Heat. Hey. Hey. Uh, Miss Fischer, sit down. >> Good evening and welcome to the first Simino County Board of Adjustment meeting of the new year. Uh,
two quick little well, one quick little housekeeping item. Uh, I want I want to mention then we'll then we'll go on to our agenda. Um, I just want to take a quick moment and and recognize the passing of Matt Brown. I don't know if some of you all might have known Matt. Matt was a great member of our
community. Served for a long time with distinction on our planning and zoning commission. Uh, wonderful human being. I just nicest person we've ever known. Probably one of my father's best friends. And uh, he'll be missed. He'll be missed. and I hope his family
realizes how much they're missed by this community. Let's talk about moving on from that talk about procedures. For those in the audience who haven't attended one of these meetings before, uh allow me to review our procedure. As we move through
the agenda tonight, different staff members will introduce each item uh and and make a statement for the record as to what the basic facts are. If you would like to speak on a matter and you are not the applicant, uh we need you to fill out a form that's out in the lobby
there. Uh and when you do hand it to the nice lady next to the podium, and you'll be called upon as as we get to your item, the applicant and the applicant supporters will be heard first. Uh those in opposition will be heard next. Uh and
if necessary, there will be an opportunity for rebuttal. comments should be restricted to the pertinent information that's at issue. The the land use issue we don't get into. Neighbor disagreements, homeowner disagreements, um neighborhood spats, that's not
relevant here. If you're speaking representing yourself, you have three minutes to speak. If you represent a group, you'll have six minutes to speak. Uh and when you come up to the podium, we ask that you identify yourself by name and address for the record. and we
request that each speaker be given courteous and respectful attention, treating others as you'd like to be treated. Don't be surprised. The board may ask questions of the applicant of people who come to speak or of staff. Any information you share with us,
photos, things like that, we will be kept as part of the record. We do ask that if the information you share is a digital photo on a device, uh that you share it with staff uh after the meeting so we can keep everything in the record. Once we have heard from everybody, the
floor will be closed to comment. Uh I will ask a motion from the board. We may have a conversation about it. A vote will then be taken and that will be that. If you are in disagreement with any of our decisions, you can appeal them to the board of county commissioners and after the meeting
staff can help you with that process. Uh so that is that. Before we move on to the regular schedule, item number nine, which is 9483 shortleaf court, the applicant has requested that that be continued. So in
that spirit, the chair would entertain a motion to continue that. So move. >> We have a mot. It's moved by Judge Bravo. Is there a second? >> Seconded. >> Second from Mr. Evans. Uh does anyone feel the need to discuss that or move right to a vote? >> Uh
excuse Mr. Chair. Uh, are we continuing to Are we continuing to the the next meeting, the February meeting? >> Yes. To the next meeting. >> Okay. >> Thank you for Thank you for picking you up to a date certain. >> Um, yes, ma'am. >> Who first? >> I'm sorry. >> Who first?
>> Who? Who? I the chair would entertain a motion and the judge made it and Mr. Evans seconded. >> Mr. Chair, sir, I don't know if the homeowner is aware of what exactly continuing and everything else making sure. Is the homeowner here? Correct. >> Is the applicant here? >> Yes. my my understanding and I don't
want to get into to the merits at this point, but apparently there was another uh variance that would be required and they're hoping to have the entire matter heard at once. But whether we do that or not is of course at the at the pleasure of this board and uh I'm not advocating
either way. >> If if the homeowner's here, my my stance is if the home owner's here, let's hear them out. if they made the trip down here. Otherwise, you know, it's it's and I understand that they understand that they're going to have to come back for the second time, but if they made the trip down here, I say we hear them out. That's just my opinion.
>> Okay. Anyone else have thoughts? >> The did the homeowner request a continuence or staff? >> Yes, the home the the homeowner requested the continuence because there's a height variance that's needed with with the size and >> Oh, so the homeowner requested it. I will tell you that I will tell the opposition and the support and the
applicants that there is a percentage of a chance that the item could be heard. So I always recommend for them to come because if I don't sure >> then you'll hear it. >> If they requested it then Okay. All right. >> Any other thoughts? All right. Um we have a motion. We have a second. Those
in favor of continuing. >> Opposed. It's continued to next month's meeting. Those who did come tonight, I apologize for the inconvenience. I will just share from experience. It's better for everybody just to hear everything at once. And so again, I'm sorry. Um, but
you'll get home before the cold. >> Having heard that, item number one. >> Good evening. For the record, Angie Gates. Item number one is a request for a north side yard setback variance from 10 ft to 1 ft for a carport in the M1 Industrial District located at 500 Plosa
Avenue. The proposed carport will be 1,200 square feet and will encroach 9 ft into the required north side yard setback. The applicant held a community meeting on December 9th, 2025 as required for all non-residential variances. There have not been any prior
variances for the subject property. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. Uh m Miss Gates, real quick, in in the applicant's responses to the six criteria, one of their comments was to
discuss the actions of their northern neighbor. Is staff aware of that or is there any kind of code enforcement action going on with that or >> which number? >> Uh I should have I'm sorry. I should have had that handy. Um >> I don't know.
>> I I guess number two there. And actually, I think they refer to it a few times in there, but just I mean, is staff aware of of what the neighbors are doing. >> Say if it's if that is a code violation
or not, they may be permitted to have the concrete blocks there. >> Fair enough. And I know I've got you flatfooted with that. >> Um, all right. Uh, having that, is the applicant here? is our applicant here with the What do you all think about
perhaps moving this moving this to the bottom of the agenda? >> Yep. >> Yeah. >> So moved. >> All right. So moved. We have a second. >> All right. Right here. >> Mr. Beley. Uh those in favor of moving it to the bottom of the agenda? >> I. >> All right. So done. Number two, please. >> Okay. I wasn't expecting that. Item
number two. Okay. Item number two is a request for a sideyard setback variance from 10 feet to 8 and 1/2 ft for an enclosed car for enclosing a carport in the R2 one and two family dwelling district in the
Slavic Village subdivision located at 2605 Holly Road. The existing carport will be converted into approximately 247 square ft of living space and encroaches 1 and a half foot into the required east sideyard setback. The applicant appro
applied for the appropriate building permit 25-13331 and at that time it was determined that a setback variance would be required. There have not been any prior variances for the subject property and this concludes my presentation. >> Thank you ma'am. Gentlemen questions for
staff. >> I actually I actually do have one. I mean the carport is in line with the house itself. I would assume the house itself would have been permitted uh for the setbacks or at least conforming to
the use. What what's the issue here? >> Well, we we don't required sign and sealed surveys. So, it could have been at the time they put on their survey or site plan at the when they submitted and it just was off a foot and a half or it was wrong or but now that they're
enclosing it and to create living issue. >> Okay. Hm. >> All right. Any other questions? Seeing none, is the applicant here? >> Is there bad traffic out there? >> It's the snow. >> It's the snow.
>> Temperature dropped to 60, >> I guess. >> Austin, it came a little fast, man. >> Beautiful. >> Um, all right. Chair would entertain a motion to continue this to the bottom of the agenda. >> Second. >> Second by Mr. Beley, a motion by the judge. Those in favor? Oh, sorry. Are
you the applicant, sir? No. >> Okay. You are now. >> All right. All those in favor? >> All right. Bottom of the agenda with that one. Number three. >> I know my applicants here for this one. Item number three is a request for a
front yard setback variance from 50 feet to 30 feet for a single family dwelling in the A1 agricultural district in the Eureka Hammock subdivision located on vacant lot 2Q on Miller Road. The lot's illegal parcel of record and was created
prior to Seminal County subdivision regulations being adopted in the early 1960s when the subject lot was created. The minimum lot size was 10,000 square feet. The proposed single family residence will be approximately 2,000 square feet and will encroach 20 feet into the
required front yard setback. There have not been any prior variances for the subject property. However, there have been multiple variances of the same for same exact setback on this street that were approved. Just it should look
familiar to some of you. And that concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. Seeing none, Miss Fischer, are you here? Anything you'd like to add? Any questions for the applicant? All right. Anyone here to speak in support of the
matter? Seeing none, anyone here to speak in opposition? Seeing none, gentlemen, your pleasure. >> Move to approve. >> Motion to approve the judge. Second by Mr. Beley. >> All those in favor? >> I opposed. >> Enjoy.
>> Number four. Item number four is a request for a front yard setback variance from 100 ft to 50 ft for detached carport in the A1 Agriculture District located at 4953 Nolan Road. The proposed carport will be
450 square feet and will encroach 49 ft into the required front yard setback. The applicant applied for the appropriate building permit, permit number 25-16111. It was determined at that time that a variance would be required. There have not been any prior variances for the
subject property. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. Seeing none, is the applicant here? Is there anything you'd like to add, sir? >> Gentlemen, do you have any questions for the applicant? All right. Anyone in the audience to speak in support of this
matter? Seeing none, anyone here to speak in opposition? Seeing none, your pleasure. >> Move to approve. We have a motion to approve for Mr. Le. >> A second from Mr. Beley. All those in favor?
>> I opposed. Enjoy. >> Number five. >> Item number five is a request for two requests. One is for a southside yard setback variance from 50 feet to 10 feet
and two a front yard setback variance from 100 ft to 50 ft for storage and produce stand in the A5 rural zoning classification district located at 3571 North County Road 426. The proposed
storage and produce dam will be 2,275 square feet and will encroach 40 feet into the required southside yard setback and 50 feet into the required front yard setback. On December 2nd, 2024, the following v
variances were approved for this property. A sideyard north setback variance from 10 feet to 8 feet for a shed. A sideyard north setback variance from 50 ft to 26 and 1/2 ft for a carport. A
side street south setback variance from 50 ft to 22 feet and a front yard setback variance from 100 ft to 47 1/2 ft for gazebo. One letter of opposition was received today and was placed on the dis for your
viewing pleasure from the neighbor located at 455 MLAN Lane. And this um also let me read into the record that should the board decide to approve the variance uh we have additional staff
conditions or recommended conditions. Um and I'd like to go ahead and read those. Please do >> um that the per the additional evidence received from code enforcement, the following conditions will have to be included with
the staff recommendation in the event of the B if the board approves the request. Produce sales must be in accordance with the land development code section 30.5.2 to and limited use permit condition for a plant nursery on-site produce produce
only. The applicant must submit a site development plan within 30 days from the board approval for this site of for site improvements. And that concludes my presentation. Should you have any questions, I'll be here to answer. >> Thank you, ma'am. Gentlemen, questions for Mr. Beley.
