good evening you are attending a regular meeting of the Jackson Bill Beach Board of adjustments the board of adjustments meetings are Quasi judicial in nature all decisions of the board will be based on confident and substantial evidence including testimony provided in this meeting anyone who is not an applicant or agent that wishes to speak will need to fill out a speaker card located on the side table by the door and the cler each member of the public will be given three minutes to speak on each item please refrain from speaking from the audience and Applause or cheering will not be allowed please silence your cellones can we have a roll call please John Morin Owen curlyy here Jeff TR here Todd Smith Jennifer Williams Matt Mets here Laura JY okay next on our AG is approval of the minutes for April 16th 2024 is there a motion I move to approve the minutes move second all in favor I okay any correspondence okay there's no old business uh before we call the new business uh for the applicants normally we have five voting MERS but tonight we have many people out and alternates out so there's only three of us which is enough for a Bo however you'll have to get uh an approval from all three in order to get your variance approved so in light of that uh if you would like to postpone to the next meeting to the next meeting you can have that option that being said we'll go ahead and call the first case Okay first case boa 24-1 z17 applicant Rick Johnson trustee galne yor and Ral trust property address 3604 Ocean Drive motion to consider section 34 336 E1 C1 for front yard set back of 20 ft BL of 25 ft down 3436 E1 C2 for a Wesley side yard set back of 7 ft 10 34 336 E1 C3 for rear set back of 7 ft 30 ft minimum 34 336 e1e for 52% lock cover Move 35% construction of a single family dwelling for property address 3604 drive as a reminder each member of the public will be given minutes to speak when we open the public hearing does any board member have any expar communication i' none I've had none I've had none with the applicate please come forward and present your request please raise your right hand do you swear or affirm that the testimony about to this matter is the truth truth and nothing but the truth that be godone yes please state your name and address uh Rick Johnston 3528 Ocean Drive South um I in preparation for this hearing this evening went around the neighborhood and talked to some neighbors attempted to reach all the neighbors um that were impacted three of them were not home um to get um I'm also one of the signatures I live across the street from the house I'm at 3528 this is 3604 uh 3604 ocean dark south is a non-conforming very irregular lot in South Jacksonville Beach which is a very important area um beautiful homes you know they complement each other you know things need to be deliberate and thought out um we put forth this plan to you know prepare to construct a single family residence the house that sits there now is from the 1950s it's pretty rundown um it'll be nice to add some fresh perspective to the neighborhood uh the variance request is consistent with those uh that have been previously granted most recently 3527 ocean D South that's the 100 foot lot on the ocean that was given lot coverage in excess of 50% in setbacks um in disclosure to the board you know uh this will be my six t in the area that's been constructed that I've come before the board 3510 3518 my 3528 3537 5337 and uh now 3604 so I have a you know huge sense of pride in the area and invested to it and you know I'm excited to be there every single day so um the difficulties with this lot is that it's so narrow on the corner I mean it's like 43t and then when you impute the um the requirements to you know 50% of the front edge for the turn and it really kind of gets restriced so um we've come up with a plan that um works that we're comfortable with and this is the setback relief that we request and as it relates to lot coverage the lot is on 6793 so the math if it was a 10,000 foot lot we just went backwards from that and don't feel like we're asking for anything um beyond what would make the slot viable and consistent with the use of other you know rs1 Zing lots are you taking the old house down yes sir taking it down that question how you two stories or three stories three stories on one part two stories on the other thank you for neighbor input on and like one of the people that weren't home 35 uh 37 I built their home so I would assume that there would be in support of it I assume the pool area around the pool area what is the surface material around the pool area some sort of you know perious material yes sir all the way through yes um yeah a lot of contemplation with regard to the elevations you know view corridors access points thank you we have any speakers yes we have two speaker cards the first one is from Colin Bel like to address the board come forward please raise your right do you swear or affirm that the testimony about to give in this matter is the truth the whole truth and nothing but the trust shall be God I do please state your name and address my name is Colin spelt 1612 fth Street South Jacksonville Beach yeah so um I'm the architect who's going to be designing this uh lot typically a lot is by code supposed to be at least 90 foot wide and so at the at the North side this lot put back to where the buildable area is we we only have under a 25 foot width which is extremely narrow and then even if you look at the widest portion which is the southernmost portion that's probably when you get to the building line because noral L to be rectangular when you get to the building line you know it's a 66 at the property line so it's even less than that let's say 60 so it's about 2/3 of the actual width of a normal lot that be allowed um again we don't want to build anything that's crazy we want to keep all of the the actual building area lot coverage of what a normal size lot would be we just want to build a normal size house that any of the other Lots neighboring that are able to build and that's the goal is just to build a normal siiz house that any of the other neighboring rots are able to build again we're not even trying to Max this out vertically we're trying to create some Open Spaces give some relief on the uh streets um overall I mean main goal is to create a house with a nice curve appeal um if we do have to do a lot it's even smaller we just have to go making more of a box it's the only way to make it viable if we