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Good evening. Welcome to the October 2025 Simino County Board of Adjustment meeting. Uh before I go through the chairman's opening statement, I just want to make a quick statement uh to our larger community. We lost a great man, Larry Dale, passing and if any of his friends or family are present or
watching on TV, our hearts go out to them. He was he was a great man and he'll be missed. Moving on to our meeting tonight. For those of you in the audience who have not attended one of these meetings before, uh, let me just briefly share with you our normal procedures. Uh, as we move down the
agenda, staff will introduce each item for consideration. If you'd like to speak on, for, or against a matter and you're not the applicant, there are forms out in the lobby uh, that you will need to fill out before you can speak. And after you fill it out, please hand it to the clerk. The applicant and the
applicant supporters and council will be heard first. Those in opposition to the request will be heard next. If necessary, the applicant will be given a chance for rebuttal. Comment should be restricted to the pertinent zoning and land use matter before the board
tonight. Homeowners association issues are irrelevant to what we're doing tonight. How people get along with each other or don't like each other is irrelevant to what we're discussing tonight. So, let's keep it business-like. Uh, if you are an individual and you're not the applicant, you will have three minutes for your
comments. And if you're speaking on behalf of a group, you'll have six minutes. Uh and speakers should move closer to the podium when the item is being presented by staff. Uh also speakers should identify themselves clearly and we will need your
uh home address for the record. Don't be surprised. We may ask questions of staff or of any person who comes up to speak. That's just part of it. Uh but nobody else may ask questions. Information that you might want to share. uh we have a viewer over there uh will be kept as
part of the record. If you've got something on a digital device, we can accommodate that. Uh but we uh ask you do us do please send us copies of that after the meeting. Uh I'll then ask the motion ask the board for a motion. Once a motion has been made and seconded.
Discussion from the floor will be closed. Following board discussion, a vote will be taken. During voting, board members who do not cast objecting motions are deemed to have voted in support of the motion. And lastly, if you are not happy with the decision of
this board, heaven forend, uh there is a process to appeal it to the board of county commissioners and after the meeting staff can help you with that process. So, having said that, number one, please. >> Number one, Kathy Hamill development services. I'm presenting item number one. It is a request to allow a swimming
pool to be placed in a front yard and to project 8 ft in front of the principal residence at 601 Lakeshore Drive located in the Oakland Shore subdivision. The property is a corner lot in which there are two front yards that abut the roadway. The pool meets the 25- ft front
yard setbacks along Lakeshore Drive and Magnolia Drive, but extends 8 ft beyond the principal structure. Our code section 30.7.2.4 for prohibits pools or other accessory structures from being located closer to the front lot line than the principal
structure. This variance is to allow for a pool to be located in the front yard and to extend 8 ft beyond the front of the residence. The home was constructed in 1956 and was orientated on the property as such would not allow a swimming pool
without a variance. The applicants purchased the property in 2005 and this was the only available area on the property to place a pool. Due to this orientation of the home and the current driveway off of Magnolia, it would negate the ability to place a pool in
the side or rear yard. The applicant submitted a permit and was approved to construct a pool. applicants proceeded with the construction but it was stopped when it was discover discovered that the pool was issued in error and the work was stopped.
>> I apologize I just lost my um >> take your time >> was error and the variance would be required to allow the pool in the front yard and to project in front of the home. Staff finds that if the variance is denied it would deprive the applicants of having a pool on their property. a common accessory structure
with all single family residences, especially in Florida. Denial of the variance would result in an unnecessary and undue hardship of the applicants. The applicants would be unable to have a swimming pool and would be left with a partially constructed pool on their property, posing safety issues for the
residents and the surrounding neighborhood. Therefore, staff is recommending approval of the variance and has determined that the request meets the criteria for board approval. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, any questions for staff? >> Mr. Evans,
>> got one quick one. I I know pools are are are always done through setbacks and things like that. Do we also have a minimum lot size that we require for pools? >> No, we do not. >> Okay. It's purely on setbacks. >> Okay. Thank you, >> judge. Any questions?
>> Uh quick question. Madame Clerk, we have in our packet of stuff on this matter uh two petitions. Do we know who submitted those? the applicant. >> Okay. Thank you, ma'am. Uh, with that, the applicant or their representative care to share something?
>> Hi there. If you please share with us your name and address, sir. >> Hi, I'm Robbie Taylor, owner of the house at 601 Lexwood Drive. >> Please. Um, basically we're here today um because obviously uh our backyard is not uh suitable for a swimming pool. So,
we um you know, we're actually the uh pool builder as well. So, we did all of our due diligence and you know, got our setbacks, got our permits, got started on this process, and then um here we are now. So, I'm trying to come here to get
a variance to uh put the pool where it is now. It's mostly in the sideyard. It's not I mean, it's a little going out in the front yard a little bit, but it's mostly in the sidey yard. Um and um you know we're just trying to get a pool. So um we have support of a lot of our
neighbors. You know, we discussed this with our neighbors about um putting this pool in. Um there's not going to be any issues with uh you know, I got some uh um stuff on my thumb drive, but um the pool's going to be shaded by like a
fence or some kind of foliage to basically hide it. So that's not going to be an issue of um you know s uh me sitting outside in my bathing suit. Um nobody's going to really see that. So um that's the idea. We want our privacy. So
um we're definitely going to have something that's going to be blocking it. Um, I'll just kind of put this one out that there is a, you know, people do put pools and hardscapes around, uh, in the front yards and the sideyards to kind of show you like what a, you know, like something ours would be having the
bushes around it. And, um, and basically for the drainage, um, we do have a, uh, drainage system in the pool that's for an overflow that's not going to obviously drain into the streets. It's going to drain into our side uh, retaining ditch. um which basically will
not uh inh um affect anybody in the neighborhood because of the um the flooding. Um sorry I'm not used to doing this so taking you're you're fine. >> All right. Um so basically I know some of the issues was uh people didn't want
to see the pool. So as you can see we basically our drainage system for our house basically goes into a draining ditch like right on the side of Magnolia. So, if the pool um uh drainage system is going to basically drain it into that ditch, so there's not going to be any issues with that. Um as we keep
kind of going, uh my neighborh next to us on Magnolia is somehow the water went in the driveway. It's going to go in his retaining ditch and go out into the lake like the rest of them do. Um even um across the street, the water is not
going to be flooding or anywhere near their property. Um because we took that precautionary matter to make sure that doesn't happen. Um uh >> the pictures of the house. >> Oh, we
just like the front of our yard. Um we have some photos of the front of yard where you're not even going to be able to see the pool. Like this one. I know the c uh the people across the street are worried about the view. As you can see that you're not even you can't even see a pool under construction from those
views. So we basically don't even have the full landscape around it. So it's definitely not going to be viewable for anybody that's walking by who lives near us or anything like that. So that's was definitely one of our reasons why, you know, we wanted to we had no choice to
put it where we put it. But I do uh we'll basically put landscaping around it so nobody can see us. Um so we were issued a permit. We moved forward and now we're kind of stuck. Um I got uh you know open holes around my yard. My my
house is kind of caving in a couple of areas from the rain. Uh it's pretty dangerous you know um having people come over because of the the the wash out. So, we're just concerned about safety and um making sure nobody gets hurt on our property. We would like to move
forward and, you know, try to get this pool shot and so I can get this yard cleaned up. Um, as you can see, like the only way to really see it was from a drone shot. So, hopefully no one's going to be flying any drones over us um while we're hanging out in our swimming pool.
So >> so that's like one of the renderings we're could do with uh you know like bushes and landscape. Same there. Uh we have a different couple you know issues um that we're going to address to make sure that we do not uh expose you know
see anybody can see us in the pool and that's one of our number one priorities. So, I have the backing of all my neighbors around me, my left, my right, uh, everybody signed, uh, the petitions allowing us to do the pool. I have overwhelming um, signatures in the
neighborhood. Um, so the people are here are here are my neighbors. They're in our neighborhood and not outside neighborhood. So, um, they're here to support us in, uh, trying to get this resolved. >> Thank you, sir. Gentlemen, questions for
the applicant. Mr. Evans sir, uh, >> quick question and and just to make sure I'm I'm hearing you correctly, >> should it prove to be the the discretion the interest of this board when a motion
is brought, you would be okay with, and I'm talking hypothetically here because I don't know how these gentlemen are going to vote, but you would be okay with the approval being conditioned upon a fence and landscaping to screen. That is definitely going to happen cuz like I said, we don't want to be out in our
swimming pool and be exposed to neighbors or anything like that. We want our privacy just like if my swimming pool is in my backyard. So, that's definitely going to be taken care of. It's definitely going to have a fence, landscape, nice lighting. Um, it's definitely going to be I'm a pool builder, so you know, we build next
level pool, so it's definitely going to be a next level project. So, so when you're a pool builder, everybody asks you what your pool looks like. You know, this is the ideas of what I want to show them that this is what we can do. So, we'll definitely have some nice landscaping around it with a a
nonserough fence. >> Gotcha. Thank you, sir. >> Yes, sir. >> Oh, I'm sorry, Mr. Evans. >> Uh, so that actually is a more of a question for the county attorney. >> Okay. Are we Thank you, sir. >> Go ahead. Um, so I was I was waiting for the discussion, but since you kind of
beat me to it, um, you know, assuming we we decide to move forward with anything like that, uh, making a contingency, is that something that I mean, I I I know we could do it, but I mean, would that would we have to put in um items within
the motion for like it must be XYZ or could we like because that feels tricky. >> Yeah. So whatever whatever recommendation by the board whatever condition established by the board would be by motion and then that would be that would be memorialized in the development
doo. So as a condition for the the variance uh or the the variance is conditioned on x and that would be drafted into the the approval development order. >> Okay. So, you know, assuming there was consensus on the board to to move
forward, you know, it would be contingent on a 8-foot privacy fence, like we would have to be specific to that degree. >> Ideally, yes. Okay. Okay. >> Excuse me. I do think we need to be mindful of the variances for the fence because
>> Sure. Sure. Yeah. >> Right now, they have a 4ft open fence, which is allowed, but a sixoot privacy fence may not meet the setbacks. And that's precisely why I wanted to ask, >> right? We can require an opaque we >> can we can massage language to that beautiful point.
