of requirements   will be reviewed during the site plan review 
process as well Criterion C on-site circulation   based on the submitted site plan Ingress and 
egress will be provided with a connection to   Tunnel W and no new connection was shown to Mobile 
Highway according to aami county maps there is an   existing access evenement on the property that 
accesses Mobile Highway from the property hence   why we provided that mount um we're suggesting 
therefore that the U utilization of this easement   would be recommended to decrease the potential 
impact on the residential subdivision along Tona   furthermore any proposed impact to the existing 
access easement or placement of structures parking   within the ement will need to be verified with 
the ement owner and with guidance from County   transportation and traffic Personnel preliminarily 
vehicle and pedestrian safety on-site circulation   traffic flow and emergency vehicle access 
appear to be adequate for the proposed use   we do note that evaluation is needed by County 
transportation Personnel to ensure maneuvering   of drugs is satisfactory as well as on-site 
circulation and that will be done at the site plan   review process Criterion D nuisance and Hazards 
outdoor seating areas are shown on the proposed   site plan provisions of the Land Development 
code do does not allow for making of any noise   or sound that exceeds the limits in LDC or County 
norise ordinance in addition air pollutant glare   vibration other nuis hazards are addressed by the 
LDC and must be met Criterion e Waste Pro proposed   location of the dumpster enclosure appears to 
be visible from the public RightWay um and we   note that it will likely be need to be moved to 
more suitable location um Solid Waste Services   must be provided as needed for the proposed use 
and we'll do that again at the site plan review   process Criterion F the subject property does not 
abut residential uses and there's no therefore no   screening buffer requirement by the LDC at this 
time cerian G signs and lighting the project will   utilize low voltage lighting according to the 
application and signage along Mobile Highway in   ton Wanda is proposed exterior lighting should be 
deflected from a joining properties in the public   streets signs and lighting will be evaluated 
again at site plan review criterian H site   characteristics we found that the location 
appears to be adequate for the proposed use   Criterion I use requirements um there's 
some specifics related to mobile vending   units that are outlined there won't go into 
the details unless questions are asked there   but essentially uh mobile vending units require 
temporary permits U from mambia County at the time   that once brought onto the site but we wanted 
to reference those use particular use code for   you there so in summary uh we did find that the 
proposed use um we do recommend approval with the   following conditions uh must complete the DRC 
process and the receipt of a development order   from the county and the permits obtained for 
the individual mobile vending units will need   to be um obtained from the county that concludes 
our maps and presentations and findings for this do we have any questions for the staff can you explain this this access easement 
where did it come from who who gave it what I I   just I just it totally blew my mind and I 
couldn't sure figure it out yeah the the   um the applicant may be able to speak to that 
um from a staff perspective there's easements   on a lot of property um and you know whe 
whether it be vacated or whether it be   utilized on the site um again that will be in 
conversations with traffic Personnel that'd be   vetted at DRC um you know concerning any type 
of impact and sir you may be able to speak to   that easement if there's anything associated 
with it far as I know that the property was   all together um it was sold that parcel was 
sold to backck furniture and backck built   on it and Mr liberus bought the easement 
with the property back 10 12 years ago so   the owner of the subject property owns an access 
easement that is shaded in yellow um on on here yes so he owns WRA my head around here he owns an   access easement that traverses 
whatever property is next door what's the function of it right I I'm I'm not 
quite sure um just from our review and a little   bit of History here um we have seen site plans for 
the backcock from years ago there some proposals   this property had been split up a couple times 
so there's a survey that was provided at the site   plan the easements are shown there's descriptions 
of the easement again really at site plan review   is you know if the current owner owns it I don't 
know if they maybe vacated or you know provide   what it actually allows U so that that would be 
addressed at that point um but we really don't   have any comment other than you know we wouldn't 
allow anything in it right now um until that's vetted what what is that building the big the big 
white building that's a Badcock Furniture oh okay   it's a furniture store and then on the other 
