Good evening and welcome to the March Madness edition of the Simon County Board of Adjustments. For those of you in the audience who've not attended one of these kind of hearings before, let me review with you our procedures and then we'll start the show. As we move down
the agenda, staff will introduce each item for consideration. If you are not the applicant and you want to speak either in favor or in opposition to a matter, uh there's a form out in the lobby we need you to fill out, please. And and hand to the clerk to my left. Uh
the applicant and the applicant supporters will be heard first. Those in opposition to the request will be heard next. If the situation calls for it, there might be a rebuttal. We ask that you keep your comments restricted to just what's before the board tonight. We
don't get into dirty laundry, homeowners associations, or any of that kind of stuff. Uh if you're an individual and you're not the applicant, you'll have three minutes to speak. If you represent a group, you will have six. Uh speakers should identify themselves clearly for
the record by stating their name and address when they come up to the lectern. We ask that every speaker be given courteous courteous uh uh attention and treated respectfully and just generally treat everybody as you would like to be treated. Uh heckling is not tolerated. Uh don't be surprised if
we ask you questions, if we ask sta if we ask staff questions. That's just part of the job. Uh information that you might share, drawings, pictures, or whatever are retained by staff as part of the record. If you've got something that uh you're sharing with us on the projectors that's a digital image, uh we
ask that you at some point after the meeting share that with staff so we can keep that in the record. Uh when all the presentations are finished, the floor will be closed and I will start a discussion with the board and we will
then take a vote. Uh members who do not cast a vote verbally will be considered to have voted for the matter at the end. If you disagree with the decision of this board, you can appeal what we've done to the board of county commissioners and staff can help you
with that process uh after the meeting. So, having said that, number one, please. Good evening, Angie Gates. Item number one is a request for a height variance from 5T to 6 feet in a front yard for a fence in the A5 Agricultural District
located at 1760 Mullet Lake Park Road. The subject property is a double frontage lot and considered to have two front yards for setback purposes. The front the first front yard of the property faces Mullet Lake Park Road and the second front yard of the property
faces Perch Road where the variance is being saw. The proposed fence is 15 ft from the edge of the rideway and there are no sidewalks in place. There have not been any prior variances for the subject property and this concludes my presentation. >> Thank you ma'am. Gentlemen, questions
for staff. Miss Gates, one question. And this is I'm sorry this is rooted in in my ignorance. I'm aware that usually we when we've dealt with corner lots, that's when we kind of talk about two front yards. But as I as I look at our applicant here, I notice that Perch Road
also goes along one of the sides. Uh you know, it it it loops, if we look at that drawing, it kind of loops to the bottom, goes right, and hooks back up with Mullet Lake uh Park Road. And I'm just curious why they're considered two front yards for that rear as opposed to
the side. Is that because both of those are facing a road and that the other one's adjacent to a neighbor? >> Yes. There's two perches in the rear. >> Uhhuh. >> Or what we would consider a rear if you just look at it. And then Mullet Lake
Park Road is is the front. >> So two front yards is not just for corners. It's anytime there's two roads, at least two roads. It's different for um double frontage versus a corner lot. There's a side street and a front. >> Gotcha. All right. Thank you. Appreciate
it. Uh I see the applicant is here. If you'd introduce yourself, sir, please. And >> which one of these? >> Uh right in front of you there, please. >> Michael Shadon, 1760 Mullet Lake Park Road, Geneva, Florida. >> Yes, sir. >> Okay. Well, that's my backyard, and that
was the main reason I'd want a six-foot fence put up in back there is be to block the view from people driving behind the property. I know y'all consider it road frontage, but it is my backyard where I store all my
equipment and stuff. >> Gotcha. Anything else you want to share with us? >> No. Well, there is something. Y'all are working off of like the 10th survey that I turned in. >> Um, there's also a a drive that comes in
off of that back road and it's not shown on this survey. It was probably about on the 15th survey that I've turned in. >> Is it kind of a dirt road or is it something that's dedicated to >> It's a dirt road back there. >> It It could be just probably something, >> but it's a driveway, right? Is it a
driveway into your property? Is that what you're talking about? back of the property on the back side of it. >> It is a double frontage lot, so he can access through perch. >> The setbacks will change once he has a sixft fence there. It won't be considered double frontage unless he has
a gate. If he has a gate, it's still double frontage and he'd have to meet front yard setbacks for that, >> which means with the road that you're describing or the the entrance there, the dirt road there, um we can take note of it, but it doesn't apply to this this land development code rule.