>> But let's let's wait. Let's go ahead and not go too far down there if you forgive me, judge, and get other folks comments and then when we have our motion and we close the floor, but but let's make notes and definitely circle back to that. Um, anyone in the audience here to speak in support of the matter?
Yes, ma'am. Please come on down. Did you have a chance to fill out one of the forms? >> I did. >> All right. Thank you. >> If you'd please share with us uh your name and address. >> Yes. >> My name is Sarah Robinson and I have lived within Oakland Shores neighborhood at 544 Lakeface Circle for nearly 15
years. Oakland Shores is a very familyfriendly and dog walking friendly neighborhood filled with a sense of community. I am one who always finds enjoyment in seeing homeowners improve their home and property.
When I'm coming and going from home or walking my dog, I pass by the Taylor's home at 601 Lakeshore Drive multiple times a day. I've always been impressed with the frequent improvements the Tailor have made to their home and yard over the years. These superb
improvements certainly help the neighborhood keep home values at positive levels. I have confidence that this pool being built in their sideyard will also be constructed with quality, safety, and beauty. But separately, I'm certain they
will desire privacy in this new addition and will install appropriate landscaping and fencing to create and maintain that privacy. I fully support this project and I'm excited for them to complete and enjoy this addition to their property.
>> Thank you, ma'am. Next, I have u forms filled up of folks speaking in support. So, I have Commissioner Heran. Um, thank you. Uh, John Heran, 1612 Wooduct Drive, Winter Springs, Florida.
Um the reason I got involved in this is um uh I have a personal relationship with uh uh the uh the father who used to be my law partner >> um Ed Foley and Lardner. And uh when I
went out to uh to the property the the uh yesterday actually uh Brave the Rains um and this is an older neighborhood. It it it was built in the 1950s.
Um and the the property is is the home kind of sits gully wumpus uh if that's a word uh on the wall. uh on the lot. Um and um basically it's
in the sideyard. Uh the property or the house is is in the back of the lot. Um and probably you can't get approved for a subdivision these days. Uh uh and they have the
small properties and so forth and so on. Um the investment couple hundred,000. Yeah. The investment uh in this pool and and related facilities is a couple hundred,000 in value. Um it's not often
that you have uh a neighborhood uh that has a couple hundred,000 in in an improvement. Uh so I would encourage you uh to uh to grant this variance and uh uh thank you very much.
>> Thank you sir. Next person I have is is Sarah Robinson please. >> Oh that was easy. Uh Carl Hittinger. Thank you. you give us for the record your name and
address, please, sir. >> Carl Hittinger, uh 510 Lakeshore Drive. Um I live Caddy Corner across from the project. Uh good evening, chairman and board members and all my Oakland Shores neighbors as well. Um I've spent about
30 years in in the real estate business. I've owned a couple construction companies. Um and I can unequivocally say what a what a great neighborhood. One of one of Orlando's great neighborhoods. And I'm I'm glad everybody came out tonight to to hash this over. Um as someone who's directly
affected um by this, in fact, probably more than than anybody else in the room because I can see directly over to the project. Um and also having been involved with um Robbie and Melissa Taylor over the years, they just actually just finished a pool for us on
uh my parents' property, which is also in the neighborhood uh right down the road. Um the quality of their their product is is amazing. Um they they always do a very very good job and I have no doubts after Robbie also shared uh the nature of the project uh with me
um as to the as to what it's going to look like when it's done and he was he's very very cognizant about um the impact on the neighbor. So, uh, as someone directly affected, as I said, because I I look right into that sidey yard from from my house, um, they have my full
support and, um, I think you'll find that that they in general have the full support of of most of the neighbors and and certainly most of the neighbors directly surrounding the the property. >> Got Thank you, sir. You're welcome. >> Let me know if you have a question for
any of the speakers, otherwise I'll go through them. >> Okay, sir. I have uh Rick Anderson. >> Hi everyone. Uh my name is Rick Anderson. I live at 621 Lakes Shore. Uh same street but up and around the corner. And um this has been a hub. This has been a hot topic in our
neighborhood. And and uh they call me the mayor because I walk around a lot and I know a lot of people and 99% are on board with this project, including myself. Um, we don't have an HOA and we love it and
there are a lot of things in our neighborhood that need attention and this is not one of them. This is going to be an improvement and I rode up here with a car full of people and I know there's at least nine or 10 people in the audience that live in our neighborhood and they support the
project. Uh, I only know of the plaintiffs that are not in support of the project. So, I'm just here to voice my support. And also, I've uh recommended Next Level Pools for three of my uh best friends in different neighborhoods.
Fantastic work, very professional, and I'm looking forward to seeing the end product. >> If I might, sir. >> Sure. >> Um seeing how we have the mayor and >> Yeah. >> No, every every neighborhood's got a mayor. Absolutely. Uh, looking at in your mind's eye, if you
could think of your larger neighborhood from a from a bird's eye view, >> are there many lots in or houses in your neighborhood who have funky lots setups like this one? >> No. >> Is this fairly inconsistent? >> And yeah, he has he has literally no
backyard. His the position of this house, it would be the um northwest quadrant of the property. Um, you can I mean, I've been back there. There's room for a grill. Uh there's room for some lawnmowers. And you and other than that, you there's no backyard to this house.
Everything is on the east southeast side. So there's no other if it's going to be a swimming pool, it's be on the roof or here. >> Gotcha. Thank you, sir. >> Sure. >> One of the things that comes to mind, >> you have a question for uh >> No, no, I'll wait till we're done.
>> Okay. Okay. Thank you. Anyone else in the audience who would like to speak in support of the matter? Are you uh the applicant also, ma'am? >> I'm also a homeowner. Yes. >> Okay. Have you filled out one of our forms? >> I did. >> Okay, good. It was late. >> If you tell us your name and address, please. >> Yes. Uh Melissa Taylor, 601 Lakeshore
Drive, >> please. >> Okay. Um our lot is unique in our neighborhood. There are only 13 corner lots and ours, our home is set further back than the others. We have a larger side and front yard which would allow us
to have the setbacks to build a swimming pool. As far as setting a precedence, it's not going to be a concern in the neighborhood. And I believe that the board's decision doesn't set precedents. >> Correct. >> As well. So, just um to note that. And I
just wanted to be very clear that you you will not be able to see this pool. You will not even know there's a pool there. there's going to be a fence or or 100% opaque shrubbery if we're not allowed to do a fence. The fence will be closer up to the pool though, so I think
that we may be able to work with the county to do a a higher fence. Um, but of course we will uh listen to the county whatever they tell us about that, but it will be 100% not viewable from we will sign something saying that as a
condition of the permit. We'd be happy to. Uh, we want our privacy as well. Essentially, this will be enclosed, it'll be like an extension of our backyard. Um, due to the topography of our lot and the way it's set, um, our
neighbors across the street who are opposing the variance cannot see where the pool will be from their home. when they walk out of the home, you can see some of the pictures from the slides. Um, when they had Fox 35 News come out, you can see when they're pointing the
camera up, you can't see the pool at all from their home. Um, there also will be um, as I said, shrubbery fencing. It'll be enclosed, so it won't be an issue. Even if they were to walk up to the top of the street, you won't they will not be able to see the pool. They won't have to worry about seeing us outside in our
bathing suits or anything like that. Um we we are going to install an autofill and drain on the pool um to assist with drainage, but again we have significant swailes and drainage ditches um in our neighborhood um to
accommodate any runoff if there were any from the pool. Uh if we had a pool in our backyard, it would still drain over there to the side. So there wouldn't really be any difference there. Um we have the overwhelming support of our neighborhood. I only know of two home
owners in the neighborhood that are opposing. Other than that, we have significant amount of support in our neighborhood. We have such a wonderful neighborhood. Um, this will increase the property value of the home. It's going to be a quality project. Our home right
now is in jeopardy. The way this the way the pool is dug, it's right up against the foundation of our house. Our home is exposed. We have a large hole with rebar sticking up and um to even get in our house it's starting to from the rains
it's starting to cave in. It's a danger. We have you know delivery people. We have our dog. We have neighbors coming in our yard. Um it is screened off with the construction fencing of course but you know that's a safety fence that's still a major open hole in our yard. We're concerned about storms coming
through. We're concerned about our home. Um we're just, you know, we acted in good faith on a permit and getting started. We have a lot of money in invested already and we're just really hopeful that we can um obtain a variant so that we can move forward. Thank you very much.
>> Thank you, ma'am. >> We're now going to move on to those speaking in opposition. Um we have a member of the bar here, Mr. Sabatini. Would you would you like to go first? >> Yes, sir. >> All right. Before Mr. Sabatini speaks. Just for the record, I just want to uh
state that um myself as well as this board in receipt of Mr. Sabatini's letter via email. Um >> just just wanted to state that for the record. >> Okay. Yeah. I just I'm seeing it for the first time tonight, but thank you. >> Yes, sir. Please, >> gentlemen. Good to see you. Anthony Sabatini,
represent Mr. Jason White, uh one of the neighbors, uh who respectfully respectfully opposes the project. I think everybody loves to see a nice pool. The only problem is qualitatively he has a really really really close shot of the pool. Uh there's been a few news articles on this in the last couple
days. Fox 35 did a special on it. Uh you're exactly right uh Mr. Chairman. It it is not a legal precedent if you pass this. But what it is is it's sort of a qualitative mental precedent. There are plenty of parcels where people would say, "Hey, I can get a bit bigger and better pool if I move it to the side or
the front of the house." And so they're going to be more willing to come before the board and ask for that. And it's harder for a board to say no when they've done it for a very special neighborhood. And there are many good very special neighborhoods in which people will come forward and apply for. I've outlined a legal memo. We think
legally um you know this is a project that should be denied. But really it comes down to the subjective um feeling of leaving the house across the street in which this pool will be apparent every single day. Um, if anything,
obviously we're requesting that you vote no, but if anything, please table the item to get a more full factual inquiry done in regards to how this pool will affect one of the neighbors because even if it's just one or two neighbors who are opposed to it, and of course there's
at least three here tonight that I represent, but if it's just two, that's a pretty significant effect on their daily experience, their lived experience coming out that front yard each and every single day. And so by tableabling it and going and looking and seeing how it feels each day when they leave their
house could make the decision. Again, we respectfully oppose the project. I don't think it's anything, you know, we totally sympathize with anybody that wants a bigger and better pool. Uh and there's a few other things about the parcel which I think go cut really against the argument that it's really a
hardship property. There is a 16 uh square foot more than that 16 by 8 I believe porch in the backyard. If that porch was modified, I believe that a pool could easily adequately take place in the backyard. Uh if that didn't happen, it would be the only property
with a pool in the front yard, not just in the neighborhood, but really quite literally in as far as we know in this whole part of the county. Uh and it could obviously start a precedent of applications going forward. Uh that's something that's very significant. Uh, I think that this board should really, you know, obviously I trust that you'll do
your due diligence and look to see how unique of a move that would be in putting the uh, the pool in the front yard. And then secondly, we'd really push back against uh, this argument that it's really just on the side of the house. Yes, some of the pool is in the side of the house, but there is a large portion uh, that is viewable from the
front. and uh some of the speakers who come in before after me because I'll be very brief finishing up here. We'll show some of the photos of what it's like uh viewing it from certain angles and and how unique I think it would be for this to uh to receive a variance because I' I've never seen anything like it myself.
