good evening you're attending the board of adjustments meeting board of adjustment meetings are Quasi judicial nature all decisions of the board will be based on confident substantial evidence including testimony provided in the meeting any person who's not an applicant or agent that wishes to speak will need to fill out a speaker's card located on the side table by the door and then turn them into the clerk each member of the public will be given three minutes to speak on each item please refrain from speaking from the audience Applause or cheering will not be allowed please silence your cellones we have a uh roll call please John Ren here Owen Curley here Jeff trar Todd Smith here Jennifer Williams here Mt here Laura J here okay next on our agenda is approval of two minutes meeting minutes for two meetings is there a motion ail okay so mov in second it all in favor I oppos pass next is uh correspondence any correspondence no correspondence we have no old business so I will ask that we call the new I call Cas number 2410013 property address 3901 P Boulevard motion to consider sections 34- 336 e1e for 39.7% lot coverage 35% maximum for circular driveway and pool deck to a single family dwelling for property address 3901 p v Boulevard real estate number 18725 legally described as 8 BL okay as a reminder each member of the public will be given three minutes to speak when we open the public hearing does any board member have any export communication I had none I had none I've had none I've had none and I've had none would the applicant please come forward to be sworn in and give their presentation if you give us your photographs then become part Rec please raise your right hand do you swear or affirm that the testimony you're about to give in this matter is the truth the whole truth and nothing but the truth so help you go I do please state your name and address my name is Emily pierce my address is 1301 River Place Bard and I'm representing the applicants um tonight I have with me cor Johnston and Gordon stacx they are from generation homes they're the builders and then I have the homeowners um Jay and Beth finnean so the um Builders would be happy to answer any questions if you want to know about what happened between turning in the uh site plan for the property and actually the onsite um things that they ran into when they got them there to build but I'm going to just give you a quick rundown of what we have and what we're asking for so we're requesting an increase in the um lot coverage from 35% to 39.7% and it's to odate a circular driveway and pool decking and the increases basically was described to me as the difference between design and construction based on actual site conditions the driveway wasn't engineered you know this is a single family home so when they went out to the site they realized they had some drainage areas that they needed to avoid they also realized the original home on the site had a circular driveway but this driveway um when they went to actually put it on the site realized they could notom trucks or large cars turning radius just needed to be widened so that is the majority of the increase that we're asking for it's 3.2% of the increase that we're asking for um and of course the driveway wasn't engine engineered um but on site of thinking did a wider turning radius the pool decking as drawn uh would have resulted in a pool deck that actually wasn't usable you couldn't put chairs out there you couldn't put a small table so the pool decking was increased and it's roughly 1.2% or so of the um request the property is essentially at the corner of Three busy roads if you look at the areial that I gave you you see that we have Pon Boulevard Ponto Leon Boulevard and First Street South so we have to have a circular driveway it's not only for the safety of the residence of the house but it's also for the safety of anybody going down Pon ofra turning on first off of constantly on it's a fairly blind Corner because it's a turn um it's really for the safety of everybody that is going to travel those roads you will see from the area that I gave you that the home the driveway the pool and the patio are consistent in size and style with all the adjacent properties and the property actually has more green space than what you see on many of the neighboring Parcels um simply because it's a it's widens as it goes back and there's a bu restriction line so you actually have a lot of green space on the back end of the property um our Builder was kind enough to pull together some information about some of the properties in the immediate area and so that's that little chart that you see on the second page that I gave you and you can see that based upon the lot size and size of the ground floor area of the home um it's most likely that pretty much all of most of the neighbors properties actually exceed the 35% we were able to pull up unfortunately when we turned in this variance application was also at the same time that there was a glitch in the city's computer system so we weren't able to pull up variances um there were two that the city staff knew about so I put those on the list for you um so those were actually granted larger variances than what we had I understand the variances are granted on a case-by casee basis and they're based on the facts of each and every case but I think it's important to look at this house and this lot in the context of everything that is around it the variants being requested is the minimum necessary to permit a reasonable use of the parcel it allows for safe use of the driveway a useful pool area and it doesn't interfere with any of the neighbors they've not heard any complaints they get along rate with their neighbors there have been no complaints about anybody the signs have been posted nobody said anything um it again and I pointed