>> Okay. But we follow what you're saying. Uh I'll ask again any questions, gentlemen, the applicant. Yes, sir. Mr. Evans. >> So to confirm then on Perch, you're not planning to put a gate. You So we are essentially blocking and only creating Mullet Lake as your frontage now. >> No, I'm planning on putting a gate up. >> All right. Okay.
>> Road. >> Yes. The The reason this survey was done was the first time I applied, you said, "Well, if it if it's going to have a gate, you got to go through a variance." I said, "Well, okay, then I won't bother with a gate, I'll just do the fence
straight across." Well, then after I applied for the fence, a 6ft fence, you said, "Well, if it's going to be a sixft fence, you have to have a variance." And I said, "Well, if I'm going to go through the variance meeting, I would I want my gate put in." So, >> that's fair.
>> That's That's the reason it doesn't show it on that one is because this was like the 10th survey and we're up to the 15th or something. Well, I appreciate you sharing that with us. Any other questions? >> Thank you, sir. >> All right. Thank you. >> Is there anyone in the audience to speak
in support of this matter? Seeing none, anyone in the audience to speak in opposition? Seeing none, gentlemen, your pleasure. >> Move to approve. >> Move to approve. We have a second. Those in favor? I >> opposed. All right, sir. Enjoy your fence.
>> All right. Thank you. >> Number two. Item number two is a request for a front yard setback variance from 100 ft to 70 ft for an accessory structure in the A5 rural zoning classification district located at 335 Woodridge Drive. The
proposed accessory structure will be 1,800 square ft and will encroach 30 ft into the required front yard setback. The applicant has applied for a building permit, permit number 26-1362, and at that time it was determined that a setback variance would be required.
Four letters of support were received from adjacent neighbors. >> There have not been any prior variances for the subject property. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, any questions for staff? >> Mr. Chair.
>> Yes, sir. I just want to um make notice that I I'm the applicant and I know each other the from church. We've known each other well over 10 years. They did reach out knowing I was on the board and so we did have some exparte communication just we didn't I asked them not to talk about
the actual item itself but um I did advise maybe to you know procedurally wise to seek out buyin or objection from his neighbors. So um did want to disclose that I don't have any financial interest or vested interest. So I have no conflict. So, thank you. >> Perfect. Thank you for sharing that.
>> I see our applicant is here. Yes, sir. If you'd share with us your name and address and whatever you want to share. >> Sure. Uh my name is uh so I'll say good evening uh members of the board. My name is Matt Fogle. Uh I'm the owner of 335 Woodridge Drive in Se in the Seminal Woods community of Geneva, Florida. I'm
requesting a variance to allow 70 foot setback uh in place of the requested 100 foot setback based on the specific and unique conditions of my property. in accordance with the six criteria outlined in the land development code. I just wanted to
share some of those here, please. My property has special conditions that are not common with other parcels. Uh my home is oriented sideways on on the lot with the side of the house facing the road rather than the front. In addition, the property contains two septic systems
uh and drain fields located on opposite sides of the lot along with a 35- ft utility easement in the front and conservation and wetland in the back. Uh these constraints significantly limit where I can put that building. Um so
these conditions aren't self-created. Uh the orientation of the home and placement of the septic systems and existing environmental features were established before uh this request was made. Um, granting this variance doesn't confer special privilege. Uh, the
requested 70 foot setback exceeds the seminal woods HOA requirement of a 50-ft vegetative buffer. So, there's that vegetative buffer that's going to be in between me and the road. And this is consistent uh with existing patterns in the in the
community. In fact, there are several other variances nearby uh with setbacks equal or less to what I'm requesting. And I know that preced precedent isn't something that is has to be established here, but I just wanted you to know that this is um is common in our
neighborhood. Uh strict application of the 100 foot setback creates an undue hardship due to my septic systems. Um, if I were to put it in the back of my home, um, I would have to, uh, drive over those septic systems or move them,
um, in order to create, u vehicle access to this building. Uh, also, I would have to remove indigenous trees and vegetation um, near and part of that wetland uh, lake area in the back of my house, and I'm trying to avoid to do that.