>> Mr. Chair, I heard you say that code enforcement had mentioned it. Are they in active code enforcement right now or it just >> for certain things? There are certain thing that that don't pertain to this variance but are on this property that they are in code violation for that
they'll be working through. >> Thank you, Andrew. >> Any other questions for staff? >> Have those have those issues been discussed with the petitioner? >> The additional staff recommendations. >> Yes. >> I'm I'm sorry. Is is is the applicant
aware of the additional staff recommendations? >> They are not. I just received these recommendations. Yes. >> Gotcha. Gotcha. All right. Any other questions for staff? >> Is the applicant here? Yes, ma'am. Please come on up because I think we're going to have questions.
If you'd share with us your name and address for the record. >> Yes. Hello. My name is Juana Lassabal. I'm um the owner of 3571 North County Road 426. Um well we um want basically these varants approved for um having a small
um extent produce that we we produce um fruits and vegetables in on site um and also for storage for our fertilizers and and things that we use for our nursery. >> Gotcha.
Anything else? Um, no. I just thought >> gentlemen questions. >> Would the ingress and ingress be on more than one road? >> Sorry. >> Sorry, not a good question. I didn't make it clear.
>> How many roads do you have? Many ways to get into the property. >> There is one one way. >> One way only because I look at the map and Okay. >> There is only just the one. Okay. >> It's it's on on like we have our own road. Um,
>> no, no not we don't use Mlane. We have our own road um by 426. >> Like 426. >> Yes. >> The the driveway that's kind of on the bottom left of that corner. >> Yeah, that's that's uh in our inside our property. >> Okay. >> We don't use MLAN. >> But you don't use it? >> No.
>> So there's no way somebody then would pass into the property off of the uh MLAN lane? No, we we um we always tell them um to go by 426. >> Oh, yeah. But if they're driving their car, how do they know? >> Because in the instructions like it's
always that we are on on 426 and the entrance is >> so they have something written instructions approving the meeting prior. >> Yeah. And then also um the gate of Mlane, there is a small gate that we only use for like taking the like the
beans, the trash because the trash comes from that side. But we don't use it. No, not even to to go with the car because it's too too small. We only use the the main gate. >> Mr. Beigley, do you have a question? >> I did. So, how long has this biz
business been how long you been doing this for? >> Um, it's only the one year and about six months. The first year technically not even because we had um the the hurricane um was really bad for us. Okay.
>> So, we lost a lot of our plans. Okay. So, >> so technically six months. >> One of the things that I know I look for speaking just for me and not for the rest of the the directors is >> when it looks for special easements, when it look or not easements, I'm sorry. When it looks for a special condition, what has changed? So, in the
year and a half that you've that you've been operating this or that you've owned this, what has changed now that you need this variance? So there has to be some sort of special circumstance or something that has has changed in order to add on or to take you know uh when we
ask for a variance. >> Yes. >> What's changed to to ask for this that would have a special >> I I have more plants now and we use more um fertilizers and we need a place to store like to for them not to be exposed
to the rain because they get bad. Um, and also like now we we have more produce and that we would like to to have there. >> Is it to grow then? To grow the business. Not now. I know you grow plants, but to grow the business. >> We're we're growing like it's not a big
business. It's just small. Um, like having the business there is allowing me to to grow and and I'm trying to save some money so I can buy a commercial place and then like move the business there. you you'll have a chance, I know, to speak with some of the people that will come afterwards that, you know,
because there is some opposition right now. We listen very carefully to everything. >> Have you had a chance to talk to your neighbors? Has anybody come to your business said, >> "I I don't like it for this reason." >> Um uh we had some issues with um the other neighbors on 426, and I' I've spoken with them already.
>> Okay. >> Um it's it's okay. Um the other neighbors across the street, they're super they they like our business. and also the the ones um across the street of of 426. >> Um but then other than that, I don't I I
haven't talked to anyone. No one has come with me um to talk to to me today. code enforcement was there and I talked to him um and he um he told me that it was the neighbor next door and I went to her house like to try to talk to her
like to see if there was any like something that um maybe like >> um she she didn't like um but I I couldn't find her. So >> I don't have her phone number or anything. So, um but we we don't the the
the code enforcement um told me that um basically she she said that people were using MLAN and they they haven't um we we only use 426. >> Okay. Well, I'm sure if they're here we'll hear from them. So, okay. Thank you very much. >> Thank you. >> Wait, wait. There might be there.
>> Any other questions, Mr. >> Leavon? Yes. Is there anywhere else on your property you could put the stand in the storage unit? uh with the other um places it's like I use it for more storage and like there is I
wanted to have like that designated area to to place um for the nursery that the storage. So >> Okay. >> Yeah. >> Thank you, >> Mr. Evans. Judge. >> Yeah. Um >> yeah, I've got I think maybe a followup
on uh Mr. Levant and one question for you. So, you're looking to open a produce stand to to grow the business. Are you actively selling produce to people now? >> Yes, we we sell some produce. Okay. Yes. But uh in order to
sell more, we need a a space because um then we won't be able to. So, we need to prepare before like start like >> doing more. But yeah, we've been um selling produce for a while and we sell also to restaurants. >> Okay. All right. So, you do have active
sales. All right. Um, now the the outline on the map, you know, the the red rectangle, so to speak, is on that little driveway that you said you don't really use. It's sort of proprietary on your own property, right? Are we able to go to the next the survey map? >> Um, >> just so she can kind of see.
>> There we go. Yeah. So, where the red box is, that's your your proposed spot, right? >> Yes. >> So, the complaint on the west side, and maybe it's this is too far, but I mean, is that road like a necessary? I mean, could you move the the building further east?
>> Uh, you mean the they wouldn't use MLAN? >> No, no, I understand. They would still be using, you know, your property, but they'd become there would be more space on the west side of the boundary. >> Mr. Evans. Is that too far? >> No. Ma'am, what I think what Mr. Evans is talking about is we're on the left of
the image. There's the red >> rectangle box >> that's on top of a gray curve that we're taking as a driveway or road or something like that. Yeah, we we are going to eliminate that um to to put that. >> So the main um entrance will be only by
Yes. >> Gotcha. Got that that actually clarifies a lot. >> We are going we are taking that because uh we don't want people to to park anymore. Some people like to stop by um just the the main road. >> Sure. >> So we want them to to Yeah. >> Okay.
>> So they're going to come in on that long road. >> Yes. Yes. >> The other little road is going to be gone. >> Gone. >> Okay. >> Yeah. We're we're going to remove it at all. >> And to follow up on the judge's question, so they'll come onto your property to park. They will not park on no 46 or MLAN?
>> No. Only in my property. And that's why I'm eliminating that. Um Yeah. And then like if if I put it more um towards the to meet the variance to meet the setback, I would be in the pond. So I and I will be blocking that main um
>> road. So Mr. Chair, may I >> please? >> There's a picture here that we have like actually, you know what? I'll wait for the complaint to come up and then I'll address that. >> Thank you. >> Any other questions for the applicant? >> Thank you, ma'am. Sorry. You have one? >> Yes. >> Now, you want the people are
anticipating to park on the property. Is there any type of notice on either highway not to park on the road? I I was going to just move everything and then put a sign because um but also
they were telling me that I cannot put um any like sign that says parking or anything like that. So it's like contradictory. Um I don't know really what what I can do or the solution, but I I only want them to go inside my property so I don't have any any other
problems. >> Sure. Okay. Any other questions? Well, I was concerned if if >> sure >> she knows not to make her own sign, but if she were to, it wouldn't be valid because it needs to be a state controlled type of sign. >> Yeah. If if I can put something that
will be great like because I always close now the the small gate and then then I told tell them to go inside like to not park um near the road. Um yeah, >> I guess that begs the question if I could ask staff either Miss Gates or
Miss Hamill. Is is there a process that she could uh apply to the county for some kind of signage, no parking, whatever? >> Because it it a county road, it would have to be like a rightaway use permit that to allow for the sign. But I think what the issue is is that
>> I mean like a county sign. >> A county sign. >> Yes. A typical no parking sign or something like that. >> I know we've done that. I don't know if it would be in this case because she's not supposed to be a commercial use. It's supposed to be advertised. is supposed to be agricultural in nature and I think that's the issue that's
happening with the sign. >> Okay. >> Gotcha. Gotcha. Thank you. That answers my question. Thank you, ma'am. >> And I actually have one more question. Um and >> you're not getting at >> and also we I'll need your help for it. So we had the three conditions that that staff said we need should we approve,
you would also have to uh acquies to these three other requirements. M >> uh one of them being you would only sell produce on site that you grow on site that you would comply with other county code and what was the third >> I think there were just were there two or three Miss Gates >> there were two
>> I'm sorry okay >> just those two then okay >> oh in the site development plan she'd have to submit a site development um is is that a problem >> oh no I I I'm here to follow the rules that was my last question >> okay I'll ask one last time any other
questions Thank you, ma'am. >> Okay. >> Is there anyone else in the audience to speak in support of this matter? >> Seeing none, moving to those who might be in opposition. I do have a u a form filled out by Tina Kohley, if I'm pronouncing that correctly. Miss Coley, did you want to speak? Yes.
>> Please. >> And if you'd give us your your your address as well, please. >> Surely. My name is Tina Coley. I live at 3543 North County Road 426. I am the one that owns MLAN Lane in 426. >> Um that other corner, the one that she said she couldn't find, but I'm always
there because I'm disabled. So, I don't understand that one. Anyways, um we're having a little issue with this because first of all, we've had three accidents, car accidents coming out of MLAN Lane and going into MLAN Lane in the past 15 months. Um there is a obstruction um that is there. I realize that she's
trying to go for a variance for a building she wishes to put on the property, but that's been there since 2023 and it's obstructing the view of the people coming down MLAN Lane trying to take a right-hand turn into and onto 426.
Um, they've also had a lot of different um and I realized she wants a building for fertilizer. She has a lot of plastic um kind of like Rubbermaid type big buildings all along MLAN Lane and a lot of storage and pots and things of that all along there. She uses that part of
the property now for storage. Um if there is a lot of fertilizers that is now bringing up another concern for me uh because that is a wet land that she lives on um or always has been. Um that pond the first picture was more appropriate of what it was supposed to
be. The second picture is not what it is today. And there was a code enforcement gentleman there today taking pictures to prove what it looks like today. Um it seems like they're building a parking lot on that little part over there that is there's no greenery there whatsoever.