If you have any questions, I'll yield. If not, uh we have some other speakers. M >> you have a few questions. Yes, sir. Um >> as as as you could before a member of the Florida Bar representing people, we're going to hold you to maybe a different standard. At least I will. >> That's fine with me. Yes, sir. You you mentioned the idea of
tableabling it to do more factf finding. >> Yes, sir. >> You're here representing somebody in a quasi judicial hearing. Give me facts. >> What what facts? >> Mr. What facts? >> The top three that I would say. Number one, the photos that you'll witness and
that were sent to you that show a physical image of it being a bit invasive for somebody who's in their front yard. If you're sitting in your front yard, you know, having your morning coffee and there is people swimming, we would push back against the idea that the trees or any of this sort
of and I don't think they were really committed to, but the idea is that maybe some of these uh some there's possibly a screen that could be built that takes away the effect of a pool in the front yard. I think it's going to be very viewable. I mean, that's the number one fact. The number two fact I would say is
that porch in the backyard that was constructed that could easily be modified to build a larger pool in the backyard. Those are the >> if they modified that porch, how many square how many net buildable square feet would be available in the backyard? >> The map I saw showed at least 16 foot in length on one side.
>> Okay. Yes. >> So, so if you I'm I'm asking you as as a person making this point, how many net buildable square feet will be available in the backyard? >> I don't have the exact number right now. >> Right. because you're you're the person making the suggestion, >> you know, and if that's something you
want us to hang our hat on, you should tell me how many square feet that is. >> Absolutely. Because then we can off >> Unfortunately, I can't get it down to a foot or an inch, but we do know that the porch is there. It is, I believe, on the site plan. And clearly, >> is it your argument that the net whatever the net buildable area is, if
that's taken down, is sufficient to meet the Seminal County Land Development Code space allotted for a pool? >> If it was a smaller pool, yes, that Mr. Evans asked a great question which is is there something in the code that prevents a smaller pool? The answer my understanding is no and therefore no to answer your question a smaller pool
would be >> but we don't know what those square feet are. I mean the size of no we don't know the exact foot of the square foot. Again the overwhelming point to be made is the qualitative feel for the neighbor viewing a pool in the front yard. That's that's the biggest takeaway here.
>> Two other two other questions and I'll pass it along to the others. in in looking at your your letter of October 27th that was delivered today. >> Yes. Uh just for the record, a phrase that you use repeatedly is the phrase
the front yard and and work with me and share your thoughts on the fact that there isn't the front yard because it's a corner lot. They've got two front yards for purposes of the code. Help me square those two points. Uh, I think any
piece of your yard that's viewable from the front is the front yard. So, I would say it's the front yard. You see it, there's going to be a pool there. It's going to certainly affect the value of another home in the neighborhood. That is just something for you to consider, Mr. Ch. >> Gotcha. So, you're you're you're saying front yard in the sense of traditional front yards, not how the Seminal County
Land Development Code says a quarter lot has two front yards. >> A front yard in the the mind of the average person, how they understand it. Yes, that's correct. >> Gotcha. And then in your third paragraph on page two of your letter, you discuss other similarly situated lots in the area. U I think staff might be able to
pull up a map there, but can you do you have the ability to point to some of those lots you're referring to? >> I would say Mr. White's yard. Is that what you mean? >> No, sir. You say um uh literal enforcement would deprive rights common to other properties. Literal enforcement of the code would not deprive the
applicant of rights commonly enjoyed by other properties. other similarly situated lots in the area maintain pools on and on and on. If you could, we've got a map there. Can you show me which ones you're referring to? >> Uh, well, here's what I would say. Here's what I would tell you. The owner
of the lot who's before you today, the applicant did express to people in the neighborhood that he was under the impression this was not a lot that was suitable for a pool. That's unique. That that makes it a unique situation and I think that's something that should be very strongly considered. Correct. I I hear what you're saying, but I think the
answer to my question is no. >> Thank you for interpreting it that way. Well, I mean, I think we've made I think we've made our argument respectfully. >> All right. >> It's it's all about the feel of the neighborhood. We think the feel is going to change. I don't think it's I think it's very difficult for anyone to look at this and say this is going to feel like a very different neighborhood.
Again, we respectfully oppose the project. >> So, gentlemen, any other questions? My concern is uh the main objection is a pool that would be in the back cannot be placed in the front and that's the exception they're seeking.
Are there any limitations in terms of measurements or distance or anything else? >> It's the I mean primarily we're here because of the setback. That is really the the the thing that prompted the hearing is that they want to go I believe 8t into the setback. That is that's the actual issue that we take the
most concern with because you're going into a setback with a larger pool that's viewable from the street. >> And the pictures that were shown by the owner pretty much showed that there was a barricade with trees and fences and
other things. Would they not make a difference in the view of the neighbors? >> Well, two thoughts on that. one, you've seen some photos which I believe u are possibly some of the best photos you can take from that from that angle. And of course, there's different angles you're going to get. Uh there are three other speakers here today. One of which has
photos, some photos were already sent to the board that show and of course I would also point you to the Fox News report which I think does show views that would qualitatively change the experience of living in the neighborhood in a negative way. Uh but second of all, what I would say is that a smaller pool
is possibly buildable in the backyard. There is nothing in the code that prevents a smaller pool that would not be again uniquely positioned neighborhood or the only front lawn and pool. And that's why it that's the only reason he opposes it. Mr. >> You're proposing a limitation of the use
of the owner's property. >> Uh I I believe it's actually the opposite. The owner is actually asking for variance from what the code is. >> By saying they can build a smaller pool in the back, you are now taking away the possible privilege with the exceptions
of having a larger >> to be very excuse me. >> Yes. >> I was a lawyer myself, so I understand the urge to talk >> when somebody else is talking. it. So Mike, as I said, smaller in the back,
larger in the front, but you want you want to limit his ability to have a larger pool if the decor and if others and safety was mentioned and issues and I have not heard anybody speak to that something about their dogs and safe, but
I don't know what the all the dogs are doing in the pool anyway than walking down the street. So, uh, but that's my concern. Well, if I could answer it, uh I I don't represent anyone who's asking for an exception or a reduction of the
rights uh that a person is given under the code currently under the law. Uh we're simply asking that the code be upheld. Uh variance board of course asking for a variance from the code which makes sense in some situations. Our argument doesn't make sense in this situation. That's it. >> Your honor,
>> ever since I've been here, seems like everything we do is dealing with exceptions to the code. So, it's not unique that we're here in an exception and that's what we're considering and the impact of granting that
exception to the other neighbors and one was mentioned drinking my cough in the morning having to look at a pool and the pictures that he showed shows a complete barricade of bushes and trees and perhaps we could discuss the nature of
how we would protect that view to the the other neighbors. Just a thought and not to dictate what I think. >> Absolutely. I think it's a definitely a fruitful discussion. Uh we don't think and of course this is our first time really right talking about this as a group. My my the applicant I represent
I'm sorry the um petitioner sort of you know complaintant that I represent in this instance uh doesn't know anything about a proposed barricade. I mean is there is it possible to have a proposed barricade? Sure, we would still oppose it. We don't think a barricade is sufficient uh for preserving the quality of the neighborhood. But what I would
say is I believe that what you're referring to is kind of a conceptual drawing. I think actually one of them was I think AI generated which I think is obviously a very good tool but we don't know how accurate that would really be. We would oppose it for for for various for at least that reason. Also the height restriction that was
brought up. I don't think that you can bring it as high as is necessary in order to really shield the the visual. >> All right. But but the barricade, the trees, the shrubbery, the fences are not part of the application.
>> Not it's not a formal part of the application. >> We can make it a we can make it a a condition of approval >> and probably phrase it like in a way that meets a land development code. >> We have in the past. Okay, >> that answers my question. >> Mr. Evans.
>> No, I'm still >> Thank you, sir. >> Thank you very much. I have the next form I have of folks speaking in opposition to the matter is Shelby Maddox. Miss Maddox, if you could give us your address for the record, please. >> Hi, I'm Shelby Maddox. I'm at 627
Magnolia Drive. I live just a few houses down from the Taylor's three to be exact. and I'm on one of those rare similarly situated lots um that is with our house positioned in a very odd placement on our yard. Um my home along
is on a four-way stop along with three others that are also situated very similarly on our property. If this is approved, what is stopping myself or any of my similar neighbors in similar situations from seeking similar variances in the future? I I know they
have intentions of hardscaping with the plants and the the barricade that was just mentioned. Um but what does that look like in the future? I know their intention is to grow them, to love them and care for them, but what will happen to those plants? What will those look like in 5 years and 10 years? Um if
they're here and we're all still here in 20 years, is that still going to be there? Are they going to have withered away and we're going to see their their pool? Um, also the idea of the house being barricaded, that the image that brought to my mind just now was not a
great one. I have young kids that live, as I said, in the neighborhood. It's a great family neighborhood. We've lived there for 13 years now. And uh, I was concerned. My first in the first reaction I had when I heard about this pool was the safety of my kids. Are they going to see the pool? Are they going to
want to get through that fence? Is the fence wide enough that they could fit through it? Can they reach their hand around and unlatch the gate and just walk right in? I don't I hope not. I hope I've taught my kids well and trained them to follow rules and procedures. Uh but I just don't know
that that was the first instinct that I had. Um so I oppose this variance and I uh respectfully oppose it and hope that you do as well for those reasons. Thank you. >> Thank you. Ma'am, >> have a question for >> Oh, sir. Judge, >> in response to your children reaching
through the gate and unlocking it and the hazard that may exist in that regard of your children not following your dictates and instructions, when they turn 16, are you going to give them a key to a car to drive? >> I I will. Yes, sir. >> Okay. >> I I I agree. >> That's my case.
