##VIDEO ID:ctcDLmFrKDI## members present we have a quorum will the clerk please swear in members of Staff please raise your  right hand do you Solly swear in affirm that the testimony you're about to give will be the truth  the whole truth and I can but the truth help you God I do thank you members of the board copies of  staff's resumes have previously been provided and remain on file for reference the board has  previously recognized staff as expert Witnesses does anyone have any questions regarding their  qualifications and abilities to offer expert testimony no motion is required seeing none the  board of of adjustment meeting package for January 15 2025 with the development services staff  findings of fact has previously been provided to board members the chair will now entertain  a motion to accept the boa meeting package into evidence motion motion by Willie second second by John Randy Randy I'm sorry motion passes the chair will vote yeah now oh I'm sorry yeah we do have to vote um all those in  favor please raise your right hand and I see it's 5 Z okay all right all those  uh the motion passes with five members in favor of the motion and no members opposed Madame clerk do we have proof of publication yes sir did  the publication meet all legal requirements yes sir reading of the legal advertisement is not required um the chair will now entertain a motion  to wave the reading of the legal advertisements do we have a motion motion motion by Willie  second second by Ross all those in favor please raise your right hand and it passes 5 Z members of the board have you reviewed the the minutes of the board of adjustment meeting held  on December 18 2024 and upon review of the minutes are there any additions deletions or Corrections  seeing none the chair will now entertain a motion regarding the minutes for the board  adjustment meeting held on December 18 2024 do we have a motion motion motion by Willie do we have  a second sir second by Ross all those in favor please raise your right hand and we have the the  motion passes with five members in favor and no members opposed Willie would you please read the  purpose of the board of adjustment and conduction of the meeting the board of adjustment boa hears  administrative appeals variances and conditional use request these hearings are Quasi judicial  in nature quasi judicial hearings are likely evident hearings in the court of law however  less formal all public testimony will be taken under oath and anyone testifying before the boa  may be subject to cross-examination all documents and Exhibits that the boa considers are entered  into evidence and made part of the record 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 considered the relevant testimony the exhibits entered into evidence and the applicable  um law because decisions of the boa relating to variances conditional uses and extensions  of development order for site plan approval are final unless overturned by a court or competent  jurisdiction the County May issue development orders and permits for the properties and  ordinance with the decisions of the boa however if the applicant request the issuance of any such  order or permit and such order or permit is ISS issued the applicant and not the county shall  bear any risk that such decision may be set aside the development order or permit may be revoked or  the development may be otherwise enjoined by the reviewing Court any applicant for relief from a  de decision of the boa for said actions or any agreeded party as defined by state law May seek  review of such decision by filing an appropriate pleading in court of competent jurisdiction  within 30 days of the boa decision the date of the boa decision shall be the date of the boa be the  date that the boa voted at the conclusion of the hearing whenever the boa denies an application no  new application for identical action on the same parcel shall be accepted for consideration within  a period of 180 days of the boa decision any person agreeded by this decision of  the boa relating to an appeal of an administrative decision made with within 15 days thereafter apply  to the Circuit Court for review each individual who wishes to address the board regarding any  particular issue must complete a blue request to speak form and submit it to the clerk of  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 requested speak forms we must have these  completed forms for public record all written or oral Communications outside of this hearing  with members of the board of adjustment regarding matters under review today are considered expar  Communications expart Communications are presumed prejudicial under Florida law and  must be disclosed as provided in Board of County Commission resolution 96-13 before a decision by  this board or any administrative appeal variance or conditional use request the chair would ask  as each case is heard that any board member who has been involved in any expar communication  regarding the respective issue to please identify themselves and describe the communication we have  one case today case number v-20 25-01 Pensacola Boulevard a variant request to allow additional  signage in rmu zoning requested by Matt zeni Denise Anderson Lauren murf and Mike Whitfield  agents for dgs Holdings limited partnership owner board are there any expart Communications  seeing