It's all just ground. They've moved that pond at least 100 feet from MLAN Lane. They have filled in well more than a 100 dumpster dump trailers, dump trucks full of mulch and dirt and actually even took the gentleman across the street that he
claims they like took his driveway when he changed his driveway three months ago and that's now in the pond. Uh so we do have a problem with having a commercial property being on that corner. This is not an this is an agricultural situation. This is not a commercial
landing. um and it's being used as such. Um there let's see she's already spoken about the many code violations that are on here and as far as the variance is concerned there is no special hardship for this property to have this gazebo
building that's on there and all of the ones she said she's getting permits for are already existing. >> Gentlemen, any questions for Miss Kohley? >> Oh, and they use my property for for parking lately right in front of my fence. and they do go down MLAN Lane looking for the property. It's a very
easy thing to do. Looking for uh anybody on 426 MF Lane is very confusing. It's just a very small dirt private road and it's not supposed to be used by them actually at all. Not even to go into their property um because it's only for
the people that live on MLAN Lane and they have a a residential address of 426. >> Understand? Gentlemen, do you have questions for this person? Miss Coley, just the question that comes to mind, not not to be adversarial by any means.
As you were listening, staff had shared u three additional requirements they would want if if it was the the mood of this board to approve it with those conditions, would those would those address your concerns? >> Not really. There's way too much traffic
for that corner of the land. That's only a small piece of property. It's kind of like a pie shape, as you can see. And if people are starting to park on the outside of 426 or I don't know how they could possibly park on their property because there's supposed to be a pond on
their property. So where would they actually park? >> Gotcha. >> Um it does cause a lot of uh problems as far as the people are concerned on on MLAN Lane. I've gotten complaints from neighbors and I'm sure you've gotten another one from them as well that the more they fill in that wetland, the more
they're pushing that water somewhere else. Now I don't have a problem with it. I have a very high and dry property, but they've asked me to speak in their behalf as well. >> C can you please if if you can reach it on on the screen behind you, can you indicate where when you say the wetland area, >> which sounds distinct from the You mean
the pond? You do mean the pond. >> Well, originally. >> Okay. >> Use a pen. originally. I've got a actually I got a paper I drew. >> Oh, actually we >> This is what the pond looked like in 2000. >> Sure. Everybody here and the folks on TV.
>> Sorry. This is what the pond looked like in 2000. >> One second. The clerk. I'm sorry. The clerk's going to put it on the screen so folks hearing it and and and on on YouTube can see it. >> Sure. May I say ask while she's doing that,
are you anticipating a major success to where there'll be so much requirement for parking they couldn't accomplish it or you just figuring? >> No, actually right now it's being used as such. >> Pardon me. >> It's being used as such. We have delivery trucks going down MLAN Lane. We
They can't go down through her property right now because it's dangerous. They keep digging and putting and I've got photos and so does the guy from the code enforcement. They keep digging and putting large large um walls of dirt next to the fence line so you can't see inside and they keep digging the pond
out pushing concrete and fill in and then they fill it up and they get more deliveries. 10 15 trucks come up with more dirt with more concrete and they've been doing this since 2023. I've called several times to get some help on this situation and that just seems to be
allowed. >> So, so what is that showing? >> That's how big the pond used to be. >> No, >> the pond the pond in 1999 when I wanted to buy this property was over 75% of the property line. I was told that if I wish to purchase that property to put a home
on, I would have to only be able to to put a home on the back corner of the property like they did and I could fill up that land. But I could not use that land or fill that land in because it was a wet land. >> It's been underwater since the beginning of time. >> Is that a hand drawing or is that an
act? Is that a hand drawing or >> Yeah, that was me. You can also go on um reality.com and they will show you a picture of what the house in the pond looked like in 2021 when they put their property online. And you can still see the pond was much larger then. If you go
drive down there tomorrow, like I told the gentleman today, if you actually got into that pond at this point, you wouldn't be able to get very far. You would be hitting concrete. I've been watching this for a good long time. >> So, you know, we just make decision on variances. You're talking about code
enforcement. >> I understand. But if you give them a variance on this property, they're just going to keep pushing it because they have already done what they're trying to get you to let them do now. It's already accomplished on the property. >> We understand. Thank you, ma'am. Appreciate your input. >> No problem.
>> Is there anyone else in the audience to speak in opposition? >> Seeing none, I think it's only fair if the applicant would like to come in and and and share some last thoughts and a rebuttal. >> Um, okay. So,
the the pond um we haven't um I I know like um they've been calling um to the county and Sarah from environmental went there and saw he spoke to to the person that was working and putting the dirt
because it was super low and we we've been flooded almost got to the house because it's super low. um the person before us that had the land took a lot of um dirt out of the property. So um we
we haven't done like broken any rule because we're just going um on the same even we are lower than other the other properties around and even the the neighbors across like they have a huge like wall of dirt and and when hurricane
comes we get all the water from the neighbors. So we are not like uh when I spoke to Sarah and she said like we are not doing nothing wrong the the pond it's impossible to fill a pond that big
like I will need a thousand I feel like you you probably don't understand but we we will need so much dirt and it's so expensive right now dirt is what two thou 250 a load so it's impossible like
I I wouldn't like be able to to to do that much. Um, we've been trying just to to keep the land um for us to be able to to live good and without like flooding. So, our plants like are like not go
rotten or or go bad like because we lost um so much before. Um, and we we never use Mlane. We always use our own road. And if they are saying like Mlane, they own Mlane and they don't own I know the owner of Mlane because he offered me to
buy it. Um I was going to buy the whole road. Um and and the owner is team priest that he sold me the land too. Um and he owns all the road and the corner which I'll probably purchase. But um
yeah, I I never use it because I don't want to to have any problems with the neighbors around. Um I I'm just using my own road. Um so yeah, and if they go, it's just Amazon that delivers there and they leave. And
yeah, I don't know what what to say. >> I understand. Thank gentlemen. Do you have any questions for the applicant while she's here? >> Got Thank you, ma'am. Appreciate that. >> Do you have um does staff have additional image? Something for us to look at? >> Yes.
We'll see in 2023. >> The microphone's not working. >> 2023. The >> No, no, I'm saying the microphone's not working for uh >> for the folks on TV. >> That image is from 2023 for you guys who are
>> when when her that was when the hurricane happened and we got water. If you took an image that time, we got water all the way like back almost getting to the house. Mhm. >> It was like a like a huge pond, but then
in the in the dry season, everything like shrinks. >> Are you in a flood? >> Sorry. >> Are you in a flood zone? >> Um >> FEMA flood map. Are you in a 100red-year flood plane? >> I don't I don't know exactly, but probably that that area should be a a
flooding. Jay, >> you can put on the layer for the flood. Okay. While while the clerk is working on this, what what is being presented to show us? Is there is there something on that laptop that we're >> Yeah, she's going to pull up the layer
for the flood zone. >> Gotcha. and as a curt and we can also look at different years of the the pond if you want to if it's the board's pleasure but she's just trying to pull up the environmental layers. >> So I see what FEMA is saying I'll be
curious to see what you guys for >> and while the clerk's still working on that may I ask a question to staff? >> Sure. Um, so the the big concern that uh the opposition had was was traffic, especially on the 426 and the safety thereof. Has has traffic engineering
approved this variance? >> We didn't seek traffic engineering approval because essentially they could build a house right there at 50 ft. >> Okay. >> So effectively traffic engineering didn't care because it's our zoning
requirements. send anything to traffic engineering because if the house originally were allowed to be built there, it could be 50 ft from the front yard. We're only requiring them to do that because it's projecting in front of the main residence. Although it looks like two
separate lots, property appraiser separates it for the A use. One's the homestead exemption and one's the A use. >> Gotcha. Okay. >> There's no FEMA. >> Yeah, I didn't show it on my end. FEMA's it's not a 100-year flood plan. >> The the wetland. >> The wetland. >> Thank you. That's what I thought. Got
you. Thank you, ma'am. >> Yes. >> Thanks. >> That will close uh we will I will close the floor to testimony and input. Uh let's do this. Why don't we make um chair entertain a motion and then let's
have a conversation and then take a vote. Uh is there a motion? >> I make a motion to deny. >> A motion to deny for Mr. Beley. Is there a second? >> Second. >> Second for Mr. Leavant. your motion, your thoughts. >> So, one of the things, Mr. Chair, that we look at is always the hardships.
We've turned down many things before with hardships before. I I understand of business growth, but when we all look at businesses, we look at how it can grow legally and how it can go outwards, especially living in a neighborhood like this and how it's zoned. Um I I I am all
for business growth and I I do understand that it's it's important but it's also picking where that growth is going to be happening so it doesn't affect neighbors which I think that is where we come in is where that where that comes in like the pond and stuff all that stuff is it's that's D that's
uh the county that's flood mitigation that's all that stuff has nothing to do with us mitigate but the I think growing would be a problem right now is it would it cause further issues in that area which we've heard from residents, we've read from also as well.
That's just my point of view is the hardship's just not there. But that's just my opinion. >> That's a fair point. Mr. Levant, did you have a comment? >> Yes. Looking at the opposition for the structure itself, it seems that there is strong opposition uh from the neighbors
um and as well as uh the traffic and safety. Um, so our possible approving of the structure could lead to more damages down the line. >> Mr. Evans, do you have a thought? >> Yeah, I mean my my concern is the where
does aggro tourism become commercial enterprise and would this variance be more conducive to a commercial venture and agourist venture? Um, and that's that's really sort of the the piece I'm chewing on. So,
>> Judge, you have thoughts? >> Yeah, I I because I'm always in favor of progress in in business, but in looking at the picture, uh I don't know what kind of parking requirements would anticipate, but it looks like they're going to have to remove foliage or trees
or something. It just doesn't appear to be adequate. >> Gotcha. Um unless there's any other comments, I think I'll go ahead and call the vote. Good with that. >> Yes, sir. So, we have a motion to deny the application and we have a second. Those in favor? >> I opposed.
>> So, the matter is denied. Ma'am, I'm sorry, but if you do want to appeal this to the county commission after the meeting, staff can help you with with that process. Um, with that, now we're on to number six. >> Okay. Item number is item number six?
>> Yes, ma'am. >> Okay. Sorry, I can't count. Item number six is a request for a southside yard setback variance from 10 feet to three to three and a half feet for a covered boat dock in the R1A single family dwell dwelling district in the St. John's
River Estate subdivision located at 1731 Perch Lane. The subject property is proposing a boat dock that will be 480 square ft and will encroach 6 and 1/2 ft into the required southside yard setback. A letter of support was
received from the neighbor located at 4460 Canal Drive. >> There have not been any other prior variances. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. >> So, there's a letter a letter of
support. Um, I wasn't showing that in my packet, which what was the address on that? >> Check the screen directly across Canal. Yeah, >> got you. You got You're good, Andrew. Thanks. >> Any other questions for staff?