>> I agree. I hope that I train them and I hope that other families also teach their kids those things, but >> the best you could do. >> It is a concern. >> Thank you, ma'am. I have one question. >> Oh, I'm sorry, sir. You're you're not done yet. Sorry. >> No, no, you're totally fine. Um, so kind of to piggyback on on his, you know, the
you mentioned u the fear of your children going through the gate, an attractive nuisance. May I presume that you feel this might be more of a concern because it's in the front yard versus the rear? >> 100%. >> Okay. What would stop your child from
going into a rear gate at this point to go into a pool because they know it's there? In in my experience, um most pools in the backyard are have privacy fences, right? For those reasons that they want to barricade their pool. Um they want that privacy and therefore my kids don't see it. They don't have the
access or other similar kids in the neighborhood. >> Okay. >> Thank you, ma'am. >> For sure this time. The next person I have is Jason White and next will be Nikki White. All right,
just give you a heads up. >> Yes, sir. If you choose your address, please. >> Uh Jason White, 512 Lakeshore Drive. I live directly across from the applicant. Downhill >> from the applicant. All right. Good evening, board members. My name is Jason White. I live reside at 512 Lakes Shore
Drive, directly across the street from the and downhill from the applicant's property. Our primary concern with this variance request is flooding. The proposed pool and deck would add over,200 square feet of non-pervious surf surface which will significantly
increase storm water runoff towards our property. We already experienced drainage challenges in Simol County has previously had to redesign our driveway, add swailes and enlarge storm drains to manage the water flow. Even with those improvements, we continue to experience flooding after heavy rains. I'm very
concerned that this additional impervious area will worsen those conditions and potentially lead to flooding inside our home. We're also concerned about the aesthetics, our neighborhood character from our front yard, front porch, and even our dining room table. We'd have a
clear view of this proposed pool. This would essentially turn our view into someone's backyard, diminishing the appearance and the harmony of our street. In addition, according to realtor.com, a neighboring property that is considered a eyesore or that fails to meet zoning standards could reduce
surrounding property values 15 to 25%. Even using this lowering lower figure of 15% that potential loss and value is significantly greater than what the applicant is has invested in this pool project. This variance if approved could therefore cause measurable financial
harm to the adjacent homeowners. Lastly, the applicant is a professional pool contractor who should be fully aware of all zoning setbacks. In fact, he has previously previously commented to me that he was unable to build a pool on his lot due to these setbacks.
Um, sorry, uh, setback limitation. This is not a case of a homeowner hiring a contractor, being told the project was possible, and only later discovering it violated zoning rules. This pool contractor, who knows the regulations, and is now
attempting to push a pool through in his front yard despite those restrictions. For these reasons, I respectfully ask the board to deny this variance, request the project, request to protect the neighboring properties, preserve the neighborhood character, and prevent further flooding
impacts. Thank you for your consideration. Mr. White, just quick question that popped in my head is you were discussing um adding additional impervious surfaces, >> which is a fair point, >> but then if we look at the totality of the project, doesn't the pool itself act
as a bit of a small retention pond? >> No. It's going to be full water. How's it going to have any water capacity >> to the top? >> No. Think of a pool, the water line's like 4 in under the top of the pool. So, you might have a couple hundred gallons of capacity. >> There we go. Well, I guess I guess I
mean like we had rains last night. Luckily, last night I was in I was out in the middle of the night, cleared my drain in my driveway. You know, Lake County, Bvard got 14 inches. I think we only got 1.7 in, but I still had to go out there and clear my drain because everything flows down. You see the
pictures of my house. I'm down a big hill. It was designed in 1950. It was out of our control. >> It's down a hill. All the water down Magnolia flows down Magnolia like a river down our driveway. and this uh roads and bridge went out there had to redesign my whole driveway and there's
work orders proving that stuff that with the county. >> I I believe it. Absolutely. Gentlemen, any questions for Mr. White? >> Well, my concern was talking about he was looking at somebody's backyard >> uh in the front yard. Yes, >> sir. But the the nature of the foliage,
the plants, whatever they build to block is is >> that's a point hasn't going to be like they were in you're looking out their backyard anyway, except it's their front yard. And as the chairman mentioned, we can certainly address exceptions or concerns for uh
>> well, another concern that wasn't brought up yet is um on the plans, the pool's elevated 24 in above the ground. So, it's sitting on a pedestal 24 in. So that's why you can't see it now. And there's a construction fence around the house. Why? How can I see? How are we going to see the pool when there's construction netting around the fence?
Like the pictures that are shown, that black netting. Of course, you can't see the pool because there's construction netting. So, and the pool's going to be raised 24 in above the ground. So, you raise that 24 in above the ground. Now, somebody six foot standing on them standing on there is going to be 8 foot up. How big is this fence going to be?
It's going to like block the view from my house. >> Mr. Wait, let me pick up on something you said. Uh, Miss Hamilton, and I'm sorry if this is an unfair question to catch you flatfooted. >> Is that accurate that this pool deck will be 20 will be 24 in above grade? >> I can't confirm that. So,
>> okay. We >> We'll have to rebut. >> We said the plan is clearly stated. We highlighted on the next my wife's speaking. She has it highlighted. It's 24 in above grade. >> Gotcha. >> Yep. And it's not a regular pool. I got like said, I'd be understanding if somebody want our time limit. Sorry.
Sorry. Um, but thank you for your time. Unless Mr. Evans, you had a question. a second. >> Thank you, sir. >> All right. Thank you. >> We'll let y'all tag team to uh to Mrs. White. >> Mr. Mullins, you're next. >> Hi there. Would you share with us, please your name and address for the record, please? >> Yes. My name is Nikki White. I live at
512 Lakeshore Drive. Um I have an extra copy if you guys wanted to see that. Um, there's actually two copies. >> Is that speaker on? May I use that one? >> Yes, ma'am. [Music]
>> Thank you. I believe installing an a pool in the front yard would significantly alter the visual character of our of our street and our neighborhood. From our perspective, it would feel like we were continuously looking into someone's
private backyard. Front yards are typically open landscape spaces that can contribute to the curb curb appeal and unifi and unify our community. Our property is approximately 6 feet
below the applicant and we have already experienced challenges of rainoff water running into our garage and flooding it. The addition of the twofoot I'm sorry them talking behind me and we've already received a message from their daughter
that was threatening is >> really let's not go into that but please let's let's be treat other people as we want to be treated >> take your time >> sorry approximately we're six feet down from the applicant
And we have already experienc I've already read that. I'm sorry. The addition of the twoft elevated 55 square f foot pool and approximately 700 square ft of imperous pool deck that wasn't
shown on the plans would enhance the issue and increase the risk of erosion, flooding, or water intrusion on our property and home. Granting this variance could open the door for similar requests throughout the
neighborhood and beyond the community. It may weaken the integrity of the zoning regulations designed to prevent to preserve the neighborhood's characteristics and protect our property value. Once a
variance of this nature is approved, it becomes more difficult to deny future applicants. Our neighborhood does not have an HOA, and we rely on our building department and our appointed officials to maintain
the standards that have been set in place. a highly visible resortstyle pool. Not just a pool that everybody wishes to have, but one with additional features such as a 7foot cascading wall,
two sunshelves seems a little extreme and feel more like a community pool. It could become a visual draw for children and pass buyers increased increasing the risk of trespassers or accidents.
Unlike rear yards, front yards are typically enclosed or private, making it more difficult. This would make it being in the front yard more difficult to secure it and ensure safety. >> Mrs. White, I can give you one more minute.
>> Thank you. We are concerned also that this pool is being built as a showcase piece for their business rather than a private residential use. If this is the case, it would increase commercial activity in
our residential area. Per the zoning, a pool is not allowed in the front yard. This is a corner lot and considered two front yards. We request that you deny the applicant for this variance and the project moving forward.
>> Thank you, ma'am. Gentlemen, questions for Mrs. White. >> Thank you, ma'am. If you would like to see the pictures of where we were saying that they could put the pool, I'm happy to show them and the square footage. >> We would just need you to please share them with the clerk and then she'll pass them on to us.
>> Okay. It's 225 or 250 square feet that they could put for a poll. >> Thank you, ma'am. Uh Mr. Mullins, >> that one and that. >> Sir, if you could please share your name and address for the record. >> Sure. Charles Mullins, 12834 Upper
Harden Avenue. Sir, >> um I appreciate you guys. I know this is an impossible situation. There's no winners uh in this. There's only losers. And um you know, nobody nobody wants to be the bad guy here. Everybody loses, but there are rules. Um the applicant,
they were aware of the rules before. He's a pool builder. He understands setbacks and things of that nature. Um, so the fact that he's asking for a variance now after, you know, submitting an application that they know would would violate the rules, this isn't just
a regular homeowner who was duped by a pool builder. This is a resident that or homeowner that is a pool builder that knows the rules. And like, if somebody's going to have to lose here, it should be the person who knows the rules and then violated them knowingly, right? It's not fair to everybody else. And I understand
that some people think it's okay, but it's not okay. And there's rules, right? And there is space to to build a pool. It's not that there's not space. And when we talk about like the front yards, and we keep talking about the two front yards, the pool is running alongside their driveway, right? Like, so it's not
that it's it's in one front yard and not the other. It's in both front yards, right? And so it's it's just really unfair when you know they're a professional pool builder and they bought this house knowing what the lot configuration was, right? And we all buy
homes and we make we make um there's pluses and minuses when we pay for something, right? And when you buy it and you know that there's not capacity for a pool, you buy it knowing that. So, it's unfair to now having a professional pool builder come in here, want to build a pool that violates the rules, having
purchased a house they knew they couldn't put a pool at, although they can put a pool because there is space in the backyard. It's just really unfair to the people who it who it directly affects. And I just I know it's an impossible situation and people have spent money, hard-earned money, and everybody cares about that, right? But
it's not fair for somebody to be able to come in and knowingly violate the rules and then use this forum to say, "Oops, I'm sorry." You know, it was approved when it never should have been approved. And to It's just I don't want to go on and on, but I just leave it at that.