Um the 70ft setback is the minimum necessary to allow reasonable use of the property. Uh maintaining the full 100 setback again would would would force me to put this structure very close to my main residence. And I've been advised that that this would create drainage
issues and restrict access to my existing garage. So finally um the request is in harmony with the intent of the zoning regulations and will not be detrimental uh to the neighborhood. The location already has been reviewed and approved by our seminal woods HOA
architectural review committee. And I know you don't get into that, but wanted you to know they came on site and did a on-site site survey. Um, I did I did receive four unique signed letters from my neighbors. It was great opportunity to meet my neighbors actually uh for for
the first couple times because we're new to the neighborhood. We've been there about almost a year now. So, uh, anyway, when accounting for the HOA buffer and the utility easement, the structure will effectively be set back over 100 ft from the road, which
preserves the intent of the code. Um, in my opinion, um, and for these reasons, I respectfully request that you approve this variance. Thanks, >> Mr. Voguer. Let me tell you, so few people come before us and go through the six criteria. I'm talking even like lawyers and
engineers, and thank you. Thank you for doing that. We rarely get that. Gentlemen, any questions for the applicant? See, that's that's how you make it easy, man. All right. Thank you, sir. >> Is there anyone in the audience to speak in support of this matter? Is there anyone in the audience to speak in
opposition? Seeing none, gentlemen, >> move to approve. Mr. Evans, move to approve. >> Second. >> Second, Mr. Wright. Those in favor? I >> opposed. All right. Enjoy. >> Number three, please. >> Good evening. For the record, Hillary
Peyton, Planning and Development. Item number three is two variance requests for lots 12 to 15 on Jes Street located in the Cassa Villa Heights subdivision. The requests are for front yard setback variance from 50 ft to 25 ft and a rear yard setback variance from 30 ft to 20
ft for a single family dwelling in the A1 zoning district. The request is to construct a 4,975 ft single family dwelling encroaching 25 ft into the 50ft front yard setback and 10 ft into the rear yard. This concludes my presentation. I'm available for any
questions. >> Gentlemen, any questions for staff? >> Quick question. And I and I'm I'm embarrassed that I have to ask this because I don't know it. Do we along with the the applicant posting? Do we also mail notices to the adjacent property owners? >> Yes.
>> Good. Good. Thank you, ma'am. >> Uh is our applicant here? >> Yes, sir. Please, if you'd come on up and introduce yourself. I >> have to turn this in to speak >> since you you went to trouble to fill it out. So, Thank you. >> Yes, sir. Your name and address, please,
and share with us what you do. >> Uh, good evening. Uh, Lewis Dela Cruz, 1357 Phoenix Woods Lane. >> Um, we're partners with my contractor here and, uh, we've done two surveys and we just want to know, um, if the house is pretty big house and we want to know
what will the setbacks allowed to be in order to fit in on the property because it does have uh, wetlands on it. >> Are you the applicant, sir? >> No. Are you the applicant represent? >> Yeah. >> Okay. I'm sorry. Just because you're asking a question and that kind of threw me off there.
>> No, no, it's okay. Uh my first time >> in these five lots, um three of the lots are wet and uh we tried to move the house and the two no lot number uh 12
and 13 that they dry. We tried to uh put the house there, but the house is a little bit big and we're trying to uh ask for for uh instead of 50 ft for 20 ft set back in the front and a 20 ft in
the back. Anything else you like to share, sir? >> Say that again. >> Anything else you'd like to share? >> No. All right, gentlemen. Any questions for the applicant? All right. Thank you, gentlemen. Is there anyone here in the audience to speak in support of the matter?
Seeing none, anyone in the audience to speak in opposition? Seeing none, before I call the question, uh, Miss P, and this this might not be fair. I might catch you flat-footed with this. We have the one letter from a neighbor. I don't think it necessarily falls into something we would consider, but maybe
is is is Miss Cotus here, but maybe if they're watching on TV, do you know the answer to her question? >> He came and he left. >> Did he get his answer the answer to the question? >> Yes. >> Good. Then I'm not going to worry about it. >> We advised him that it would be handled through the building permitting process. And
>> perfect, perfect, perfect. Thank you, ma'am. >> All right. Uh gentlemen, your pleasure. >> Move to approve. >> We have moved to approve from the vice chair. Is there a second, Mr. Wright? Those in favor? >> I >> opposed. All right. Enjoy, gentlemen. >> Thank you very much. >> Number four, please.