See, is the applicant here? Would you mind coming down, sir? I think we have a couple of questions and you might have some thoughts, too. >> If you would please, sir, share with us your name and address for the record. I'm Joe Hudson, 1731 Perch Lane,
Sanford. >> Before we ask you questions, do you have anything you want to add to what staff had shared? >> There should be four letters of support from my neighbors in the packet that I submitted um
all adjacent land owners. The >> Mr. Mr. Hudson, if I can interrupt you just real quick there. Any chance those letters came in and just not in time to get in our packets or >> I only received one. >> Okay. >> I I submitted them with my
application. >> Mhm. >> Well, no, it was the day after. No, let's see. I did the application on Friday and brought the letters in on Monday. >> Gotcha. You're you're telling us though speaks volumes and that's and that's okay. But please continue what you were sharing.
>> Um I have a recessed area. I'm on a canal to the river, St. John's River, and there's my house was built in 1960, and a previous owner, probably around the
same time, put in a recessed boat port area with concrete walls on three sides. And uh I just want to put a boat dock with a lift inside that with a roof
on there. >> It's it's an existing area. I just want to be able to have to take the boats, lift them out of the water with a covered area. >> Got you. Gentlemen, any questions for Mr. Hudson? >> Mr. Chair, >> Mr. Beigley.
>> So, we're not changing any of the wall structure or anything. We're just putting an accessory in for a boat lift essentially. Correct. >> Yes. Just putting it right inside the existing boat port, if you will. >> Cool. Thank you, sir. >> Any other questions for the applicant? >> I have one. Um, it is semi unrelated. If
you all entertain me, I promised my wife. Uh, how many alligators do you see on your little canal? >> They're they're there. There's always one in the canal. >> Okay. Right off like Monro. I figured so. >> Yeah. >> Any other questions? All right. Thank
you, sir. Is there anyone in the audience to speak in support of this matter? Seeing none, anyone here to speak in opposition to the matter? Seeing none, your pleasure, gentlemen. Move to approve, Mr. Chair. >> Motion to approve, Mr. Beley. You have a second from Judge Bravo. Those in favor?
I >> opposed. Enjoy, sir. >> Thank you. >> Number seven. >> Number seven, Kathy Hamill Development Services. Number seven is located at 5819 Bear Lake Circle. This is a request for north sideyard stepback bearings from 10 feet to 3.58 feet for an
addition in the R1A zoning classification which is known as Parkinson subdivision first edition. The applicant wants to put a second story on their house but it already encroaches um to 3.58 ft. So this house was built in
the 1950s. So we considered this house to be legal non-conforming. At the time the house was constructed. There were no setbacks that were adopted by the county. any development that happens after the adoption of the zoning must comply with the setbacks. And this is what this situation is. Um, and this is
a variance from the sideyard setback which is 30.7.3. There's not been any variances prior on this piece of property. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, any questions for staff? >> Is the applicant here?
>> He's not, but I'm actually here on behalf of his representation. >> All right. Would you like to speak? >> U if you guys have any questions. >> Come on down. >> Are you Mr. Maldonado? >> I am Mr. Maldonado. >> Well, that makes one thing easy. There we go.
>> So, actually, >> if you chair with us first, for the record, your your name and address, please. >> Uh, yes. Uh, Frank Maldonado. Um, do you want my personal address or the property address? >> Yours, please. >> Um, so it's uh 524 uh Glenn Arden Road, Winter Park, Florida, 32792. >> Thank you, sir. Are you here as uh as as
an attorney or a contractor or >> So I'm here on behalf of the uh design firm uh who's done the uh design documentation for for this property. >> Gotcha. Please continue. >> Um so I actually uh do have two letters of uh support from um neighbors here that I I uh want to go ahead and submit.
Um >> where are they located? >> Um so this is going to be directly to the right of the property and directly across from the property. Gotcha. So uh Mr. Smith. Uh they they they love this property. Uh they they're dream
it's pretty much their forever home. Um they're thinking generational. Um so what they want to do is they want to um pretty much add a a second floor uh above where the garage area is. Kind of convert that into a suite where in the future um their their children can bring
uh their grandkids over and have a nice area to to pretty much stay in. Um, and they also want to do a nice uh balcony in the back to take advantage of of the lake view that that they're on on uh Bear Lake there. >> That's pretty much all I got. >> Okay, easy enough. Um, gentlemen, any
questions for the applicant applicant's representative? Mr. Beigley? >> Mr. Chair, um, so 5827 5803 are your neighbors. They're both cool. I looked at the address quickly as I was passing it over that way. They're both in full agreement with this. Support it.
>> Full support. Yes. >> Thank you. >> Any other questions? >> Thank you, sir. >> Of course. Thank you, guys. >> So, 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. >> Motion to approve from the judge. Is there a second? >> Second. >> Second, Mr. Levant. Um, do y'all feel any need for discussion? Those in favor? I >> opposed. All right, enjoy. >> Next item is at 601 Lakeshore Drive.
This is a request for a north sideyard setback variance from 10 ft to zero feet for a shed that's in the R1A zoning classification, which is known as the Oakland Shore subdivision. The applicant placed 106qt shed on their north property line without the proper
permits. Therefore, they received a code violation for unpermitted construction. The applicant property is a corner lot. So therefore, the north property line where the shed is located at is considered to be a sideyard setback with a setback of 10 ft.
This is property that that you may be familiar with. There are prior variances. Last year it was granted a front yard setback variance for a swimming pool. >> Never heard of it. >> That variance and has been terminated um and the pool has been um filled in with
lack of any other terms. So that that variance has been um um terminated. We have received a letter of support from the north property owner that is directly um abuing the north side. We also received letters of oppositions
from the neighbor across the street at 512 Lakeshore Drive. And we also see received a letter of support from their neighbor at 510 Lakeshore Drive. And this concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. So Kathy, two supports, one
oppose. >> Correct. >> Well, it's a husband and wife. So I would say there's two opposed >> because they can have separate opinions, >> but same property. Yes. >> Yeah. >> Yeah. I would give them two opposition. >> Two. It is. Thank you.
>> He's just supporting whatever she thinks. And >> any other questions for staff? Is the applicant here? I know you guys. Come on down. I recognize, I should say, >> if you'd share with us your name and
address for the record, please. >> Uh, my name is Robbie Taylor from 601 Alex Drive, Mland, Florida. >> I'm Melissa Taylor. Same address. >> Okay. You have anything you'd like to add to what staff had said? >> Uh, just that because our home is set so far back on our lot, there's no other
place we could put a shed other than in that back area. And it is a it's a 106 square foot shed. It's not a large workshop type shed. It's a regular storage shed. >> Gentlemen, any questions? >> We have one. >> Mr. Beley.
>> Um, when it comes down to the shed, how uh and I'm sure the person is opposition if they're going to be here. If not, I'm just going to ask the question. You have a fence back there, right? It goes around your property. How tall is that fence? Uh the one in the front is about about seven eight foot which matches the
neighbor next to me because her pool deck is basically higher than like her property. Okay. >> So her fence is about 8t. So I did it at the same height. >> So if you're looking at the front from like my driveway, you won't even see the shed at all. >> So I was going to ask how tall is that
um the shed that you're asking for? Uh the shed is about six probably uh like six seven foot tall >> and it's not visible at all from any >> other than your yard. >> And >> right the front of the driveway
>> see the very peak. >> You might see the very peak but I just left it at the the fence level as my neighbors to match the fence. >> I think we have a picture of what you can see from the street. She's >> also have another a person across the
street from us sign a letter for us. So we do have more than >> No, it's me. >> Oh, we also have a letter from the person. >> Give that to the cleric right there, please. >> Thank you. The person. >> So right now you just see like a little
>> that triangle at the top. That's what you can see. >> Mr. Beigley, any other questions? >> No, Mr. Chair. Thank you. >> Rest of the board. Any questions? >> A picture of the shed. It's in the package. Is that what you anticipate it's going to look like or is it already there?
>> It's already there. >> It's already there. And all of that debris in front of it was from the prior variance. That's normally >> for how long has the shed been there? >> Uh I'm thinking a little almost a year. >> And I I see where your neighbor, the
directly affected neighbor there at 500 Magnolia is okay. What about the folks to your left looking at at this map here at 603? Have you chatted with them? >> Uh, we have not. >> We did it because they can't see it from where they are. It doesn't really affect
them, but they we're friendly with them. They haven't opposed anything we've done. >> So, we kind of just went with the people that can directly see it if they were looking at our house. I'm just, you know, one across the street has no visible view of it at all. So, the ones that actually would have a view at the
top would be the Andy across the street and Carl and our neighbor next door, Darin. It's literally next door to her. She's fine with it as well. >> When you say at the top, is there is there kind of a slope going down there? >> Uh, it was just at the peak of the shed that >> Oh, I got you. I got you.
>> But everything else is like I made it where you know I mean I'll even add another piece of board if I have to. So, >> topographically speaking then it's it's pretty flat in that area. So, there's not as Mr. as the chair. >> Oh, the land. Oh, the land's flat. Yes. >> Thank you. >> Yes. Yes. That's my apologies.
>> All right. Any any other questions? Thank you. Unless there's anything else you'd like to add. >> All right. Thank you. >> Appreciate it. >> Anyone in the audience here to speak in support of the matter? Seeing none, anyone in the audience to speak in opposition?
Seeing none, what's your pleasure, gentlemen? >> Miss Fischer is here. All right. >> Good evening. >> Double dipping. >> I know. I know, I know, I know. For the record, Kim Fischer, 1614 White Dope Drive, Winter Springs, Florida 32708.
Um, for the record, this is my first time ever speaking in opposition for something. And and I will say to lovely staff, I didn't know I would be speaking in opposition. I don't want to bombard anybody um until very recently. >> Before you leave tonight, would you fill out one of the forms, please?
>> I did, but I forgot to put the agenda. Oh, >> okay. >> The the item. >> It's in there then. Cool. All right. Thank you. >> Um Okay. So my issue really really has nothing to do with visual but um if you were to go the proper method and get a permit engineering has a rule where you
can't put anything within 3 ft of a property line and that is so that you don't impede drainage. In this case we've got all the way to the property line and the pitch of the roof is directly onto the adjacent property owner. the adjacent property owner may
be fine with it until you have a future property owner or until something happens with storm where you've impeded the flow of water. So when you go through a variance nothing because of staff engineering isn't included in the process for a variance. So there's no
way for engineering to speak up and say hey this is our rule you can't have any structures within 3 ft in order to not impede the passage of storm water. So, I'm opposed to it for those purposes because that is what the rule is in the
code is to have no structures within 3 ft of a property line. >> Gentlemen, any questions? >> Are you a neighbor or >> I'm sorry? I'm sorry. I I'm I'm the engineer for the people across the street that are opposed to it.