>> Thank you, sir. >> Thanks, gentlemen. Any questions for Mr. Mullins? >> I have um Ashley Willis, please. And then Shelby Maddox. No, we we did Shelby Maddox already, right? >> All right. My name is Ashley Willis. I'm
at 1765 Via Contessa. Um I visit I'm friends with 512 North Shore Lake Shore, sorry, the Whites. Um I visit their home quite often. Our kids have been friends since they've been 18 years old. Um I do believe their street is already, in my personal opinion, I have a larger car.
It's already difficult to navigate. if you put up this extreme foliage because of the way their corner lot is. When I exit the Whites driveway, I don't know if you can see it. It has quite a slant up and down due to the water um drainage. I usually have to do a
three-point turn out of their driveway and it's very difficult to see when you're going to turn to the corner lot of the Taylor's home um to navigate. I've, you know, there are kids coming by on bikes. I wouldn't want any foliage or obstructive views to actually um hinder
that view already. It's already very difficult, as I said, to navigate. Um, and I do believe pools belong in the backyard. I have a neighbor that has a pool and I hear them. They have kids, they have teenagers, they have dogs, right? We all want that luxury, but their pool is in sort of backs up to my
backyard, right? And there's noise all hours of the night. You don't want that at your front door, right? Because you can make everything pretty. You can do um whatever foliage you want, but when you hear that noise at your front door um 9:00, 9:00 p.m. at night, 9:00 a.m. in the morning, it sounds a little
differently. So, I do believe that pools belong in backyards for not only privacy, but also for noise. >> Thank you, ma'am. >> Yeah. >> Any questions? >> Anything else? >> Right. >> Thank you, ma'am. Appreciate it. >> My apologies. Have we done Shelby
Maddox? >> Maddox. Shelby. Um All right. Uh, anyone else in the audience to speak in opposition to the matter? Seeing none, uh, I'll allow the applicant uh, some time for a rebuttal if you'd like. >> Absolutely.
>> Can we both come up? >> Can we both come up? >> Oh, yes, please. Yes. >> Okay. Um, regarding the seeing the pool, the visual, I think we've made that clear that we're happy to work with the county and make it a condition of moving forward with permit. We're happy to do
whatever kind of barrier is appropriate, a fence, a bushes, both. Um, the hedges along the edge is fine. Um, >> as of right now, we do have a a a certified aluminum fence that surrounds the front yard anyway right now. So, as
Shelby was saying about her kids possibly coming to our house, we do have the measurements of the 54 in for the the lock. I mean, once the pool gets built right now, yes, there's a construction site. So, we do have it kind of mashed off because I do respect
my neighbors and we're trying to build this without showing them such a mess. But now, we've been delayed. So, I do respect them and we're trying to, hey, we don't want you to see our mess. So, I did put up some of the stuff to kind of hide it, but still going to have
foliage. They still cannot see the pool from their front yard. Now, as you saw from the pictures that we've already sent, u saying my lai in the backyard is for a pool. So, am I just supposed to open my back door and walk right into a pool? Like there's that's my lai.
There's not enough room for a pool back there. So, that roof in area is like basically, you know, as soon as we walk out the door, that's where we, you know, have our grill and stuff like that. Either way, there's no way I can put a pool there. There's not enough room. And
regarding the these setbacks and us knowingly put trying to put a I think they said we knowingly tried to put a pool past the county. Um when we build a pool in any jurisdiction, we call the jurisdiction and we ask for setbacks and restrictions. We did that in this case.
Then we had our pool engineered and we submitted for permitting. It's a double check and balance because we ask for the setbacks and then we submit to permitting for review. We would never know we're professionals. We would never do that and our daughter certainly would never threaten anyone. That is ridiculous. Um
>> we don't we don't >> I understand. I'm sorry. She just brought it up so I had to um that so we did everything by the book. We didn't do anything wrong here. We did not do anything wrong and we have this massive hole in our yard and all this money we put in and it's dangerous and our home is in jeopardy. This is right up against
for our right up against our foundation and we are happy to put up whatever barriers we will sign. We'll do it, but we're for visual. >> Plus, this is not going to be a show. I'm not bringing people to our house to show them our pool. >> This is our personal pool.
>> You know, it's not a commercial pool that's going to have people just driving by, stopping and looking at our stuff. I'm not going to have signs out there with our name on it like, "Hey, next level pools and spa party day." You know, that's not how it is. We're respectable homeowners and um you know
we basically uh did everything by the book like we said and um >> I I mean you can see by the sheer amount of signatures we have and letters we have in our neighborhood. We have the support of our neighborhood. There are only two homes that are against us on this. >> Gentlemen, do you have questions for the
applicant? Can we see that early picture that you showed >> from the house and the >> with the with the uh with the silt screen up there? It's kind of the construction black silt screen. That one >> with the showing the improvements we would do with the fence and the bushes
showing how it would be. >> Is that Keep going. Keep going. >> I'm looking at the same house or different house. >> Threw me off. Yeah, that was that was an exemplar >> going from Fox 35 like >> you can't see >> back to the >> There was a picture of the front of the house with like
>> the AI that covered the >> It's cool studio. It's not AI. It's our it's what we used to draw. >> Oh yeah, there we go. Yep. There we go. So you can see >> it's not against the fence. So it's not going to cause like mealis was worried about the the traffic to see around it.
It's going to be up against the uh near the pool area so as not to be a concern for people going around the corner. >> They're not going to have an issue. >> We'll also have floating alarms where we'll make it very safe. >> As far as the view goes, that that type
of fence is not going to stop the neighbors from seeing it. But the investment into >> We do have one. It's like more of a >> There you go. >> Yeah. that one. There it is. >> That's what it would look like.
>> That's a big investment in in the vegetation. >> Absolutely. >> Yes. >> And that's what we're like. The pool's not finished. I don't I don't have 700 ft of deck either. It's all going to be uh sawed around my pool. My pool is 18 in above ground on the driveway side.
And as my yard slopes, it does get to 24. But I do have a vanishing edge part where it comes back towards it. And that's where we're going to have our um the water if it um our drainage. So the pool's never going to overflow. We're gonna have a drainage line going out to
the ditch. So if it rains, you know, two two days straight, it's never going to get above my tile because basically we have a drainage for that. So that's one thing that's never going to happen is the pool's never going to overflow. >> Answer your question, Judge.
>> Yeah. Yeah. It helps me understand. who we might want to require as far as if we decide to grant it. >> Mr. Evans. >> Yeah. So, um you know, just to to confirm, you know, and clarify just because some of the questions were brought up as kind of an attractive nuisance. >> Sure.
>> The the pool will be fully enclosed with a locking gate. >> It is. Yes. Our loted right now. I do have a fence up now, aluminum fence that surrounds the my front yard and sideyard already. So, where the pool's going in the sideyard, that's already protected.
Um the fence is down now obviously because you know we started this project and uh once it's put back up it's just going to be like hypothetically like a commercial pool you know 54 in latches and I understand that one of the I think Shelby was worried about her children
that is not going to be an issue. I know they have a a person that lives right next door to them with the pool that doesn't have a wooden fence and you know that's like literally right next door to them. They uh their corner lot, there's two other corner lots, but they both already have pools. Their corner lot
doesn't have the 25 ft setback like we we have room where ours is. They wouldn't have enough room to put a pool there. So, in our neighborhood, our lot is like the only unique lot that we can do that. >> I never told anybody that I didn't I
wasn't able to put a pool in in my yard. Um as a pool builder, you know, >> except the backyard. >> Yeah. like in the backyard there's no room for a pool. So, >> is this going to be have a screened o around the pool as well as your shrubberies?
>> Yes. So, we have the we already have kind of like landscaping now. You can see one of the videos. >> We got the landscaping on the outside which protects the neighbors from having to look at your pool. >> Sure. >> But the second thing and safety of the children I never take away from that. That's always an issue. >> Absolutely.
>> The question is are you going to have a screened in over the pool as well? A screen enclosure over the pool. Yes. Oh, no. No. It's open pool. >> But we will have floating alarms in the pool and the spa per my question. The answer is no. >> I plan on discreeting the pool. >> Yes. No screen. We're not doing any kind
of decking. Like I said, it's the pool. Then around the pool is all sod. We want to, you know, um we don't really need decking. So, we're going to put some nice landscaping in and some nice sod and so we don't have to have any uh >> But the sod doesn't protect the children from falling in
>> as a as a >> Oh, no. Yeah. >> Yes. We Yes. We our our outside fence right now is up to code for a pool. Uh the inside fence what we could put up would be basically just hide it from the neighbors and anybody driving by.
>> Again, do you understand my question? is the secondary issue in regards to safety. Yes, sir. >> And the pool enclosure, the uh screens and so forth would be I think in my opinion would be would add to the safety. >> Absolutely.