>> Puberty. >> Item number four is a variance request for 5520 menden Hall Place located in the Bartum's Landing at St. John's subdivision. The request is for a rear yard setback variance from 20 ft to 14 1/2 ft for a covered patio in the Bartram's Landing St. John's plan
development. The request is to construct a 15tx 27 foot covered patio addition encroaching 5 1/2 ft into the 20 foot rear yard setback. The property abuts a 15t landscape buffer for the community. This concludes my presentation. I'm available for any questions.
>> Gentlemen, questions for staff. >> Mr. And I had noticed looking at the aerial that that staff provided and just on on the the the maps app on my phone that if we go to the east to the right if we're doing a top down look >> or there we go. I noticed the neighbors
having structures kind of going deep into their backyards. Do we know whether they're permitted? >> Those are pool screen enclosures. Pull screen enclosures have a smaller setback than a covered roof, a solid roof. >> Okay. What What about the one two to the right there? I'm not quite sure what
that is. There's some Oh, is that a That's That's a play thing, isn't it? >> Yeah, that's a playground. >> Gotcha. Thank you, ma'am. >> You're welcome. >> Last last question. Any questions for staff? Uh yes, ma'am. Are you the applicant? Please share with us your name and address.
>> Hi, I'm Mrs. Nathan. Um my husband is not in town, so I'm here. Um, we wanted to build a patio and our backyard is only 30 ft and if if the variance is 20 ft, we'll have a very small patio and we couldn't possibly use
it for what we want outdoor dining. So, I request a variance for it, sir. >> Sounds good. Questions for the applicant, gentlemen? Thank you, ma'am. Appreciate it. Anyone in the audience to speak in support of this matter? Seeing none, anyone here to
speak in opposition? Seeing none, it's the board's pleasure. >> Move to approve. >> Move to approve for Mr. Wright. Is there a second? >> Seconded. >> Mr. Evans. Those in favor? >> I. >> Posted. All right. Enjoy. Enjoy, ma'am. I can't talk tonight. Number five.
>> Item number five is three variance requests for 247 Ridgewood Street located in the West Alimont Heights subdivision. The requests are for an accessory structure maximum size variance from 676 square feet to 900 square f feet, an accessory structure
maximum height variance from 15 ft to 16 ft, and an east sideyard setback variance from 10 ft to 5T for a shed in the R1A zoning district. The request is to construct a 30 foot by 30 foot accessory structure that exceeds the
maximum size by 224 feet, the maximum height by a foot, and encroaches on the east side yard setback by 5 ft. This concludes my presentation of a bill for any questions. >> Thank you, gentlemen. Questions for staff? Seeing none, is the applicant here? Yes, sir. Anything you'd like to share? You
don't have to if you don't want to, but if you want to. >> I can. Can I ask a question though first? >> Well, after you introduce yourself, please give us your name. Just >> yeah what >> it's confidential >> protective >> gotcha gotcha gotcha gotcha come and
just talk to us resident and citizen >> how are you sir >> I apologize that's why I >> you don't apologize for a dag on >> ask earlier and that's where it came up so I again as you can see based on the actual property um and I I thank you for your time but these power lines pose a
large transmission easement per which kind of creates a whole different element to the property. Um, when I first purchased it, I was excited. It's like, hey, look at all this. And then also like, wait, there's power lines. You can't use half of that. So, that's what kind of shifted all this kind of
over. And the only space I could find is kind of where it landed there. And that's why I was here asking for the actual variances. That's when I was told, "Hey, you'll have to try to adjust some of this." So, um, it's pretty pretty wild. even the front actual um property line that Ridgewood Street, it
actually curves up towards the the the house. It's pretty wild the front. So, it's even less than it looks like. Um and to make sure I stay within those standards, I just ultimately ended up landing where it was there. So, >> makes sense. Questions for the
applicant? >> All right. Thank you, sir. >> Thank you. >> Anyone in the audience to speak in support of this matter? Anyone to speak in opposition? Seeing none, gentlemen, >> move to approve. We have a >> motion to approve for Mr. Wright. >> Seconded. Seconded by Mr. Evans. Those
in favor? >> Opposed. All right, sir. Enjoy. >> Now number six. >> One second. >> Went fast on you that one. Sorry. >> I'm so sorry. >> Good evening. For the record, JDM Moreno
Planning and Development item number six is a variance request for 6048 Lenal Beach Drive. The subject property is located in the Jensen subdivision. The request is for one side an east sideyard setback variance from 10 feet
to six feet for a poll enclosure and a southside yard setback variance from 10 ft to 5 ft for a pull enclosure in the R1A single family dwelling district. The proposed structure to be constructed is
27x 48 ft. The applicant applied for the appropriate building permit number 26000000167 and at that time it was determined that the setback variance will be required. They have not been any prior variances for this subject property. This concludes my presentation.