>> Any other questions? Thank you, ma'am. Kathy. So they do engineering does review it at the building permit process. So if they had issues with it, that would be the time that they would review it. They don't review our variance applications. And I don't know if there's an opportunity, Kim, for
there to be a a gutter on this. >> Well, would address it. >> Um the problem is is even if there's a gutter, your drainage is supposed to be from the rear to the front. And so you've got this 100% blocked. So there's no way for the drainage to go anywhere
other than to be stuck there. And so Kathy, it's correct. If if there would have been a building permit, this would have gotten flagged by engineering. Engineering would have said no because you're within 3 ft of the property line. And so since we've kind of gone around
about this process by doing a variance after the fact, engineering isn't included in variances and therefore engineering doesn't get an opinion. But the code is no structures within 3 ft. The code is no pool structures, no pool equipment, um nothing that's going to
impede the passage of storm water within 3 ft. >> Thank you, ma'am. >> You're welcome. >> Anyone else in the audience speak in opposition? Seeing none, I think seeing how part of our job is to
uh gather competent substantial evidence and we have had a a PE level engineer share her thoughts. Would you all like to say something in response to that? So to the right of my shed, there is about about a 4ft walkway where the
water would definitely go if I did get a downpour from the water coming from the front of my uh from the back of my house to the front of the house. So there is a way for water to go. It's not going to get stuck on the shed. Plus the shed is elevated um because um on the sheds I do
have like a two by fours that actually go on the ground. So it's actually hollow underneath. So water would basically have no issue of going to the backyard to the front yard. So um that doesn't really I mean if I if I needed to put a gutter on it, I could put a
gutter on it, not a problem. But where the shed is, it's not like a permanently structured shed that has like concrete underneath of it. It is definitely hollow. So water can go to the front and go to my driveway into the drainage ditch which is provided from you guys some county. So
>> is it is it concrete where I know it's risen, but under under the shed, is it concrete? >> Yeah. >> Okay. >> Yeah. So water 100% goes through that. No issues at all. >> And when you mentioned a walkway, looking at this photograph here, is it just is it underneath the overhang
between the shed and the house? >> Yeah. But um >> if you point, we'll follow we'll follow what you're saying. So basically um here I have a walkway but if the water basically goes this way it could definitely go here but alpha like this
whole shed is like I said about 4 in off the ground. So water can definitely go this way uh underneath the shed which would go out to the front and basically go down my driveway. So there's nowhere water is going to stay back there. So
>> gentlemen, any other questions? Mr. Evans. So the the opposition was was that water falls onto the neighbor's address. Do you believe that water is because I mean from the aerial it does look plausible that the runoff could go?
>> I mean I haven't >> we've had significant rainstorms since we've had the shed in place and there hasn't been any issue with water going onto her property >> and and with that does that mean the neighbor hasn't complained or you have visually seen that there's no water intrusion? >> We're friendly with the neighbor. She we
talk frequently if if there was any issue she would definitely >> so if that would be the case I I could easily put a gutter on that to relieve that issue. So a question to staff I would say is you know what what I'm trying to think how to how to ask
this the the engineering of it a homeowner has the right to flood not flood but they can put their drainage on their own property right I mean are there specific rules we should look into for that I mean it's it's a valid concern I mean because again this
neighbor may not be there forever and we do need to protect property rights for everyone >> um and and you dumping your water is a property issue. >> Sure. >> Displacing your water, I know, onto somebody else's property. Unfortunately, I live in a in a neighborhood that floods quite a bit and displacing your
water onto someone else's property is that's a big no no, right? You can't make it somebody else's burden. But >> absolutely >> Kathy >> um >> there is one thing that I want to include in this is that when we reviewing when engineering is reviewing
drainage is reviewing building permits they have to show where it drains to as part of the building permit. That's been a new requirement that we've had. So they would at building permit time have to show where it's draining on their site plan. you know, it doesn't
naturally drain toward the the street or toward their neighbor's property. >> And that review would occur at this hearing should we approve the variance. >> Correct. >> So, there will be an engineering review that could potentially deny it. >> Correct.
>> Or conversely, an engineering review that the applicant could create concessions with. Correct. Like they could have a gutter that displaces water only onto their property. >> There could be options for further. Yeah. Typically, it's a swale, but they don't have the opportunity to correct. >> Yeah. Put a gut on it with a down spout
and basically then have it, you know, the water go on my property to the front like it does now. >> Sure. I I do have one further question for the applicant that I don't think we asked. The you know, you you put this shed up without the permit, right? >> Yes. >> And and maybe it I'm I'm unfairly
holding against you, but I mean, you you did come in as a a licensed contractor, as a pool uh designer. >> Sure. Why didn't you pull the permit in the first place? >> Um, unfortunately I don't know the answer to that. I should have. I had a shed on
there for the last 18 years and I just replaced it with another one. So >> Oh, >> and one's been there for a very long time. >> Do we have aerial when you said it's been there for a year? Do we happen to have aerial of the old shed? >> I had one there and a small one on the other. I moved it to the other side of
the yard, but it kind of just broke and I had to get a new one. And when I got that one, that's the only place that would fit. >> Okay. So, the other shed was not in that exact place. >> It was, but I moved it. >> It was like three times. Been there for 20 years. >> Sure.
>> Any other questions? >> Thank you. >> My question is >> Oh, sorry. Wait, we got one more. Judge Judge Robbo. >> My question is which way is the water going? Because it looks like if it goes one way, it goes out to the street. >> If it goes to the other way, is that going to another property?
>> No. Uh, literally like her her so her swimming pool is literally like two foot off the ground. So my backyard, um, I'm looking at a twoft wall basically on my, you know, splitting into two pieces of property. Um, so her, you know, her
water comes and pours on my property and, you know, I just let it do it because I have no choice because >> rather than you flooding them, they're flooding you. >> Yes. But I'm okay with that because we're good neighbors. Um, so the our my backyard floods out towards the street.
So this these two cars. So everything my way is going that way out to the street and into the drainage ement. So the way the Sino County came and dredged the yard uh the the dirt I mean sorry the the U roadway all the
water goes into the drainage ditch which is like right to the right of that tree >> which goes to the lake. >> Nothing no doesn't flood anything else at all. So so there's nothing flooding anybody's property. If there is um a way that I I can
definitely put a gutter on it if I have to to make sure it doesn't get on Darin's property and that would be an easy fix I can definitely do. >> Gotcha. Thank you. And and appreciate it. We're done now. I think >> Oh, did you have another question? >> Yes, I have. >> But wait, there's one more.
>> My apologies. >> No worries. >> Uh if I understand one of your comments correctly, where the current shed is, you said the original shed was originally there. There was one I had one there, then I moved it to another like two different areas in the yard. >> It was smaller. >> It was a little bit smaller, but um as
stuff grows, you know, I don't have a garage, so had to get a little bit bigger one, but it was there years ago and at the same location. >> And since it was in that same location, was there a permit for that original shed? >> No, it was a Rubbermaid. >> Okay.
>> Like nothing nothing the size of this one. >> Okay. Thank you. Mhm. >> To help Jay out, what year do you think that would be that we would show it at this location, the old shed at this location? >> Like 2023? >> No, I was uh when did we move in?
>> We moved down in 2004. >> So, >> I mean, did you immediately when you bought this new shed? At the time you bought that, was the old shed still there? >> No, it already fell apart. >> So, about how much time span do you think there was between the new shed and the old shed falling apart? Uh probably
six months or so. >> I So if we go within a year or two then of you getting this one, >> we should see it. >> I would imagine. Yeah. >> Okay. >> But you'd see it on the other side. >> Oh, I see it. >> Probably. >> You can barely see it, but 2013 there's a smaller shed in the same location.
>> Is it possible to And I appreciate you pulling that up for us. Can it be zoomed in on that image? Okay, gotcha. >> Yeah, you can see. There we go. Right there. It's a little bit smaller, but it's
there in 201213. >> Gotcha. Thank you, ma'am. And thank you for your time. >> One more. The comment was that the the um shed is with within three feet which was
announced as a violation. Uh so there is something there already because the sheds already there. >> Yes. >> Yeah. >> How long has that been there? >> Uh the new shed's probably almost about a year. >> But the old shed >> uh I fell down about I would say before
that except it's been a year about a year and a half. How many years was the old set up? >> Uh I mean from like we've been here almost 20 years. So probably >> over 20 years. >> 17. >> Is that within 3 ft also? >> Yeah. I have nowhere to unfortunately
>> it's it's very tight in our backyard where we have no room back there. >> All right. Let's go and close the floor. Thank I appreciate that. Thank you. I think we we've got what we need. Um let's let's have let's have a motion for
discussion purposes. Is there a motion? >> Motion to approve. >> Motion to approve. Mr. Evans, is there a second? >> Second. >> Mr. Levant seconded. Uh, Mr. Evans, your motion. Your thoughts? >> Um, you know, I certainly see the opposition. Uh, and I I appreciate the
the discussion from our staff to know that, you know, should the variance be approved, engineering will still have an opportunity to to review that and still deny the the position. So, um, but I I think we've we've approved sheds
for for less. So, not that we have any precedence that that binds us, but you know, >> Mr. Levant, you're seconded. You you have thoughts? >> No. For the Fox, >> Mr. Beley. >> So, you are correct. Yeah, we've approved sheds for way less before. Um,
but I I liked the one question of did we about the shed about did you go ahead and um why didn't you ask for one? I think that was a great question and like I said it's kind of creating the hardship of okay so I'm struggling is yes we have definitely that's the
president and we have sent uh but on the other hand it's like but I didn't know is it's literally construction that's I I look at that as well as the I didn't know did you not know or did you just put it there and there's there's also
that side for you know why we have codes and why we have variances in seminal county is to abide by that as well. But that's just >> I I think honestly to piggyback on that, I mean again it's harmful that that we've seen them recently, but they are
professional contractors as well and I do think that does make it a bigger hardship to not have the permit in the first place. >> Judge, you have anything to add? >> No, I think I do my question. >> Okay. I don't if I said anything, I think I'd be duplicative of what you guys are saying. So, we have a motion to
approve. It has been seconded. >> Mr. Sure. I was and just for clarity, is this motion contingent on obtain or is is the approval contingent on obtaining the requisite engineering approvals? Is that is that what we're putting in the in the motion?