>> The concerns of of I heard a neighbor say >> you got the view and you got the safety. Okay. >> Well, definitely got to do the safety. That's you know, we're professionals. We know that's a big thing for trust, we don't want any children getting in our yard that's not supposed to. our neighbors across the street. I have a
little daughter that's going to be like our number one priority is swimming in this pool, having her birthday parties, having I mean, it's definitely going to be protected no matter what from any outdoor uh any indoor people coming in from the outside, children, adults, anybody. They're not going to basically
get into our pool. >> We have adults that struggle to get in our gates right now. They're not easy to open and they're high. So, >> Amazon throws their packages in my yard cuz they can't even get in >> and it's going to be more protected than that. So, >> let me ask you this as as a last question and and then um then we'll go
ahead and close up the floor >> is Mr. Mrs. Taylor your response to the comment that being pool professionals >> as you had said a few moments ago as professionals and I take you as professionals >> that you should be held to a higher
standard. I mean I understand the consequences of the unfortunate mistake by the building department. These things happen sometimes and I'm sorry you guys are dealing with that, but still that that that you should be held to a higher standard as to what you're applying for, what you're hoping to do, especially
when you purchase a property as compared to the average citizen. >> What a Yes, >> we lived there for 20 years. Unfortunately, we didn't anticipate 20 years ago 20 years ago. >> Yes. That we would want a pool. But >> but I'm glad to hear I did not know that
you you'd been there for 20 years. >> Yes. Yes, we've been we've been there for a very long time and um we do call for setbacks on every lot like in Sim County when we build pools. We call them get the setbacks. We do that. I designed the pools by the setbacks, turned it in
and that's when we got the permit from you guys. Then we basically got the permit and basically after that then we got started. >> We have a double check and balance system. The calling for the setbacks and then submitting for the permitting for the review process. That's how we've always in every jurisdiction to build a
pool. >> Gotcha. Thank you. Thank you for your time. >> Thank you. >> Absolutely. >> With that for your time. >> Certainly. With that, we will close the floor. >> Thank you. >> Uh perhaps what we could do, gentlemen, is entertain a motion and then have a discussion. >> So, the chair will entertain if either of you have a have have a proposed motion.
>> I uh I move to approve the project with discussion. Um because I do think we will need to discuss at least from my motion I I believe it has to be contingent upon a locking mechanism for the outside fence
and for uh abatement for the visual. Um so motion to approve. Am I allowed to open it just for discussion on that or do I have to >> you you'll make your you'll make your motion and then we'll have a discussion. >> All right then. And and if you could maybe do me a favor as I'm taking notes. I hear a motion to approve contingent on
a locking mechanism and visual abatement. Would would I be understanding you fairly to say visual abatement >> meaning fencing >> to the to that which complies with the land development? >> Of course. Yes. >> And I would have added on.
>> Do we judge? Do you have a second? >> Second. >> We have a second. Okay. >> Uh the safety and the viewing and so forth. >> Mr. Driven, it's your motion. Let's hear your thoughts. >> Yeah. Um, this is definitely one of the weirder projects that have come before
me since I've been on this board. Um, which is lesser times than than both of these sers. But for me, I mean, this is a very unique home. Um, particularly on its its situation. I mean, I'm a realtor professional. Like, I don't see homes
that have a zero lot line on the northern border. Um, and if I did, they are definitely not built within the last three decades. Um, so this really truly I mean, you know, I I put a a patio in my backyard that was
250 ft and I put a hot tub on it. It was an eightp person hot tub, a gigantic hot tub. >> You never invited me over. It broke before I was appointed uh by by the commissioner, but um it took up the entire length and
really the entire usage of of this small patio that I had added to my home. And uh for them, I mean, to know that they only have that and then there' be an additional issue to even get something back there and construct. I mean, truly in my eye and and I came in, I mean, reading the the motion, I I was like,
"No, this is an obvious silly. we don't put bulls in front yards and then you know you have to read through and come at this with a very objective mind and and I personally don't see another place they could put it and I think for me the discussion that I would love to hear you
gentlemen as well is you know is there sort of an implied right to even have a pull to a home >> um and so I mean that's also where where this one becomes tricky and difficult Um, you know, the the arguments that were
brought as as negatives in opposition are very, you know, we they're certainly very reasonable and and objectionable concerns. Um, you know, just the the concern of what constitutes a pool in a front yard and why is is that acceptable? Um, but I do I mean I think
this situation is unique enough um being such an old neighborhood. I was looking at the maps of all the homes and the plats. All of these homes are on basically zero lot lines. You know, they're they're adjacent to their neighbors uh for much of it. And
uh yeah, that's I I do move to approve on that notion. Um you know, I certainly think we need to to protect our our neighborhoods and the the sanctity of the neighborhood as best we can not living there. You know, that's how we we can consider with vegetation and fencing
as appropriate. But I think at the end of the day, the homeowners here have a unique problem. And you know, unless we we surmise that not every home is has an implied issue to have a pool and in that case they may
just have to move. I think I mean really here that's the uniqueness that I think we're dealing with on this. So but I would open that to you all. >> Judge, your thoughts? >> I heard somebody expressed a concern. Well, if we allow them this exception and they are allowed to build that pool, then everybody else is going to want
one. Well, excuse me. But this is America and everybody wants what they want. And uh I think we have an opportunity to hear view it and discuss it and and if other neighbors were later on want to take advantage, well, so be it. But they
they've obviously spent time, planning, and money. And anybody else who wants to do the same is going to have to spend time planning and money. And I'm not certain what the wealth or not wealth of the neighborhood is, but I don't think everybody in your brother is going to
jump on it. But they have certainly the right to do it. And I don't see that as an exception to to stop it. >> I I I'm you know, this is this is a quandry. We've got folks who the most of the directly affected people are okay with it. that we have neighbors who
aesthetically and philosophically are opposed to it. Uh I am certainly empathetic to the situation that the homeowners are in. This that's that's a tough spot. Uh but I think when we've got something that's this contest because a lot of times when you we've
got our six factor test >> and when nobody shows up, nobody speaks in opposition, we take we have a little bit less scrutiny when we review it. But I think we have to be a little bit more strict in our scrutiny when people are
discussing their investmentbacked expectations when it comes to property rights. And you all have heard me yammer on about before I I worship at the church of property rights. And I think I think people have the right to say I spent money in Simino County because amongst other reasons I like the zoning.
I like how the land de land development code has created my little patch of paradise. And I don't think it's unreasonable for people who think that way to stand on their rights because those are their rights. >> Uh and and so my perspective and of course I have respect for you too, but I
I I would be voting against the motion >> and unless you all want to say something else, I'll I'll put it to a vote. >> So we have from Mr. Evans, >> check my notes real quick. >> Sure. >> Uh thought that comes to mind. Somebody said something about having to drink
their coffee and looking at their pool across the street. And the thought that crossed my mind is, "How come I'm drinking my coffee over there and not sitting poolside with my neighbor?" >> That was a throwaway line. >> All right. We have Mr. Evans's motion to
approve contingent on making sure there is a locking me mechanism and a fence and visual abatement all in a manner that are consistent with the Seino County Land Development Code. Did I get that right? So all those in favor
>> I opposed. Nay, it passes. And so those of you in opposition, anyone who wants to bring an appeal, I think it's 15 days, Mr. McHugh, >> correct? >> Certainly. And after the meeting, staff can uh help you through that that process. Uh does the board the board mind if we took maybe five minutes for a
quick little water break? We've been doing this for an hour now. >> All right, we've got a few more things, folks. We'll take a five minutes. Um please take convers
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I'm just yammering on away here and I apologize to everyone in the audience. I'm sorry. Uh, is staff ready to proceed? >> Yes. >> All right. >> Yes. >> Uh, with that we will go back on the record with item two. you and when I look down >> and Miss Gates, you have the floor.
>> No rush when you're ready. >> Sorry. Um item for the record, Angie Gates, item number two is a request for a north sideyard setback variance from 7 1/2 ft to 3 ft and two a height variance
from 9 and 1/2 ft to 13 ft for a detached garage in the R1A single family dwelling district in the Sunland Estate subdivision located at 613 Mimosa Terrace. The proposed detached garage will be 432
square ft and will encroach 4 and 1/2 ft into the required north sideyard setback. A letter of support was received from the adjacent neighbor to the north located at 615 Mimosa Terrace. There have not been any prior variances for
the subject property. And this concludes my presentation. >> Miss Gates, I very much hate to correct you on this because you're right 99.9% of the time, but that support came from the U. um southerntherly neighbor. >> Let me just take a look here. >> I only know just because I I saw their
letter and I and I plugged it in >> it >> because because on our map we've got green to the south. So, no big deal. Just just I'm I'm being a record penant. I'm sorry. >> Well, 615 is to the south. >> Uhhuh. >> And was 610 or what what was the I'm
>> sorry. Well, 6 Well, maybe I don't know. It was 611 to the north. Goodness. Are we both going to be wrong? >> 6:15. It says 6:15. >> 6:15. >> No big deal. We just discussed that. We
can move on. >> I feel guilty now. I apologize. >> That's okay. You keep me on my toes. >> Gentlemen, any questions for staff? That actually makes sense. >> All right. Is the applicant here? Come on. Anything you want to answer? Uh >> if you do come up come on down.
>> Yeah. >> Are you Mr. Centio? >> Uh Alvarez. >> Oh, I'm sorry. Yeah. >> All right. You give us your name and address, please. >> Uh 613 Jorge Alvarez, 613 Mimosa Terrace. So when when I bought the house, I couldn't afford a garage and a
pool, so I chose the house with a pool. But here I am now trying to get a small garage built on the side of my house. And um I had the designs and everything like you know what I'm using, what company, all the plans. >> So that's where I submitted.
>> Sounds good. Gentlemen, or am I interrupting you? >> No. No. >> Any questions for the applicant? >> Did you chat with your neighbor, I guess, facing your house to the left? >> I I did talk to both of them. Okay. The other gentleman is a little hard. I talked to him verbally. He's like, "Hey, I you know, I put up the sign. I let the
whole my whole neighbors know." the other side, the one that you guys were writing the other side. Um, he was the one who sent the letter. He lives in Massachusetts, so he's not he's like, "I wish I can make it, but I'm just going to give you the letter." But my other neighbor, he said he's okay with it. And like I said, I put up the sign that if anybody had like, you know, concerns,
everybody seem okay with it and um so that's why I'm >> Sounds good. Thank you, sir. >> Anyone else in the audience to speak in support of the matter? Anyone here to speak in opposition to it? Seeing none, gentlemen, your pleasure. >> Move to accept. We have a
>> motion to approve from the judge. Is there a second? Seconded. All in favor. >> I opposed. >> Enjoy, sir. >> Thank you so much. >> Number three, please. Item number three is a request for a northwest sideyard setback variance from 10 feet to 5 feet
and two a rear yard setback variance from 30 feet to 0 feet for a pole barn in the A1 agricultural district in the seminal Estates's unit 2 subdivision located at 5651 Deer Path Lane. There have not been any prior variances
for the subject property. And this concludes my presentation there. Thank >> Thank you, ma'am. Gentlemen, questions for staff. Seeing none, is the applicant here? Anything you all like to add to the record? Okay. Do you guys have questions for the applicant?