have more lot uh space then we can we have more play to make something that actually really brings more character to the community especially that that nice selary Community that's all I have to say thank you please raise your right hand do you swear or affirm what the testimony you're about to give in this matter is this truth the whole truth and nothing but the truth so help you God I do please state your name and address Lake deal uh we 1525 B The Greens Way uh tax sir thank you U the next door neighbor to the west of this lot is who has hired me Mr Mrs bowan uh they're building a new house next door to this house and I'm not sure why there wasn't any communication but they hired me to come here and oppose the variance uh the reason that they did is because um if you look at the the three houses beside this lot uh going to the West all three of those houses meet the front yard and the rear yard setback so all of them have the main house um to the north then they have the garage behind the main house and then they have the pool in the rear yard what was done with this one is is they're swapping the pool in the garage and that's creating this need for this huge request to decrease three yard setback from from 7 ft to to from 30 ft to 7 ft and if you look at the application there's actually a mistake on it the way he drew it out it says code is 10 ft and he's asking for seven code is 30 and the other three houses to the to the West his neighbors do meet that 30 but their their main point of contention is is trying to go forward of the line all the other houses on the street meet on the front yard sat back they're asking to go forward an additional 5 ft and when Mr Mrs bowan designed their house they they did so and it's under construction now with the with the expectation that any house built next to them would also be on the same line as their neighbors are to the to the west and and that the setback requires and by this house going an additional 5T forward it it cuts off a hug amount of their their view out towards the ocean and U I had hoped that I'd be able to put something on an overhead or something but but I can't do that so I'll just give these to you but I did draw how much of the view is lost by this house going forward that additional 5 ft and I also uh showed how the houses to the to the West all meet the 30t rear yard setback and have the pools in the backyard as opposed to this swapo that's being done on this one and I I diagrammed out the difference and and uh this this is a large house being put on the lot they have no problem with that but but their issue is that the design a hardship is supposed to be something that's not in your control but when you purposely design the structure so that you create the need for the variant that's that's not a hardship we feel like this could easily be designed so that you didn't need the additional 5T in the front and all the just referen talk House 52 42 and 10 I'm I'm talking about my clients or the the lot immediately to the West yes 10 and then the other two houses I was talking about are 42 and 52 thank you yes thank you that's we okay address anything yes sir please I could sir um you know the law the adjacent laot a house it's under construction and it's probably 6 months away from completion um it's a very very very large house I didn't get an opportunity to see Mr Deal's diagrams with uh regard to view corridors and so for but um 3527 the 100 foot lot on the ocean has been cleared for a year now and that's one of 100 foot Lots on Ocean Drive the other one has a house on it and Mr Peter Gibson came before the board and presented a house plan and the board was gracious enough to support his request for 52% lot coverage and um you know it's a really unique design that has two different Towers on each end so for and for myself living in 3528 I have the same exact setback considerations but you know my rear yard is 7 and A2 my side yard is 7 and A2 my other side yard is 13 my front is 17 um the way that the road Ocean Drive runs you know basically reduces the front rages on those lots and having the experience of having become before you to in know the intricate details of those setbacks and how it works to make the orientation of the houses work all that's been contemplated um you know I can tell you that I've demonstrated commitment to the community the consideration for the Neighbors construction design complimenting you know complimenting your neighbors not you know boxing them out or anything like that and that's my intent to continue to do that so it's a really difficult condition based on it being a corner lot only having 24 and A2 ft of buildable space on the corner um there is an uh to add to the curb appeal of the street and the character of the street it's not much different than my home at 3528 where I've got the detached garage the main house and the courtyard that runs along the side and it's all V in that's the way to use those lots and it really kind of expand it with open space and vegetation and um it's really just the best use I'm not a huge fan of the giant boxes I don't you know the scale and the textures those are important um the I I I just believe that it's necessary I think the request is warranted um it's consistent with variances that have been granted in the past I think some of the considerations that have been you know offered by Mr deal aren't relevant because of the impending construction at 3527 I mean I've I've had an for a year and I don't it's going away I know that it's going to go away it's been great to have it but it's certainly going to change um and I knew that when I bought my house and I built my house and that's just part of it you buy up front or you you know Vier seats in the back um with that being said you know the uni this slot is not going to change it's a struggle to come up with a a complimentary design uh we think we've got a good good approach and I would ask for the board's support okay thank you uh is there any member of the audience who has not filled out a speaker card that wishes to speak okay seeing none I will now close the public hearing and bring the item back to the board for discussion is there a motion than a motion to approve 21 sorry EA 24-11 0017 Bas on testimony evidence provided the request has met all the standards for variances outline 34286 of Land Development code second in second any discussion can I have The Clarity on that question was brought forth whether this was written properly