>> It wasn't in the motion. My understanding, and I could be completely wrong. I think I misunderstood, Miss Hamill, was that engineering review is a normal process that it doesn't I don't think it needs to be contingent on that. >> That's that's okay. I'm I'm okay then. >> That is right, Kath. Miss Hamilton, that
is correct. Right. >> That is correct. >> Thank you. >> All right. So, we have a motion to approve uh with no contingencies. Uh and we have a second. Those in favor? >> I opposed. >> Passes. >> Before we move on, we've been going for
about an hour, a little over an hour. Do any of y'all need a restroom break or we good to keep going? >> We're good to keep going. >> Good times roll. >> What's that? >> Let the good times roll, Mr. Chair. Uh that's why we're on to number nine then. >> Yep. Good times. Um number nine is Jace
Court. This is lot 25. It's a request for a lot size variance from 1 acre to 0.29 acre and a width at the building line from 150 ft to 103 feet for a single family home. The subject properties within the Lake Harney Ranch estate subdivision which is an
unrecorded plat in the rural area. This lot is considered to be legal non-conforming, which meant it was created prior to zoning regulations, but now does not meet the dimensional requirements of A1 zoning. A lot research request was requested by the applicant, which I
included in your package, and in the lot research request, it stated that the subject parcel predates subdivision regulations of Smol County and is considered to be legal parcel of record. However, since the parcel had common ownership with adjacent non-conforming lots, they must be combined into
compliance with the A1 zoning district per our comprehensive plan. Due to these circumstances, Sino County cannot issue building permits at this time for lot 25 alone. Lot 25 through 27 should be combined to meet the minimum lot size and width. So, the applicant owned all
three of the lots, 25, 26, and 27. Came in, did the lot research. We said you must combine them to meet the minimum variant or minimum size um that's closest to the A1 zoning. He built a house on lots 26 and 27 and he can
clarify, but I believe that he sold lot 25. they came in to get a building permit and we rejected the building permit and said that you need to come in that you are legally allowed the process to be able to ask for the dimensional um reduction of the the requirements of the
lot. Um so based upon the lot research and comprehensive plan, we are recommending that parcel 25 be combined with lots 26 and 27. And this concludes my presentation. >> Gentlemen, questions for staff.
>> I have one Um, so the the com the assemblage of the lots >> when when that was done that that Seminal County required it so they could build the original house on 2627 you said right was that publicly recorded
like that that requirement >> record it's it's in our comprehensive plan so I don't know what you mean by recorded so it's a legal document >> so I so I mean specifically on title like Would it have been recorded with the title when they they had the home deed? >> No.
>> And there would there have been any title restrictions on lot 25 when the home was sold because of this. >> I think the land development code would trump anything like that. >> Well, that's that's kind of what I'm going for because like the I mean if it was shown on title insurance,
>> the title companies do not catch things like this >> at all. This is something that they would not go into that deep in the title search. So then, so so then I think that answers my question. There wasn't a publicly recorded uh restriction on the deed. >> Okay. There is not.
>> Any other questions for staff? >> I just my curiosity. The little bit of of land to the direct west. Is that just a a part of is that a a vacated road or >> No, it's it's actually a a platted road
as part of this is a very very old plat. So that is part of the plat. >> Wow. So, it's still active. >> It's You can see that it's a p It's a paper road, but it hasn't been vacated. >> Huh. Okay. Thank you, ma'am. Uh, is the applicant here? >> Yes.
>> Yes, sir. Come on down, please. You need to straighten this out for us as we are easily confused. >> It's a very confusing area. And >> if you would please, sir, share with us your name and address.
>> It's Austin Failer. address is 354 North Stungle Road. >> All right. Do you have anything to add to what staff had said? >> Yeah. So, what they're saying is correct, but basically that parcel was sold off. Um, we built a house on 26 to 27, sold it. There was no restrictions
on having to build that house and have lot 25 attached to it. So, we sold that separately, sold the lot 25, and then they had an issue with getting a building permit. I also own JH. It's actually a private It's private property. it was just platted as a as a
road. So, what I was trying to do is combine that lot with the JTOR parcel and that way it would meet the lot size and the lot width requirements. Also, I wasn't allowed to questions. >> Mr. Evans, did you have one?
>> Um, you can pass on me if anybody else has anything. I'm still thinking. >> Yeah, >> I actually have a question. >> Yes, ma'am. >> May I? So, you're saying that that that ride ofway that's to the west of it that if you included that if you went in and vacated that, you would only get half of it.
>> Well, it's not vacated. It's privately owned. I own it. >> It's an unreed. >> Okay. So, we But he still has to vacate it, right? No, >> it's not a rightway. >> It's not right away. It's private property. >> Okay. Thanks. >> What it is is that we have very old plats that they were accepted by the
county, but they were never recorded. And this is one of them. And this is is we call them antiquated plats. So they were plats that were done prior to the adoption of our code. But unfortunately these are like quarter acre lots that's in our rural area that has A1 zoning. >> Good old Florida land boom days.
>> Yeah. >> Gotcha. Any other questions for staff? I mean for the applicant. >> Thank you, sir. >> Is there anyone here to speak in support of this matter? Seeing none, is anyone here to speak in opposition?
Yes, ma'am. Yes, ma'am. Miss Able, >> I did receive a email that's included in your package for opposition. I apologize I didn't say it during my presentation. >> Thank you, ma'am. Ma'am, you did you want to come down and say something, >> please? >> Did you fill out one of our forms? >> I did.
>> All right. >> Jessica, I told it out when I If you give us your name and address first for the record, please. >> Yes, sir. My name is Jessica Linton and I live at 1360 Jace Court. So, um I'm on lot 26 and 27. So, um when we had
purchased the home, we were told that someone did own the other piece. Um I have spoken to uh Mr. Fowler in regards to possibly purchasing this. Um this was probably 6 months ago, I would say. Um during the conversation, he had also mentioned to
me that he would be willing to sell lot 25 and include the road in which he's talking about possibly including with 25 right now because he does own it. Um so my husband and I had come up and actually asked the building department some questions because I wanted to see
how that would work. Um I was told by the building department when I came in that that was not a good idea. um that we should not offer to buy it, including the road um because it's really unusable land. The reason I say that is the lots
that are across from us, um an older gentleman owns five lots. All of his lots are not combined. So, if he were to pass away and his um predecessors would go to sell that off um they would need access to that road as well to reach their land. Um I do have some concerns.
One of them being that when it comes to septic drainage and wells, there has to be a minimum of 75 ft apart. Um, when looking at it, I just want to know how that's safely going to be done where it does not impact us as well. Um, because when you're looking at the photo, the
front of my house, um, in the bottom left corner of the map is where our well is and our septic is in the, um, back right hand corner. So, I just want to know how that's going to be done in a safe manner. Okay.
Anything else? >> Um the only other thing that I will add is just that it is a rural area. Um and it's a real estate side of things. Building a smaller home in this area is going to be a much harder sell. Um I don't say that in out of selfishness,
but I do say it out of I've seen it personally. Um when we were on our house search, we had gone to look at much smaller homes on about this similar size lot. And it's just very hard. um it's not good for building a family, things like that. So, they're a little bit harder to sell. So, that's one of my other concerns is I don't think it
really fits the rural area of Geneva. >> Understand? Gentlemen, any questions? >> Thank you, ma'am. >> Thank you. >> Is there anyone else here to speak in opposition? Uh I think for the applicant, there was a uh a question about a septic tank that I think it'd be fair to give you an
opportunity to come on down in a rebuttal to address if you'd like. >> Yeah. if you can pull up the uh it shows the flop thing on there and that it satisfies all the setback requirements.
So the proposed well will be basically like right right next to her well and the drain will be in the back and we're actually doing a specialty system as well. Uh and >> I'm sorry to interrupt you, sir. So I see the proposed drain field top right. The well is right here. >> That's the well I'm talking about the drain field though. That's that's top
right. >> Yeah. Gotcha. Thank you. >> Yeah. So, we're actually doing a specialy system as well, which actually only requires a 50 foot set back versus 75. So, it gives us even more distance away from the well and her well is directly next to that well. >> Got you. Thank you, sir. >> No problem. >> Unless there's anything else you want to add.
>> No, other than I mean there's multiple properties in the area with the same size lot, same zoning, and I think that's kind of at least eight of them. There's recent variances out there as well from going from A5 to R1. Um, and those were approved. So I just would appreciate you guys considering that.
>> Thank you sir. >> You know I don't think I asked this question so out of fairness I think I should. Is there anyone else in the audience to speak in opposition? All right. Seeing none we'll close the floor. Gentlemen, your pleasure. I will put my name on it and say motion to approve. But I think you know
discussion is probably in order. For discussion purposes, we have a motion to approve for Mr. Evans. Is there a second? >> Second. >> Second, Mr. Leavant. I I I'll share just to start the conversation. I I I appreciate conversations about marketability and
things like that. I don't think that's a relevant consideration for us. I think we're looking at this from good oldfashioned land use and >> variances. Yeah. >> Yeah. It's in our name. And so I'm I'm th those are interesting academic questions, but I don't think they're gerine to what we consider.
>> Well, I have one question. Is the restriction for the requirement to build to have be one acre? Is that written or is that just came down through history? >> That's written. >> That's in our code in our comprehensive plan. Yes, it's been adopted.
>> Okay. But others have done it. >> Excuse me, sir. But others have done it. >> They have to go through a process. >> Okay. >> This is rural area. >> It is. >> And but it's one of the old style plats and so it trumps it. Gotcha. Gotcha.
Gotcha. And and to confirm on that, the reason staff held the way it did in the packet is because the hardship is self-created. >> Okay. >> Any other thoughts? One more question for staff and and to
confirm when you originally gave your presentation >> when the house was originally built on 2627 it was told to the owner at the time who owned 25267 the Mr. Mr. Failer >> that
this would create a hardship. He he did a lot research request which I read a part of it and included in the package which was very clear that we the code said to combine lots 25 26 and 27. >> Okay. >> So he was aware. >> Okay.