>> All right. Anyone in the audience to speak in support of the matter? Seeing none, anyone here in the audience to speak in opposition? Seeing none, gentlemen, >> move to approve. >> Mr. Evans has moved to approve. You second, judge. Second. >> We have a second. All those in favor? I
>> opposed. Enjoy Barn. >> Thank you. >> Number four, please. Okay. Item number four is a request for three variances located on
vacant lot 76 on Emit Avenue. The first request is for a south front yard setback variance from 50 ft to 25 ft. And two, an east side street setback variance from 50 ft to 19 ft. And three,
a westside yard setback variance from 10 ft to 7 1/2 ft for a single family dwelling in the A1 agricultural district. The subject property is in the town of Sulvin Lake subdivision and is a legal
lot of record. The town of Sulvin Lake plat was recorded in 1914 prior to the Seminal County Land Development Code being adopted. At that time, all lots were 7,500 square ft. The adoption of the countywide zoning in
1960 subsequently rendered the lot non-conforming with the respect to the minimum A1 zoning dimensional and setback requirements thereby creating a hardship. The proposed single family dwelling will be approximately 1,800 square ft and
will encroach 25 ft into the required south front yard setback, 31 ft into the required east side street setback and 2 and 1/2 ft into the required west sideyard setback.
The requested setbacks are similar to the R1B zoning district setbacks. staff believes that variances allowing setbacks like those in the R1B zoning district would be the minimum variances to make reasonable use of that of that
land. On July, excuse me, on June 25th, 2007, the board of adjustment approved the following variances for a single family dwelling on this lot. a lot size variance from 43,560
square feet to 7,500 square feet and a width at building line variance from 150 ft and a front yard setback variance from 50 ft to 25 ft and a side street setback variance from 50 feet to 10 ft.
On September 11th, 2007, the board of county commissioners overturned the board of adjustments decision to approve the four variances. And this concludes my presentation. >> Thank you, ma'am. Chairman, questions for staff. Seeing none, is the applicant
here? >> Yes, sir. If you give us your name and address for the record, please. >> Good evening, gentlemen. This is Zachary Miller at 8241 Via Bonita Street in Sanford. Um, Miss Angie is correct. The
current zoning is A1 and with this being a parcel of record um, dating back to 1915, you said. Um, it has always been that parcel, never been owned or combined with another parcel in my recent knowledge. Um, we do have
a couple of things to show you if you don't mind. I've got a sort of a signature board of the the immediate surrounding um homeowners that are in favor of this. Should I give this to Angie or Let me take a picture of it real quick just to make sure. Um because
I forgot to make a copy. So I also have um there was some there was some question as to whether this fits the context of the of the um the surrounding neighborhood. the surrounding neighborhood, most of them are less than
one acre, which is the the minimum for an A1. Um, in fact, there are several that are I'm going to give you this, too, Jim. Um, there are several parcels that actually are about the same size, if not There's actually one that was built smaller in
2009, um, which was prior to our our previous, um, approval. And it's built, done, they live in it. I think it's 50 by 120. So, it's even smaller than what we're proposing. Um, and obviously they got a variance to to build on as well.
So, um, but short of that, I'm I'm here for any questions. >> Thank you, sir. Uh, gentlemen, any questions for the applicant? Applicants representative. >> All right. Thank you, sir. >> Yep. >> Is there anyone in the audience to speak in support of the matter? Anyone here to
speak? I know we have at least um to speak in opposition. Uh, Rebecca Abbott. Yes, please come on down and if you would please just share your uh your address for the record. >> Sure. So, my name is Rebecca Abbott and um
actually our address is 1796 EMTT Avenue. So, we're the house that's right behind it, but it's under construction. So, right now we have a PO box because we've been currently living in the Bahamas. So, we're moving back the end of this year. So, that is our house,
right? So, as you can tell, the way um it was my husband that had when this we purchased this lot back in 2006 and then in 2007, this was brought to the board and then my husband went and had it appealed uh through the commissioners
and it got completely um um they they denied this. So based on that and what happened in 2007 cuz we have the next six lots back behind it and as you can see our house is turned sideways and we built it that way because we knew he
could not build at that point. So um we have been building for a long time. Um it is an owner builder. My husband is actually building the house himself. And uh we actually out of of all these years uh we he just finished HVAC got that
inspection approved a couple weeks ago uh we are moving back at the end of this year and we were hoping to move into it within the next probably 3 to 6 months. So um even though it's been the longest it was interesting timing that this all came up and glad we actually saw it and
were in town to be able to see it. So uh my husband's concerns he would have been here but he had to head back. um uh because we were here but then he had to head back and uh so he asked me to come. He his concerns were
where he has the driveway coming in. There's power poles there and um all the utilities run underneath. My my husband is a civil engineer um actually working right now down in the palm uh on power plants. Um, so he's he gets involved in
a lot of and like I said, he is actually the owner, builder, engineer on record for this for this home. And uh, so you know, he said that's in the alley is where they have the utilities underground. They have power poles. So he's not sure how that's going to work.
This is completely out of character for the neighborhood. This literally when my husband presented it to the board of commissioners, literally at that time put on paper how this house would be almost just right next to the road. So very out of character for the
neighborhood. There is one other home um and again I apologize. It's my husband that knows all the details, but from what I'm remembering, the house that that they possibly were talking about was one that's set back. It's not actually on the road like he's like he's proposing when we purchased this lot
back in 2006. Mr. Gardner is who we were bidding against on this particular property because we owned the next six lots behind it and he owned that first one. So it would have made sense for him to have the whole piece. We again at
that time tried to purchase it from him but he was not willing. Um and so um at that point we turned our house sideways and uh and uh built based upon um uh
what was approved back in 2007. So again, we're not even facing our house toward the road. We're facing it sideways. So um a lot of things that we we decided to go ahead and construct based on what had happened. If not, um, we would ask if this is approved for him for then for that to be approved for us
too for the next six lots. So, if we need to tear our house down and then redevelop it, we'll have to do that because for us, it really devalues our property if he puts this home right in the front of our property. So, it was just uniquely done. You have Second Avenue, which could be built right
there. Right now, that is not a paved road. Uh, but like I said, our house space is Second Avenue, not Emmen Avenue. All right, gentlemen. Questions for Miss Abbott? >> Thank you, ma'am. >> Sure. Sure. Thank you. >> Uh, anyone else in the audience who'd
like to speak in opposition? Seeing none, Mr. Miller, if you would like out of Fairness, I'll let you have a rebuttal. Especially, please to that uh that power issue. >> Do you want it on a certain slide? >> No. Actually, what you have there, Angie, go back and >> this one.
>> So, you can see Well, I can't reach, but I'm close. If you can't reach, >> you see the you see the uh the power pole that's in front of the alleyway. I'm I'm more happy to to change the driveway to the um to the second street side. I'm happy with that if if that's
what's needs to be proposed. Um I don't have a problem with that at all. It was what we proposed before. I know you're not granting where my driveway goes or anything like that. That's a building apartment issue. We're talking about setbacks. Um, if I go with the front yard, what I did before, because we have
an alleyway there, I thought it'd be nice to use utilize the alleyway that's there. If that if the power pull was in the way, happy to put the front the driveway on the second street side. Um, Miss Abbott's house was permitted in
2009. Um, they've taken 16 years to get to the HVAC. um if they've made decisions based on a additional parcel um that's really not of our concern. >> Gentlemen, questions for the applicant.
>> All right. Thank you, sir. >> All right. We'll close the floor then and entertain a motion. >> Second. Have a motion to accept from Judge Bravo, second by Mr. Evans. Is there anything you feel like you guys want to chat about?
>> I feel like we should. >> Please, you start off. >> Um, >> trying to g kind of gather on Matt. So I I think you know we we always I mean you said it in the last you know item one you know whenever there is friction
you know we have a duty to to go a little deeper and and try to make sure we're doing everything right by everybody. Um and and the friction I I think we have here is certainly like ingress egress. They have issues on you know their actual cultural feel of of
where they situated their building. Um but on the same time we have a uniquely individual lot that uh again I mean it just doesn't meet the 2025 uh culture of Simol County. So we're kind of making
do with what we got. And um I don't know. I just I felt like there just should be a little extra discussion on that. Um >> do you all have any opinions, thoughts? Like >> any thoughts? No. I I I think the only thing that I would share and I think I think you're making fine and valid
points is is we're looking at a parcel of record and I think that's something that kind of throws a curveball into the analysis in the sense that this thing is too small for today's Simino County but it was created in Simino County before the land development code and I think
it's a reflection of that as why staff is recommending approval and uh >> I have a lot of respect for that. I think I give a lot of deference to that and um that's I think I'd be voting in favor of the judge's motion. Um which unless you all want to chat some more, I'll go ahead and put it to the vote. No,
>> I think we're okay. I mean, I'm okay. Let me say that. >> All right. So, we have Judge Bravo's motion to approve. Those in favor? >> I opposed. All right. Enjoy. >> Number five. >> Thank you. Number five, Mary Robinson.
For the record, uh this is a request for an accessory structure size variance from 1600 square ft to 2500 square ft in the A1 agricultural zoning district. The subject property is located in the seminal estates subdivision at 5724
Michelle Lane. The pro proposed accessory structure, like I said, is 2500 square f feet, a 900 square foot increase over what is allowed. The um land development code permits an
accessory structure of 1,600 square ft um based on the uh living area of the home, which is 3200 square ft. The applicant is proposing to use uh the structure for personal storage. There
haven't been any prior variances on the property. Um there are two letters of support that were submitted in the application. One from the president of the HOA and the second from the neighbor to the west of the property. That concludes my presentation.