none board is there any knowledge of information obtained from a site visit or other source seeing none has any board member intend to refrain from voting due to a voting conflict  of interest seeing none would the individuals who are a party to this item please come to  the podium state your name and address for the record so you can be sworn in by the clerk uh good morning Matt ziny with jenin engineering address  is 73 egland Parkway Suite 2034 on Beach 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 so you God I do thank you stay Matt stay up there just so he can ask you a few questions have you been provided a copy of  the criteria required to obtain a variance and a copy of the findings of Acts yes sir and do you  understand that all criteria must be met in order for the board to Grant you a variance yes sir  all right would you like to make a presentation or would you prefer to have the board or the uh  staff um I'd prefer staff make a presentation and then I can come up after that just give a  brief explanation and answer any questions that that they didn't answer for you great thank you  good morning board um I want to introduce you to Melissa Shirley she's been with us just  over a year uh working at our front counter and um we are moving her into a a different  different role we're going to start assigning cases um got lots of plans for our new staff  members because I'm not staying here forever so with that I will turn it over to Melissa good morning um so this is the location map uh for the subject matter um this is the current zoning  surrounding the subject matter this is the future land use um surrounding the subject  matter um this is an aerial photo um of the site um this is looking um at the site looking North  along Highway 29 this is looking um this is actually looking south or South along Highway  29 um this is across the street from Highway 29 um and this is also another one looking South  Long Highway [Music] 29 um this is looking onto the site from the road um and this is uh looking  at the actual signage that was placed on the site um and this is looking north um essentially across  the street on to 97 and this is looking across standing on the site looking across the site from  Highway 97 and this is looking South along Highway 97 and from Highway 97 this is looking on to the site okay and um I'm going to go ahead and uh this um request was uh the applicant was  requesting additional signage um the first request is to allow um a second sign so a pylon sign for  non-residential use in an rmu zoning District the second is to allow increased um area and height on  all um requested pylon signage and the final was to um request wall signage in addition to the two  pylons on um the locations uh AB buding both of those roadways um as for criteria one um there are  special conditions that exist which are peculiar or to the site the parcel is on a corner lot um  which is Abed by a principal arterial Road along the Northwestern or excuse me the northeastern  right of way which is Highway 29 and then a minor arterial Road along the southwestern um right of  way which is Highway 97 the site is essentially located on a fork between both of those highways  that um would result um or excuse me may result in decreased visibility of um site of the site  as traffic is approaching from the north along Highway 97 and from the south um approaching  from Highway 29 the grade increases um at the proposed location of the Convenience  Site um which is unique um creating practical hardships for visibility of potential customers  that are approaching on both of those arterial roads um as to Criterion two um the subject  properties current configuration and roadway Frontage are pre-existing conditions currently  rmu zoning District would only allow for either one illuminated freestanding 10ft High um pylon  sign with a maximum square footage of 50 feet yet no additional pylon nor wall signage is  authorized in that zoning District the proposed signage request is for uh pylon with fuel price  ing at the Ingress egress at both locations approximately 32 ft in height and then use of wall  signage along the facade facing Highway 29 um the need for additional signage and increased height  does not result from actions of the applicant the proposed amount of signage is typical to similar  convenience in automotive fuel retail stores within Escambia County for Criterion three Grant  ing the variance requested will not prevent any other property in rmu zoning district from  requesting a similar variance the variance request um process is available to all Property Owners of  Escambia County as to Criterion four on premises um permanent signage Provisions authorized by  the Land Development code and instances of other non-residential uses allows for one freestanding  sign per individual parcel Street Frontage and one additional type structure for each full acre  above 2 Acres this location is approximately 8.4 Acres which would meet the criteria to allow for  two pylons one abiding each of those arterial roads Additionally the maximum allowed square  footage of the wall signage proposed by the applicant would be given within the existing  calculations of the rmu zoning District given that extra signage was granted in addition to  one of those um freestanding pylons finally sign variances must demonstrate