out it deserves much of the green space on the property it happens to be that this is a a funny almost wedge shaped parcel so you actually save a lot of the Green Space along the water the request meets all the city's variance criteria you have the city staff report which recommends approval and we ask that you support the application thank you okay thank you does any word members have any U questions I'd like to know not this back up answer question it seems to me that some level the owner of this new structure you it seems to me that that the owner of this new structure has created his own problem and and that would not allow for a hardship I would disagree um I think again a lot of it has to do with where the property is located it has to have a circular driveway and it's got to be a driveway the prior building did have a circular driveway but it wouldn't accommodate the turnaround of trucks and larger cars and that's just kind of a fact of life of what we have now is larger cars you will see from that chart that I gave you that this house is the same size or smaller than most of the houses in the neighborhood so again we're not asking for something that's different than what the neighborhood has and the intent was not to exceed 35% it happened when construction actually was going on the home was being built they realized that the driveway was not sufficient the way it was designed like I said you don't engineer a driveway for a single family home so when they got to onsite and realized that they needed to adjust because of the width of the lot the drainage and then meeing the turnaround that is the bulk of what created the problem is the uh is the driveway uh as designed here is this fitting the footprint of the prior existing driveway or is this it's it's pretty close to the prior existing driveway so at the top there was a all the extra lot space or all the extra so yeah for the most part it was it's now just like I said the turning radius is a little wider and it's a little bit deeper um but yeah it pretty much follows what the prior driveway had so if I can ask when they determined that they needed more area coverage why wasn't it addressed at that time before they laid the concrete sounds like this change was made already and now we're asking for a variance on it that's correct it was made on site the change was made on site but it wasn't until we actually calculated theare footage of the home and all of the impervious surface that we realized we were over 35% they didn't think that the changes that they made they were so small um that they were going to throw you over the 35% and the pool deck has been already correct yes everything that so the picture that you see the aerial that is the house as it stands now with the pool the deck and the driveway you're really not asking permission you're asking for forgiveness we are asking for forgiveness yes than I have curiosity why why did this not get address when you realized that you were going to be oversized they didn't realize until they turned in the um site plan for surve until they turned in the final survey so the house was up and built and done um and then they turned in the final survey and that's when we noticed that it was over I I just have a hard time with a 25,000 foot or 27,000 foot lot saying that's a hardship well is not self created it's a big lot but you'll see that the building restriction line comes a long way into the lot plus it's narrow at the front and then it widens out so as as I said the house is of similar or smaller size than most of the other houses on the Block so we do we were in by the the size of the lot and I know it sounds like it's a big lot but again it's got a pretty pretty heavy duty building restriction line and then its location I'll ad missed I'm sorry if I did you say that the driveway design was changed after it got pered or was that design in the pering stage so the original survey was turned in with the sketch of where the driveway was going to go okay and then it was modified on site so it doesn't actually look any different if you look at the sketch from what was turned in to the city to the sketch now it honestly doesn't look any different um that's he's showing the the back and forth between the two that's the original sketch okay then the original the original sketch and everything laid out was a 34% correct okay and you see the original has the driveway it has the pool decking um it just when it ultimately was calculated it exceeds it and as I said we're not asking for a huge exceedence it's a pretty small one but it is to cover what is out there looking at the sketch on the screen I know not everybody can may see it from where you're at but I kind of zoomed in um is it each entrance or exit of the circular driveway is about 22t in width at the street and then narrow slightly as it approaches the home if you don't mind I'd like to have our Builder come up and answer that cor this is cor Johnston do you mind being support please raise your right hand do you swear or affirm what the testimony about to given in this matter is the truth the whole truth and nothing but the truth so you go I do please state your name and address cor M Johnston 5860 US Highway 1 North St Augustine Think answer the question can you re ask it again yeah absolutely just looking at the entrance and exit by the way you look at it from the circular driveway at the road it looks like it's about 22 ft wide is that correct and then kind of Narrows as it goes to the home absolutely there's the apron at the front of the uh Street and then we purposely narrowed it you know to minimize the use of surface but then when we were on site and we were laying out the driveway on site after the house was built and looking at how we would could get drive cars in and out and vehicles uh then that's when