>> Thank you, ma'am. Gentlemen, questions for the staff? >> Do it. >> Seeing none, is the applicant here? Anything you'd like to add, sir? Um, I do have I do have a quick question. If you'd come on down, please. >> Um, and if you with us your name and address, please for the record.
>> My name is Ryan Mays. I live at 5724 Michelle Lane. Sir, my my question is um staff was saying that the purpose of the uh application was a shed for storage and I'm looking at the letter from um Jennifer Schumacher, one of your
neighbors in support and and the letter is saying that you're building it for a shop. >> Yes. The the the ladder is more correct. Okay. >> Um I mean it's you know that old saying if you have more space you're going to fill it up with something. So that's kind of I mean it could be some storage
in there. But but we we do have some animals and it's I'm going to park a skid steer in there and a tractor and and mostly agricultural stuff is going to go in there. >> But you're not like running a business or no one's living in there like that. Gotcha. >> Gotcha. Thank you, sir. Gentlemen, questions while I've dragged him up here.
>> Mr. Evans. >> No. >> Thank you, sir. >> Appreciate it. >> U anyone here to speak in support of the matter? Seeing none, anyone here to speak in opposition? Seeing none. Almost literally none. Uh move to >> We have a motion from Judge Bravo to
approve. Second from Mr. Evans. All those in favor? >> I opposed. All right. Enjoy, sir. >> Six. >> Yes. Thank you. Um number six is a request for a front yard setback variance from 25 ft to 5 ft for a 6-ft
fence in the R1 single family dwelling district. The property is located in the Witcom's first and second edition to Geneva subdivision at 194 Pine Street. This property is a corner lot and as such is considered to have two front
yards for setback purposes. The front of the house faces Pine Street and the side street is Second Street. The variance is being sought on the Pine Street frontage. The proposed uh privacy fence is 18 ft from the edge of the paved road. There are three loaders of support
that been have been received from a budding neighbors on the north and east and a neighbor across Pine Street to the south. Uh, traffic engineering has no objection to the placement of the fence as it relates to site visibility and
there have not been any prior variances for the subject property. >> Thank you, ma'am. Gentlemen, questions for staff. Miss Robinson, did I read the paperwork correctly? Never a sure thing that this proposed fence is going to go right into
the footprint of the existing fence. >> That's what they've stated. Yes. >> Okay. Gotcha. Thank you, ma'am. Uh, is the applicant here? Anything you like to answer, sir? >> Yes. >> You give us your name and address for the record, please. >> Hi, I am uh Michael Moran. I live at 2246 Spring Creek Circle Northeast in
Palm Bay. I'm here on behalf of my mom who owns the property. Um, my parents purchased this property about 20 years ago and there was no fence at the time and they quickly realized that they got a lot of headlights coming in from the adjacent post office on the other side of Pine Street. Um, so my dad, as I've now found out, without a permit, went
and built the fence 20 years ago. I think it was 2004. Um, the fence has stood for those 20 years. As far as I know, we've received no complaints from any neighbors. No one has any issue with where it is or the new white vinyl fence going in the same location. Um, we've never received anything from the county to take the fence down.
Um, so as far as we're concerned, we're just hoping to keep what has been for 20 years and just replace it with a newer looking fence in the same location. >> Gotcha. Thank you, sir. Gentlemen, questions for the applicant. Thank you, sir. Is there anyone in the audience to speak in support of the matter? Seeing none,
anyone in the audience to speak in opposition? Seeing none, gentlemen, move to approve. >> Mr. Evans moves to approve. Judge seconded. All those in favor? I >> opposed. All right. Wish you folks good luck with that. Number seven.
>> Yes. This is a request for a front yard setback variance from 25 ft to 15 ft for a single family dwelling in the R1 single family dwelling district. The subject property is located in the North Juliet subdivision and consists of lots
17 through 19 is currently vacant and so it does not have an address. The subject property is a corner lot and is considered to have two front yards. For setback purposes, the front of the proposed home faces second street and
that is where the variance is being sought. The site is a triangular shaped lot and faces uh county road 419 to the north. This is variance is being sought to construct a single family home. There have not been any prior variances on the
property. And that concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. >> Uh, I've got a couple. >> Um, really quickly, and I was I didn't uh look at on the property appraiser, but um what is the size of this triangle lot like acreage?
>> I'd have to look at the property appraisers record for that. >> Yeah, I'm I'm looking at it now as well. Um what makes this not a unique parcel? Uh, you know, I mean, sometimes you all do do recommend to move forward on on unique issues.
>> It's 24 acres. >> So, it is quarter. Okay. >> Yeah. >> That's kind of what I >> So, what makes it I'm sorry, could you repeat the question? >> Yes. I mean, with the, you know, the dual front yards, you know, having the two corner lots and being that triangle shape on a, uh, you know, busy through
fair, you know, why isn't this considered a unique shape in in the building department's kind of opinion? >> Um, well, it meets the area requirements for the
zoning and the width requirements for the zoning. So it is unique in that it's triangular shape, >> but it does meet the current zoning standard for the lot width and area. >> So Commissioner Evans, if I can add on
to what Mary just said is that when we're looking at this, we're looking at what is the minimum variance to make reasonable use of the property. They certain they could put a house on this piece of property. They can put a two-story house and be able to have the same square footage. So that's what we
look at. Are we taking away from the actual potential use of the site? We believe on this site that they have the ability to build a house without the variance. >> Okay. So, in your opinion, there was a reasonable alternative. >> Yes, sir. >> That doesn't exist on some of the other issues we might have. Okay. Beautiful.
Thank you. >> And it looks like there's only one side which is the smaller part of the triangle where there's a property. The rest is the street and then just folage. So, how close are they going to
be to that house? >> M. Robinson, is how how close would this perspective house be to the uh neighbor to the west, please? >> 7 and a2. >> Or we can ask the applicant that. >> Well, that would be 7 and 1/2t sideyard setback on that side. >> Yes.
>> 7 and ft. >> So, it it will be um 15 ft because the neighbor requires 7 and 1/2 ft and they require 7 and 1/2 ft. So from the actual structure to this proposed structure, it would be 15 ft. >> Gotcha. >> Yeah. With the line in the middle.
>> Any other questions for staff? >> Is the applicant here? >> Yes, sir. Anything you'd like to add? >> Have questions? >> You'll have questions for the applicant, >> Mr. Evans? >> Yeah. Yeah. >> Come on down. >> We've grilled everybody tonight. >> That's right.
Just tell us please your name and address for the record. >> Yeah, my name is uh Rhett Wilson at 27546 uh State Road in Geneva. >> Okay. So, you know, one of the the this is a quarter acre lot. Um you know, obviously setbacks make it difficult
because triangles are not the best shapes to play with, but um why couldn't you do a two-story? You know, why why why was the reasonleness to go with a single story? >> Yeah, absolutely. As a builder, we find a lot of people not enjoying two-story homes. So, we try to make everything single single story. It uh opens the
market for myself who'll be living in this home for two years uh possibly three years and and truly just not wanting a two-story home. >> Okay. >> Fair enough. >> Fair enough. Any other questions? Thank you, sir. >> Yes, sir. >> Is there anyone in the audience to speak
in support of the matter? Seeing none, anyone in the audience to speak in opposition? Seeing none, gentlemen, >> move to approve. Seconded. >> Judge Bravo approve. Motion moves to approve. Mr. Evans seconded. Those in favor? >> I opposed. All right. Enjoy, sir.
>> Last but not least, number eight. >> Yes. Thank you. This is a request for rear yard setback variance from >> Oh, I'm sorry. I jumped ahead to Jay's. >> Let me back up. >> Skipped over. Sorry.
Good evening. For the record, Julia Moreno, Planning and Development. Item number eight is a variance request for a lot to Alexander Avenue located in the lock car subdivision. The request is for a rear yard setback variance from 30 ft
to 20 ft for a single family residence in the lock car subdivision. The request is to construct an 1,800 square ft single family residence encroaching 10 ft into the 30 foot rear yard setback.
The rear of the property above an alley. They have not been prior variances for the subject property. This concludes my presentation. I'm available for any questions. >> Gentlemen, questions for staff.
Um, two questions I have. Do we know is this a parcel of record? >> Yes, >> it is. Okay. If you said I'm sorry I missed that. Um and also the applicant states in in their response to the questions that if we don't approve them
tonight the parcel is undevelopable. Does staff share that conclusion >> or if that's not a fair question and I recognize that. Is that in in the variance criteria, >> right?
>> Let's see here. >> For this, yes, they could build a smaller home on this piece of property, but what we're looking at is the overall neighborhood. What is the reasonable use of the property >> and does the board consider what they're requesting a reasonable use?
>> Oh, I'm I'm with you. I'm just curious as to whether staff agreed with that conclusion. And I've got it. Um, very good. Is the applicant here? Yeah. >> Any of y'all back there with the applicant? >> We just have visitors. Okay. We have no applicant.
>> Now, you can all vote in absentia. That's the that the applicant does not there's of course we need to put a good faith effort to have the applicant present and it's more ideal to have the applicant or a representative of the applicant present, but it's not a
mandate. Uh so if if it's the pleasure of the board to vote on this tonight, you may uh or if you feel it more necessary to to push it to a date certain then then that's an option as well. Just just as a reminder though, we
have we don't have a meeting next month because the holiday we have >> one meeting in December. So we have one more meeting this year. So just just for your own edification, >> gentlemen, I I'll follow your lead, but I'm happy to go forward with it. >> Move to approve.
>> All right, Judge Bo. Well, real quick, let me just let me go through my my propers here. Uh, anyone in the audience to speak in support of the matter? Anyone in the audience to speak in opposition to the matter? Seeing none, Judge Bravo has moved to approve. Mr. Evans seconded. All those in favor?
>> Opposed. All right, it succeeds. Ghost applicant. That is our regular agenda. We now move on to the minutes. Did you all have a chance to look at the minutes? >> And if so, I'll entertain a motion thereon. >> Motion to approve the minutes from last month. >> Do you have a second, judge? All right.
Those in favor? >> I post. Anything else you'all want to chat about? >> Let's go home. >> Let's thank you all so much. Thank you. [Music]
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