>> Mr. Evans. Does that affect your motion? >> Um I would I would leave it to discussion to see if anybody else has any further thoughts. >> Gentlemen, >> I I see what staff is saying by self-created hardship. And I know I sound like a broken record up here, but
what we have to see is, you know, is the hardship there because, oh, I bought a fence and the fence was already there when I bought the house or you bought this knowing this as as Hamill had said, this was this was recorded, you know, when he tried to do with the partialage and everything else with combining kind
of and now it's after the fact of, oh, I want to add um I liked what uh Miss Hamlet said about the hardship was self inflicted. >> All right. So then I'm going to close uh
comments then and call the vote. We have a motion to approve and we have a second. Those in favor? >> Seeing none. Those opposed? >> I I >> So sir, it the motion has failed. The application has has been denied. You can
appeal this to the county commission and and staff can help you with that after the meeting. Uh number 11. >> Number 11. This is located This is located at 786 Big Tree Drive. This is located in the Big Tree Crossing Industrial Park that has an M1
industrial zoning. The applicant received a code violation for two storage containers located on the north property line, one 40 by 8 and the other 20 by8. This is a corner lot. So that is the north property line which is considered a sideyard setback. The
existing containers are located I already sorry already said that a letter of support has been received by six of the properties that are located within the big tree industrial park and we did receive one letter of opposition and this letter of opposition is from the property owner that is to the north that
is the most impacted by this. Um there is a utility easement that's going to need to get vacated and the structures must be entirely within the property lines including gutters. From the survey that they submitted, it appears as though a portion of the storage containers may be encroaching on the
property to the north. So that's why I put that condition in there for that to be verified. A community meeting is required for non-residential variances. The applicant did conduct a community meeting on January 5th, 2025, and there have been no prior variances
for this property. And this concludes my presentation. >> Thank you, ma'am. And I think uh just for in the entrance in interest of clarity uh in case anyone wonders uh my family, my grandfather, my father and I, we have developed and continue to
develop this industrial park. Uh we manage the u uh restrictive covenants which are not in play on this particular issue. But I have no dog in this hunt and and there's nothing in any way that I have an interest in. So, I don't think I have a conflict, but I I do want that
to be out there and not have anyone think that it was kept out of the record. So, having said that, uh is the applicant here? Yes, ma'am. Would you like to come down and share your thoughts? If you could please share with us your name and address for the record.
>> Yes. My name is Judith Diaak and I'm the owner of Dak 3, which owns 786 Big Tree Drive. Yes, ma'am. Would you like to I'm sorry. Go ahead, please. >> Um, we purchased the property in 2010 and the existing ConX boxes were there.
We received documents at closing and from the previous owner that they've been there since at least 2005. Um, we had damage to a sail awning that comes from the back of the building um
to the end of the conxes during the storm. I can't um 2023. Um, we have previously replaced them three times because they were fabric. So, um, we did get a building permit to
replace it to a metal tin. um instead of the fabric. Um the building permit was approved and then a code violation came up because of where they're situated. So
then um it got pulled back and denied in August. Um I just want to clarify as well, we had the the community meeting in January of 2026, not 2025. um all of our neighbors that we on the
east side of the property, west side, south side, northeast side, and um have all been supportive. the property owner on the north um did call me after the community meeting
letter went out and spoke his concerns and I tried to tell him, you know, come to the community meeting and we were going to have all the pictures and everything there. So, um, it would be a hardship to us because we use that area under the
awning and use forklift trucks to move things in and around to get out of the property as well. So, it would be hard if we had to move those ConX boxes in. >> Okay. Anything else?
>> No. >> Gentlemen, questions? I'll ask one just uh one of one of the staff comments was that if you're doing this, you'll need to vacate the utility easement, keep everything within property lines. Are you are you able to do that?
>> We would have so moving them back in. >> I I'll put that to >> I'm not sure how far that would be back in. >> Well, just anything for anything that hangs over the edge would have to not go beyond your property line. >> Okay. So, the conx boxes are right on the property line, right? It appears on
your survey that was submitted is that that they are encroaching um onto the north property. Not very very much, but you can see. >> So in in other words, move it back just a bit >> to be consistent with your application. Yes. Everything has to be within your
property lines, >> not not even just an inch going in over to the neighbor. >> See right here? >> Right here. >> Okay. And then um as far as the awning that comes down, we put in a a gutter to redirect any water back into our own
property and out to the west. >> That was my next question. Perfect. Um gentlemen, questions? Thank you, ma'am. >> I have and we get to folks in support. I have forms, two forms here, and please
forgive me for not reading properly. Uh, Mr. Bubac, would you like to speak, sir? Please, did I pronounce your name correctly? Did I Did I Did I pronounce your name? Okay, >> fine. >> Good. Thank you. If you just tell us your your your full name.
>> Dennis Bubach. And my property joins 1970 Corporate Square. >> Yes, sir. Thank you. >> Uh, and I bought the property from your dad and grandpa. >> My my my apologies.
>> Yes, I accept it. Uh, my building was in after that that building was in. There was a government contract in the building that we're talking about. Okay. Those canisters have been there over 30 years sitting in that same place. Those
canisters were there before the person that's objecting built the building. He built the building about eight years after I built mine. But those canisters were there ahead of time and the property line came down and hit the corner of mine because they did the
survey kind of joint. They ran the backs down and the backs down and they they used to test jet engines and stuff there. So they they put heavy hedges back there to try to d down the sound so
that if person built back there they wouldn't be affected by it. They would notify the tenants, your grandfather had that about when they were going to test because it was quite loud and they did. But they, my god, the guy fertilized and
watered those hedges and they're about 15 ft tall. So there's no sound barriers, but that tenant moved out. But those canisters have been there before these people have done it. And I'm the one that sold them the the the cloth awnings and they just wouldn't take the
hurricanes. So then they converted to the metal and everything else. But I've had trouble with the same person. So you don't get along with everybody, but we only have one that's given us problems and I've had problems with them, but
like she was saying, everybody over there is together and everybody is doesn't object to it. >> Gotcha. Real quick, sir. Gentlemen, do you have any questions for Thank you, sir. And then I also have in support uh is it Mr. Deak?
If you if you'd like to add something, sir. >> Anthony. >> Yes, Dak. I apologize. >> And if you could real quick, please sir, share with us your name and address. >> Yes. An Anthony Dak, 1095 Santa Clair Drive, Deltona, Florida. So, yeah, as he stated, the ConXes have been there since
at least 2005. We've never moved them. They've been at the building since we purchased it. And I forget what year we actually purchased it. Sorry. Um, but we had issues with the tarp. It kept breaking every hurricane. No matter what we did,
different material, no matter what we did, it just always ripped. Um, so we got the permit to do the awning. Again, we had no idea about the conxes being an issue since they've been there since day one of us owning the building itself. Um when the hurricanes came, we added a
gutter to help the flow of water coming to our side, drain out directly to our uh let's see what direction that would be. I think west side of our drive and since then we have no issues with water, nothing at all. Um I don't know what the
utility easement would be because I don't think we have any utilities coming through that area. See what's on your survey. If you'll take a look at that that survey that's on that screen, if you the kind of the very top at your property line, it says seven and a half foot utility easement. >> Yeah. >> And these are things that are just
>> that like for a power line or something or like that's that's confusing. >> Sometimes you'll have easements without anything in them even. But they're just it's there and uh and you need to deal with it before you put something on it. And so since there's something on it now, you have to deal with it. Yeah. >> If this is approved. >> Yeah. All right.
>> That's pretty. >> Anything else? >> That's pretty much >> gentlemen. Questions? >> Thank you, sir. Anyone in the audience to anyone else in the audience to speak in support? Is there anyone in the audience to speak in opposition?
Yes, sir. Come on down. >> Good evening. >> Did you Did you fill one of our forms, sir? >> I did. >> All right. I'm sorry. I just didn't make it to me here. If you share with us, then please your name and address. >> J. Michael Spec. SPK. >> Yes, sir. >> 1978 Corporate Square, Longwood, Florida
32750. >> I'm the owner of the building. I'm here to speak in opposition of the overhang and the containers running along my property line. The containers have been on the property for quite some time.
However, the containers were not in the location that they are in now. They are pushed all the way up against my property line. And this has been carrying on for some time. I've spoken with several different people in the county department, Randy, uh, the chief
inspector, etc., etc. Um, he's put a stop work order on all the happenings along that area on that property at this point. Um, you know, I just believe that it's
unsafe. It's it's and it's definitely creating issues on my property. I mean, my property already sits a little bit below his property in elevation, and it's I've got pictures and video. It's created all kinds of flooding. I've had
water washed up under into the backside of my building. I do have four different businesses that are tenants on in that location, and it's creating issues, period, with their deliveries, uh, etc. along the back side of the building. So,
I don't know if you can see, but my property is at an angle. So, towards the backside or on the north side of his property, it gets tight back in that area. Uh, I'll say that my my building, the back door of my building to the
shipping container is no more than 10 ft, possibly, maybe 11 ft. But I've done lots of business in Simol County and I know for sure that they are easements and setbacks for a reason and it seems as though I'm not sure that it's you've
been been told but the overhang literally also ends at my property line and I can understand their needs for having an overhang. However, the reason we do have code in Simol County and most other
counties is to follow in accordance with those codes and as far as I know this does not fall within code and it certainly breaks the uh easement or setback on that property
and you did speak of the utility setback and sir you're right everything or most properties have a setback for that reason for access etc and there's There is no way to access along that property line. You will run right into shipping containers, a large overhang that's
probably 2/3 larger than the original overhang. And if you had problems with a fabric overhang, then maybe if you were looking to add in a per more permanent metal
type structure, you would want to follow code and or easement setback, etc. And this has not been done period. And it's a shame in my opinion. >> Anything else? >> Not at this point.
>> Gentlemen, questions for Mr. Spec. You you'd raised a valid concern about something infringing onto your property? >> Absolutely. >> If if this is if this passes, they'd have to move it off your property line. Would would would that address that concern?
>> Not in my opinion. It still creates security concerns in the future. If I go to sell the building in the future, which I might do at one point, who knows when, that's going to create another resale issue for me as well. And I I
just would like you all to hear my side and understand that I'm I'm in complete objection to the variance request. >> Last question that I have is you'd mentioned videos and photos of flooding. Do you have them handy like on your phone or Well, I forward them to Mrs.
Hamill. >> Oh, okay. >> They're in your package. >> Oh, they are. Okay. Okay. Oh. Oh, those Well, you know what? Those I think they got put in the prior >> They did. >> Prior. They They weren't in >> What? >> Yeah. >> What? >> Yeah. >> Yeah. If we go back up to number 10 at Chase Court. >> Oh,
>> they got they got inserted there, but I did see them. >> Oh, I I apologize for that printing error. >> Any I'm I'm finished. Any other questions for for Mr. Spec? >> Yes, one question, >> Mr. Mr. Leavant. >> Yes, sir. >> Uh, you mentioned a security issue. What what do you mean by that? I >> was going to ask that question, too.
>> Uh about a year and a half ago, I found a gentleman trying to cubby his way up in between and behind the storage containers, actually. Uh and he had his items stuffed up in there trying to sleep. And it gave him a nice little
cubby right behind the hedges that were spoke about. and it literally scared the absolute you know what out of my son. Uh we were back there doing some work and gentleman was right up in the bushes
sleeping laying behind the actual shipping containers and there is a opening between two of them where there looks to be maybe a uh some sort of machinery to hold like a motor of some sort and a
little cubby. and the gentleman was just making his way up in that. I asked him politely to leave. I gave him $20 and tried to offer him some food and I haven't seen or heard from him again, but this is this this did happen and it was quite frightening and I'm that's a
security concern for me. >> Any other questions? >> Are there any trespass warnings? >> Excuse me, sir. >> Is there any trespass warnings in the property? >> Not for any individuals. No sir. >> For any what?