on this comment was said about foot 10 foot I didn't understand that I think it looks like is on the side yard and then the third line of the request with s inste of 30 I read twice it is written right corre how I read I was addressing the question I was brought to us in the comments that's all I didn't read it wrong I would just say you have a non-conforming lot both in shape and size um I uh appreciate the comments that um uh the setback of the house is to be more forward than the rest of those houses on the on the 36 Avenue South um but it is a narrow lot it is irregular the hardship is not created At All by the applicants I think that the point about the view on Lot 10 there the ocean view is very valid is going to be buil out can't consider someone's view that's whether it was built or not or whether they had view that's that's not the code for us to factor that's right yeah that's a good point um the uh I do appreciate getting the neighbor signatures the anybody else have any other comments we have a roll call Jeff TR yes Matt yes ow Carly yes your request for variance has been approved we call the next okay next -24 d118 Michaela right yes address is 7744 sou motion approve 34- 337 e1e for 40.4% lock C move 35% maximum 34337 e1g for pool set back a 5T 5 ft minimum between the pool and the house for construction of new swimming pool and deck addition to a single family dwelling properly dressed 774 14th Avenue South okay as a reminder each member of the public will'll be given minutes to speak when we open the public hearing does any board member have any exp communication I had none I've had none and I've had none would the applicant police come forward to be sworn in and give their presentation please raise your right hand do you swear or affirm that the testimony brought to in this matter is the truth the whole truth and nothing but the truth so be gone I do please state your name and address my name is Michael Desa I'm at 7741 14th Avenue South Jacksonville Beach 32250 U I'm asking for support in allowing us to add this swimming pool and uh the decking um with special consideration given that uh you we moved into a situation that we already were over the um lot coverage um we're aware of what we're trying to do here in the community and we're trying to stay in support of that um I believe that uh the requests that I've seen from visiting some of our neighbors in the same street are are certainly within guidelines of what those properties have been able to accomplish um and um you know respectfully I'm looking for support for this request have you uh spoken to your neighbors yes I have and uh what was their reaction uh they're fine with it the neighbor on my left side is fully support they have a pool uh they were on my right side is again very Cooperative willing to flip the fence uh and I've been across the street two houses to my right they're in the process of adding pool the tiki hut right next to the neighbor that has the mcmansion that's like three or four stories of every molecule of that lot covered um you know so we're we're trying to stay consistent and and you know not uh and and respectful for water flow and everything else uh here at the beach and the board does recognize you do have an undersized lot 7500 squet would be your noral lot size your 62 yes sir any other questions can you speak a little bit to the the reason for wanting to be 4et instead of 5T from the home the size of the pool is refabrication of the pool I'm sorry the fourt versus one of the exensions that you're asking for exceptions is for the pool to be five 4 foot away from the home instead of the required 5 foot away from the home so what is it particular about the pool that makes that foot a point of contention um honestly I wasn't aware that that was a special consideration that we were looking for so cop foot staff revie the um survey we found that end there yeah sorry I wasn't wor that we were asking for that yeah that's what I yeah cuz it has to be um 5T away from the um main structure and all the lines so when we measured it it looked like it was like inste of five so just to clarify what we're being asked to approve at this point is that your pool can be for field from the home and that your laot coverage can exceed the 35% maximum to be at 40.4 yes sir um would you be amicable to a revised approval to where that the pool was 5 foot from the home I believe that it was 5 foot to begin with so I'd like to take a look at it if if if that's what's necessary but again I I thought that the design that we were presenting uh outside of the lock coverage was within the guidelines so can Canad take a look at that drawing because I'm looking at the drawing it shows um five open but I guess when we calculated that day it was four we came up with considering that the uh surveys uncale so it could be possibly off a little bit depending on how he did the scale and how we measur it okay okay any other questions than okay you can have a seat sir yes thank you uh as a reminder each let's see do any we have any speaker speaker questions is there anyone in the audience who has not yet fill out a speaker anyone in the audience anyone I CL the public hearing bring the it back to the discussion is there a motion I make a motion to approve boa number 24-10 has met all the conditions outl section 34286 development okay is there a second second okay second discussion yeah a lot I was want to say if we're wrong and you can meet the five um as long as you show it on the as surve when it's done you should be able to do yeah I I I don't think that's problem yeah you'll have to do if he say he be able to do five inste of four should be okay we can amend to approve the five instead of the four I think we got the motion so let's see where the motion goes uh I'm okay with four I think that um it seems to me that it's what the so I'm open any other discussion no okay we have a roll call V please Jeff TR yes Matt M yes curly yes your requests for very thank you so much okay is there a planning department report um the comp plan was at the uh Planning Commission last night and they um that they um um gu give us some advice to add a couple things in for the schools and stuff so we'll be back with the plan the comp plan back in May 20th 22 now they'll go back to the plan commission and then our next meeting is on uh May 21st and we have two items okay thank you courtesy to floor to visitors okay there you Gove to Mo second all favor all right good job