>> Gentlemen, questions for staff. Seeing none, we have our applicant here. If you share with us your name and address, sir. Hi, I'm uh Oliver Holland from 6048 Line Beach Drive. Um so good to good to meet you. Um so the the
background again uh I believe the pool I've just built the um sorry just bought the house uh back in November last year with the expectation that a um pool enclosure could be built. I believe the pool was bu was built uh some significant time ago probably before these uh uh specific setback um
requirements. Um if the setback requirements as they are uh defined for a s a corner lot um were applied um then the pool enclosure would actually go into the pool um and the pool enclosure is key to the viability of our pool given for example the amount of leaves
that are falling from surrounding trees um into the pool. Um so I believe um we would be at a hardship if we didn't have uh the pool enclosure um and we need the uh the setback variation in order for the pool
enclosure to be uh to be practical. Um I think it was very well well said by um um our contractor uh already in the application. So I I probably can't add add more but appreciate your consideration of this. >> Thank you sir. Gentlemen, questions for the applicant?
Seeing none. Thank you, sir. Anyone in the audience speak in support? We have a second for Mr. Wright. Those in favor? >> I opposed. All right, sir. Enjoy. Next, please. Item number seven is a request for 3316 Gold Crest Drive.
The software property is located in the Aloqua Lakes phase 4 subdivision and is within the Aloqua Lakes Plan development. The request is for a west sideyard setback variance from 10 ft to 6 ft and 6 in for a pole enclosure in
the PD plan development district. The proposed structure to be constructed will be 45 ft by 30 ft. The applicant applied for the appropriate building permit number 2600078 and at that time it was determined that
a setback variance will be required. The rear of the property above track E which is an open space. There has not been any prior variances for the subject property. This concludes my presentation. >> Thank you ma'am. Gentlemen questions for
staff. >> Seeing none. Yes sir. The applicant. >> Yes. My name is Dhi. I'm the son-in-law of the applicant representing him. >> Shar what you have, please. >> I live two streets over at 3364 Park Grove. He's moving from California to be
closer to family. Um they're they're an elderly couple. They purchased the house. It has a nice pool with the assumption that it was going to have an enclosure very similar to ours. It's the same exact house. And then we hired the same person to do the enclosures and
they got turned down and uh we need a variance. And the way it was explained to me, the back left corner of the house is 8 foot off of the property line and it's supposed to be 10 and he's tying into that. And because of the pieshapeness of the lot, um, he needs to
go straight back or like the the person previous, it wouldn't cover the entire pool where he has to put put the back corner for the screen. See, that's why I'm waiting for our engineer to jump in. I think it's another one of those lots
where it's Noah's weird kind of shaved lots, Mr. Sher where it's we're unfortunate. We're very used to seeing up here. >> And I and I can see what you're It kind of on that left side. It kind of seems like it's veering to that left property line there. By the way, anyway though, time and a place for that. Any questions
for the applicant? Seeing none. Thank you, sir. Thanks. >> Uh anyone anyone in the audience to speak in support of this matter? Nope. Anyone in the audience to speak in opposition? Seeing none, gentlemen, >> move to approve. Second. >> Move to approve. Mr. Wright, seconded by
the vice chair. Those in favor? >> I. >> All right. Enjoy. >> Thank you. The only question I have, does the contractor resubmit for approval? >> Check with staff after the meeting. They're they're much more qualified than we are to answer that. >> Thank you very much. >> And that is it. Moving on. That just
leaves uh the minutes and the board the chair will entertain a motion. Move to approve minutes from last. We have a motion to approve the minutes for Mr. Evans. So we have a second. >> We have a second. Thank you. Second for Mr. Wright. Those in favor?
>> All right. They are approved. We are adjourned. Thank you all very much.