the following  additional technical conditions as outlined in the Land Development code section 5-8 2D um as written below staff notes that the additional technical conditions are demonstrated in conclusion strict  application of the provisions authorized by the Land Development code would create  unnecessary and undue hardship to the applicant for Criterion five the requested variance for  additional signage would be the minimum necessary to make reasonable use of the land the proposed  use of the site as a convenience and Automotive fuel retail store is allowed in the rmu zoning  District in addition the amount of signage proposed is reasonable and consistent compared  to similar convenience in automotive fuel um retail operations within Escambia County and  for Criterion five granting the variance will be consistent with the general intent and purpose  of the Land Development code and will not be injurious to area or otherwise detrimental to  the public welfare the staff recommends um approval for the request as it has been sub let me just start by saying uh I work in a lot of different municipalities this is my first time in  front of boa in Escambia County but that was one of the best staff reports I've come across it's  covered everything technical very comprehensive so there's really not a a whole lot for me to say  from a technical U perspective but I did want to give you a little bit of background some of you  may be familiar with the sefco gas stations so the and I've done a lot of work for sefco over  in Okaloosa Walton Bay counties um and they got purchased recently several months ago by a company  called Casey which is apparently the third largest convenience uh store gas station uh company in  in the country and so this is going to be one of their they're going to take over the existing SE  go but this is going to be one of their very first projects outside of the Midwest um so obviously  important that they have you know they're trying to have the signage that they typically use for  most of their stores that's what the sign package shows it's just their typical pylon signs um you  saw from the location of this it's on a you know arterial roadway a minor arterial and we  have certain distances for our driveways that have to be from that intersection per Dot and  so having that you know standard pylon height and size uh allows the visibility they need to allow  you know Vehicles approaching to give them time to make decisions it's I think a 45 mph and a 55  mph roadway so um it is their standard signage um and it would be just you know very beneficial  to the project especially being a gas station to give them the visibility they need um if you have  any questions for me I'll do my my best answer board members questions for the applicant board  um as an aside anytime we're talking commercial signage like this um I need to let you know uh if  there's going to be any sort of electronic readerboard kind of signage you know with  a changing message we do have specific criteria for that that will be addressed at the permitting  stage um right now we're just talking about the overall amount of signage and pylons thank you  board questions of the applicant I have I have one question um the gas station across from 97  um do you have any idea what the height of their um sign is I do not Melissa can  I answer that um sorry it is uh maxed out at 35 and this applicant is requesting less than that  which is 32 okay thank you you just just so I can um get clear understanding um Highway  97 that's that's kind of like the more cut off road they call okay yes sir minor arterial and 29  as principal Arial okay any other questions for the applicant or for staff thank you thank you Mr chairman yes I think it has been U presented well by the  staff and um if there's no further questions um I'd like to put a motion on the table to  approve according the staff's findings I'm at this time right I got speakers okay I'm  sorry I apologize we have a motion by Willie do we have a second oh no I'm sorry I'm sorry  Mr chairman um I was just I just um speakers we do want we may have one speaker Andrew aain all  right would you like to speak no sir all right okay okay motion to approve to accept staff's uh  recommendation thank you I'll second second by Ross all those in favor of the motion please raise your right hand and we have a 5 Z vote  just just for the record Mr chairman um you said I was a second by Ross and um is that the other Ross the other okay thank you for that correction all right motion passes  oh did we vote y all right sorry about that motion passes so uh board your next meeting  oh oh we're going to go ahead and take a vote after that motion we already did  yeah yeah okay all right you're good I was there I was there thank you sir yeah staff anything happening for next week next month our next meeting is February 19th  and as of right now I have one conditional use that's coming in okay all right anything else  from board members Mr chairman I just want to say I'm just happy for my wife to be here today  since 2019 she's finally off of work and she attended today so I'm just glad to have her  here today no I don't think we need a motion for that one though all right thank you this meeting  of the board of administration adjustment is hereby ended thank you see youall next one yeah right we