um we enlarged that driveway area I can assure you it was not purposeful it was not blatant we never come in and ask for forgiveness we do it right generally the first time this is such a huge piece of property that you know fooled us absolutely it fooled us that we didn't have the room that we thought we had to build the dway can can you speak to what the width is at the narrowest point going toward the home and then what the depth is from the street side of the front yard to the home I can give you an approximation I'm going to ask Gordon to come up he probably has a little bit more memory than I on that we're probably maybe 12et at best 12 in the narrowest place most parking places are 8 ft I know that you know so that just gives you a couple feet on either side to step off out your door of your car onto a surface rather than onto the grass and then the the Deep area between the front edge of the driveway and the home that's necessary for the turnaround is what you were saying yes sir it is questions okay does anybody else have any questions do you have anything else for your presentation um I don't the only thing I would say is your questions about the driveway we actually um did a house in Jacksonville and we just redid the driveway and we had exact same issue my husband drives Ford Ranger which is not a huge truck and literally he kept trying to take out the handrailing on the porch and so when we had the driveway done with pavers to avoid the trees and various other things we ended up having to expand out that area so that we can actually make the turn so okay avable for questions okay uh I will now open the public in do we have any speaker starts yes we have Emily Pierce okay seeing how we have the speaker cards is there anyone in the audience who has not yet filled out speaker card that wishes to speak okay I will now close the public hearing and bring the item back to the board for discussion is there a motion I make a motion to approve boa 2410013 based on the testimony and evidence provided the request has met all the standards for variances outlined in section 34286 of the Land Development code second okay it's been moved in second any discussion forgiveness it is forgiveness it's not a lot of forgiveness so I struggled with on this one the special circumstances and conditions that do not result from the actions of the so if we look at the traffic situation in the shape of the lot we could create a special circumstance that's outside and then meet the criteria it is a massive lot even by their own chart I it exceeds the 200 yeah we have Road and that's a two Road I think we set set VAR okay any other discussion any okay can we get a roll John no Todd Smith yes Jennifer Williams no Matt M no oh CLE yes okay your request for variance has been denied we call the next case please sorry I call case number vaa 24-1 000014 property address 41 South 13th Avenue motion to consider sections 34337 E1 for 40 40% lot coverage and of 35% maximum to address nonconformities and for new permeable P driveway in a pool for with coping only to a single family dwelling located at property address 411 sou 13 okay uh reminder each member of the public will be given three minutes to speak when we open the public hearing does any board member have any export communication I've had none none I've had none I've had and I've have none the applicant please come forward to be sworn in and give their yes we please raise your right hand do you swear or affirm that the testimony about to give this matter is the truth the whole truth and nothing but the truth so have you God yes ma'am please state your name and address Bob Baker 9413 Southwest 35th Avenue Gainesville FL de L 4011 13th Avenue South Jack Beach Florida okay go ahead okay just want to say I've lived here for six years from Pittsburgh and I'm already freezing in this room say something about how fast your are and we are asking for permission not forgiveness point that out not to bring humor to it um I apologize it's my first variance meeting um and when we turn in the application I know it comes out to 40% you'll have to bear with me because I'm working off the original from the uh topographical survey so when we got that back originally from dir and it came in and we were adding I think it was like 16 square feet which was a 2% uh Debbie's lived there since 2001 I believe added nothing a lot and the original survey we had versus the Topo obviously his normal was quite significantly different but she was already at 44.6 as she was now so the only thing that was of concern that we talked about when we turned it in is the covered wood deck area uh you'll see it up there top right it is a wooden floor that has over a quarter inch Gap in the floor it's dirt underneath of it so we asked to have that area excluded from the calculation and her lot does appear to be unded by approximately 1,000 sare ft versus the sector so with that being covered in there um we're actually reducing her impervious coverage area uh just adding coping basically in a fountain it does say on in I think it's just a typo that we were adding a paper driveway we are not we're removing what appears to be a little driveway coming in through the gate right next to the covered concrete to the right there are papers there and we're removing the papers off of the fire pit as well to help reduce that coverage as well so the goal was to get her as low as possible for 25 years she's been saving for a swimming pool um but working in the healthcare and she doesn't feel comfortable in public swimming area just wants to get a pool we try to do everything we could to shrink that down minimize her we're taking away from where she's at now and dropping her in coverage okay uh does any board member have any questions can you tell me a little more about the wood deck where you