side it's a gas station I believe yeah they're   Cumberland Farms and the only access to this um 
what we calling it um a restaurant facility um is   off of ton Wanda drive so again the applicant 
may be able to speak to that um the site plan   submitted to staff shows access off a ton of Wanda 
um from our understanding and conversations with   County Transportation uh Mobile Highway is a state 
highway um it is likely and then of the opinion of   County staff like that the applicant would likely 
not get approved for a driveway an additional   driveway onto Mobile Highway um if that would so 
occur and you may be able to comment about that   sir um then the county couldn't deny access um 
and therefore the access would likely be where   it is shown on the S plan okay and in in here it 
talks about um not being next to residential but   isn't it across the street and adjacent sent to a 
residential technically the abing properties are   all commercial and commercially used if you look 
closely enough we we couldn't say that because due   to um directly to the West there is some type 
of private rideway um if you pull up an aerial Rachel so technically it's not 
a budding um the areial with the   Parcels um that is not a parcel there that just 
goes back to the folks in the funny looking one   there to the Northwest uh it's just some type of 
private rway like a dirt road I think you can see   it who owns that I I don't think it's owned it's 
just it's just not Zone it's not it's just right   away like a private type of RightWay Dre it's it's 
right away that was um actually I think it was in   Alleyway in the was vacated very no no it's 
it's still there um the Subdivision plat was   from the early part of the 1900s and uh it it 
didn't have as much information as we would   have today but that's where when we tried 
tracking this down um I found it on that   plat but across the street is residential 
homes yes all that on the south out of ton   Wanda is residential and to the the southeast 
that parcel there was the one that came last   uh last month uh drive-thru restaurant request 
on there oh the drive-thru and something else   correct was it the one there was like a dentist 
or something yeah yeah that was chickf yeah um uh and from our research um the property 
just north of Badcock came through in   2016 for variance because it abuts MDR and as a 
drive-thru um I think it's a Duncan Donuts um so   when that happens it requires approval from this 
board it was approve as a variance just a note   there uh another comment related to the access 
um regardless if this was restaurant outdoor   type of use um if this was a straight permanent 
use in the commercial zoning District that being   allowed by Wright um we would still be looking 
at potential access off a ton Wanda any type of   commercial if if they couldn't get a driveway on 
Mobile Highway again that's unlikely um and um   obviously it was advertised and 
we didn't have any phone calls on on it I think we may have one person speaking okay we did I did receive a 
phone call from the property owner to   the north um in full disclosure that 
had questions concerns related to The   Proposal um and they were explained that 
they can come and speak for against or whatnot Mr chairman I think that's all the 
questions I had that's all the questions   uh is there anyone else on the board that has 
questions I know it's been a long morning but   uh what would the hours be I me what would 
be you know by that being a you know a pig   I think I saw a picnic area in there and 
sitting area what would be the hours um in   that um area um I was thinking maybe Friday 
Saturday night 8 nine o'clock at the latest okay any more questions well and we have no speakers on this 
I think we're at the point now where we can uh   take this matter and decide I have a motion second we have a 
second all those in favor of accepting   staff's findings of fact as presented 
please raise your right hand and it   passes unanimously thank you sir excellent 
thank you guys for your time yeah well Drew what what's on the program 
for next week or next week next month yes what do we got so the next meeting is 
going to be May 15th I have three cases so far   one is just like a recreational uh outdoor area 
for a subdivision um another is for an educational   facility and then the last one is a salvage yard 
is a what salvage yard oh a salvage yard okay I   think Drew signed up for that one yeah okay uh 
Madam attorney do you have anything you'd like   no sir no sir okay well uh we appreciate uh the 
board's hard work and I know that we've had some   difficult cases this morning and I just want want 
to tell you how much I appreciate everyone's help   I know we don't uh haven't always agreed this 
morning on the outcomes but we've had some very   good in my opinion questions and concerns and so 
uh I just wanted everyone to know that uh we may   not agree but I'm I really think we function 
well as a board okay I guess we are a juring then that's right who wants it who wants to be chairman yeah that's right Jennifer 
going to be our chairman [Music] [Music] [Music]