mentioned that it was a SP w but it's listed as cover does it have any sort of a a roofing over it or is it it's aan Gazo yeah with gutters on it and yeah and in the floor just a wood deck more like a track we turn in pictures with it of the deck I don't know if are it is it is it is calculated that's 100% it's a brand large deck so we have to have that removed from the calculation as well and an allowance for the undersiz have you uh spoken to your neighbors uh actually yes my neighbor Jay who lives right next door he came over he got the letter and he came over and goes so what you doing and I said just putting the pool in the ground because we've had one above ground um for years but because of the sea salt it just eats it up so I saved and saved to do this for me and my grandkids who live with me and um um he's like okay so when you have a party I can come I said absolutely so he's happy and I am sure you all know him he's here all the time any other questions for okay you can step back I'll now open the public hearing do we have any speakers card we have no speaker cards okay is there anyone in the audience who has not filled out a speaker card that wishes to speak no okay I'll now close the public hearing and bring the item back to the board for discussion is there a motion I make a motion to approve boa 24-1 z0014 based on the testimony and evidence provided the request has met all the standards for Varian as outlined in section 34286 of the Land Development code second okay it's been moved from second any discussion I think it's an undersized law they're asking for a reasonable coverage amount Rel what a full size would have and they've obviously done everything they can do to make it accessible by reducing the current coverage absolutely it was a standard be 33% and I appreciate the fact that they're taking out papers to help out their lot coverage issue which I think is is really nice so it's great any other discussion okay we have a roll call V please Todd Smith yes Jennifer Williams yes John Morland yes Matt Mets yes Owen Curley yes your request for variance has beened than Youk call the last can I have a quick question real quick on there realiz this for yesterday um there's a fountain on the back of that pool um I know we go five foot variance to set back off of coping but the way that fountain's enclosed it puts it 3 and a2t off of the property line great question take okay I call case number bo8 24-105 property address 1305 North 14th Avenue motion to consider section 34- 336 E1 C3 for a rear yard setback of 21 ft L of 30 ft 34- 3361 42 L coverage in L 35% maximum for proposed improvements to a single family dwelling located at property address 1305 okay it's a reminder each member of the public will three minutes to speak does any board member have any answerone I've none I've none none and I've hadone would theate please come for to be swor in and give their presentation do you swear or affirm that the testimony about in this matter is is the truth the whole truth and nothing but the truth so help you God I do please state your name and address Eric moris 1305 14th Avenue North Jacksonville Beach Florida okay go ahead sir uh yeah so basically what we're trying to do um is we have a flat roof area um of our house and a giant magnolia tree that has ultimately destroyed our foundation where the flat roof is we um looking to do uh a new gable roof and pour new Footers and everything to fix all those issues that we've had uh with the house there um and the reason for the rear setback request is because our existing house uh is already protruding beyond that uh and we want to run that new dabl roof to give us a covered patio area in the back uh near the pool um and then block coverage wise U after doing the pool work uh we had some papers moved while we were under construction for the pool Pap that we had in the rear to the front um so that's showing the proposed on the other one I think you have the copular survey with that front patio which put us over that 35% so um we do want to remove what's there and redo it as shown on that survey But ultimately all that there um about 41 uh% but I was a little nervous about going 41 and ending up coming back asking for forgiveness okay does anybody have any questions for the after I think you answered the they said 42 and 41 in the report so you answer that looks like I appreciate that any okay you step back sir I'll now open the public hearing do we have any speaker was oh oh yeah he's already spoken all right is there anyone in the audience who has not filled out a speaker card that wishes to speak anyone at all okay if not I will close the public hearing and bring the item back to the board for discussion is there a motion make a motion to approve boa 24-105 based on the testimony and evidence provided the request has met all the standards for variances outlined in section 3420 d286 of the Land Development okay it's been moved in second any discussion yeah I agree it's not a lot not land coverage the standard lot it would be 36% or potentially 35% we% discrep okay the existing structure is already in the rear set back so I think that that is permissible at this point okay um there's no more discussion can we have a vote please Todd Smith yes Jennifer Williams yes John Moren yes Matt M yes Owen Curley yes the request for variance has been approved okay next on our agenda is the uh planning department report um on Monday April 22nd uh the comp plan will be going to the Planning Commission and then um our next meeting will be on May 7th and we have two it um May and if you guys are interested on Monday uh the C going to uh to the plan commission and then I don't remember exact date but may it will be going to the um city council okay uh courtesy of the fla visitors none is there motion to all in favor thank you all