>> Not for any individuals or people that this >> No. >> No sir. >> I think the answer is no to your question though. >> Okay. >> No sir. >> Any any other questions? >> Thank you sir. Um anyone else in the audience to speak
in opposition to the matter? >> Did you want to I'm sorry. Did you want to share more or >> No, sir. >> Okay. Well, thank you. >> Thank you, sir. Anyone else in the audience to speak in opposition? Seeing none, we'll close the floor. Gentlemen, your pleasure. >> I'm sorry.
>> You know, you're right. You're right there. That is only fair, especially if you let us have I'm You're right. I'm sorry. Please. >> So, in regards to being moved, we've never moved those containers. And if you look at the pictures in the one that's
before us, you can see the bushes are right up against the conxes. We wouldn't have been able to move them back. Those bushes are on his property and we wouldn't have been able to move it back. Flooding we have watched and uh done our
own assessments and that the the gutters there and as of today even went out today and it's coming down right into our property. the um the opposition property. He has downspouts on the back
of his building that go straight down into his parking lot. He's not redirecting the water from his own property. Um in regards to security, we have 24/7 cameras that wake me up in the night if
anybody sneezes on the property. And I have called the police before, but not on um someone homeless people. There was a a tenant in his property that was moving out and there was um a moving
company and some of those guys were apparently laying down in that area. My son was aware of that. Um but as far as security, like I said, we're we monitor that 247.
Anything else? >> That's it, >> gentlemen. Any questions for the applicant? Thank you, ma'am. >> Thank you. >> My apologies again for missing that rebuttal opportunity. Moving back. Gentlemen, your pleasure.
>> For conversation reasons um because I would like to speak about it, but uh make a motion to approve. >> A motion to approve for Mr. Beley. Is there a second? Second from Judge Bravo. >> You have the floor. So the ConX is hard to move. I mean, it's, you know, if it was there from the 30
days or I'm sorry, for 30 years or whatever, moving that over there, it's it's always been one of those the reasons for our board is it's a property that was kind of bought into of that that I view as the hardship right there is is that being there. Um, the security
and stuff like that. Yeah, that's all stuff that we definitely look at. I mean, 100%. But um you know in the way of the variance wise it's you know the flooding and stuff like that it's seems I mean I just going off my evaluation Mr. Chair.
>> Mhm. Absolutely. >> Any other thoughts? Judge you have a thought? >> No. >> I got a lot of thoughts but >> the only thing I'll add into this and and I and I apologize if it was said and I and I missed it is this is industrial property. You know this is not
residential property. this is not commercial property and I think that there are different expectations in that setting as opposed to I mean this is about the most intense use you can have in the county and um and I think that just people should have a different expectation than you would find in the
residential conversations that primarily come before us u and unless anybody else wants to add something I'll go ahead and call the vote >> I thought it was pretty ingenious that the guy found a a slot that he can make his own little department. >> Yeah, but when security, I wouldn't want
that either. So, yes, sir, >> Mr. Chair, I recommend if if um there for any if if this board chooses to approve uh the variance that uh as a condition of that approval. um that the utility easement be either vacated or
the applicant obtain um authorization from the utility company to conduct any kind of improvement activity within within the easement. >> Mr. Beley, are you open to amending your motion? >> Absolutely. I mean, it just Yeah, it just makes sense. >> All right. Does the second still stand?
>> Second. >> All right. So, we have a motion to approve subject to the conditions that Mr. McHugh had shared. It is seconded. All those in favor? >> Opposed? All right. It is approved. >> Sir, uh, Mr. Spec, you you can appeal
this to the county commission if you would like to. >> Uh, number I'm sorry, my number 12, please. >> Yeah. >> Um, Shadow Bay. >> Shadow Bay.
>> Yes. 224 South Shadow Bay Boulevard. This is a request for year rear yard setback variance from 25 ft to 18.8 ft in a yard. >> Excuse me, Miss Miss Hamble. >> Gentlemen, other people have business to conduct.
>> My apologies, Miss Hamill. Please continue. >> 224 South Shadow Bay Boulevard. This is a request for a rear yard setback variance from 25 ft to 18.8 feet and a sideyard setback variance from 7 and a half feet to 4.8 ft. This is for a
screen enclosure that's in the R1 zoning classification. This is known as Shadow Bay unit one subdivision. This applicant is requesting to reconstruct an existing screen room that is 35 by 12 that encroaches into the rear and sideyard property lights. The applicant has
provided approval from three of the neighbors and the Shadow Bays homeowners association. There has not been any prior variances and this concludes my presentation. >> Thank you, ma'am. Gentlemen, questions for staff. Seeing none, is the applicant here. Anything y'all like to add to Do youall
have questions for the applicant? All right. Is there anyone here to speak in support of this matter? Seeing none, anyone here to speak in opposition to the matter? Gentlemen, your pleasure. >> Move to approve. >> Motion to approve for Mr. Beley. Is there a second? >> Second.
>> Second, Mr. Levant. All those in favor? >> Opposed? >> Enjoy. Number 13. >> Good evening. Just two seconds.
No, it's okay. >> Good evening. For the record, Jaylen Moreno, Planning and Development. Item number 13 is a variance request for 7377 Grand Avenue located in the Oakrest subdivision.
The request is for a fence height variance from 6 feet to 8 ft. The subject property is located in the Oakrest subdivision. The subject property is a corner lot and such considered to have two front yard
setback for setback purposes. The front of the house faces Grand Avenue. The Parkville Boulevard site is where the variance is being sought. The proposed variance fence encroaches into a utility ement and a building permit will be
required to meet the criteria for placement with a stop letter. The proposed privacy fence is 5 feet from the sidewalk and 19 feet from the edge of pavement. Traffic engineering has no objection to the placement of the fence as it relates
to site visibility. There have not been prior variances for the subject property. This concludes my presentation. >> Thank you, ma'am. Any any questions for staff? >> Mr. Beley? >> No.
>> All right. Is the applicant here? >> Yes. >> Please come on down, sir. >> Give us, please, your name and address for the record. >> Hey there. Uh, Daniel Spado, 7377 Grand A. I don't have much to add. Uh, we have a slope in the back of the property.
We'd like to, you can see our fence. The previous owners just put the fence closer to the house to avoid that. We'd like to expand it to have a bigger backyard. Um, but as a result, if we put a six foot fence in that slope, it would be very short. Um, and then I did go
ahead. I got a bunch of the neighbors to sign off saying that they were uh not opposed to it in any way. >> All right. Anything else? >> No. >> Any questions for the applicant? Mr. >> Mr. Chair, so now I have a question. Uh, Mr. Chair, so question for you. It looks
like existing fence already there looking to go a little further out. Um, I see the neighbors, any of the neighbors directly affected have any issues with it? Nope. Cool. And then any surrounding properties have uh anybody that's going to be in the back where that topography does slope a little bit.
Is there a fence already there in the way of uh any other neighbors? >> No. Uh the neighbor that's directly behind me, yeah, >> their home points a different direction. So that's like their front uh or that would be their side yard. So, they don't have they don't have a fence at all on
their property. >> And you may not know this, but I'm still going to ask, how far of a down of a slope are we talking about in your backyard? >> It actually it's a little over two feet. >> There it is. Thank you, >> man. Came prepared. >> Any other question? >> I think I was going to get an answer.
That's beautiful. >> Any other questions? >> Thank you, sir. >> Thank you. >> Anyone in the audience to speak in support of this matter? >> Seeing none, anyone in the audience to speak in opposition? Seeing none, gentlemen. >> Mr. Chair, I had a quick question for um
Miss Ham real quick or either um when it comes down to the utility easement that would still need to be addressed. Correct. I believe you had said that this was uh going further out would be in the utility easement. >> Yes. I'm going to let Jay Got it. >> Yes. So, just just to piggy back off of my earlier comment with item 11, it I'm
sorry. I I'm sorry to interrupt you. Um the motion a potential approval motion would mirror that the the motion that was made for item 11 that essentially the utility e easement would either need to be vacated or or the applicant would
>> no for a fence they will just need a stop letter when it when they go to building permit. >> Okay. But in the context of a stoppple letter I'm familiar with them coming from the county as the easement holder. Does the utility company have are they willing to
provide that? >> We allow fences to be in utility ement. That's where the sub letter comes from is any structure that we won't allow in any eastment. >> Okay. I'm I'm I'm good with that counselor. That was confident voice. So
>> So um no, we don't have a motion yet. So never mind. Uh answer your question. >> Yeah, absolutely. >> And do we have a motion? I will make a motion to approve now that MC has answered that question. >> All right. And that's right. So we don't need to add anything in. All right. Do
we have a second? >> Seconded. >> Second from Judge Bravo. The motion was made by Mr. Beley. Those in favor? >> I opposed. >> All right. Enjoy, sir. >> I don't think so. I don't think I think someone's not getting hazed anymore here. This is a seen a new woman down there.
>> All right. Item number 14, please. Yes. Item number 14 is a variance request for 619 Tuscowilla Point Lane. The request is for a rear yard setback variance from 30 ft to 12 ft for a screen room addition.
The subject property is located in the Tusca will point subdivision. The proposed structure to be constructed will be 15 ft by 26 ft. the rear of the property above the track B which is a drainage detention area.
There have not been prior variances for the subject property. This concludes my presentation. >> Thank you, ma'am. Ma'am, gentlemen, questions for staff? Seeing none, is the applicant here? >> Anything you'd like to add to what staff had said, sir? >> Yes, I have my
>> Oh, please come on down. If you'd please sh sir share with us your name and address. >> Yes sir. I am uh Jason Kreniki 300 Courtland Boulevard Deltona Florida 32738. >> And the Jeppes are >> are friends of
>> they're friends of mine. Um they're actually the stepfather and mother of my business partner. So we're trying to help them out with this because this is a little bit overwhelming maybe for the general public. Mhm. >> Uh they do want to build a 12x 26 screen
room in the back to view the retention pond. It's it's got a it's a water feature. It's got a waterfall in it. The neighbors have approved. They don't they don't they don't um
they're not opposed to it and it's been accepted by the homeowners association already. >> Perfect. >> Anything else? >> Uh drainage is to the back of the property to the retention area so it so it drains east. >> Perfect.
>> Gentlemen, questions for the applicant or is contractor. >> Thank you, sir. >> Thank you. >> Uh going to folks in support. I have a page here from is it Mr. Kreniki? >> Yes, that's
>> Oh, that that is you. Okay. I'm >> all right. I'm a minute behind here. Sorry about that. Anyone else in the audience speak in support of this matter? Seeing none, anyone in the audience to speak in opposition to this matter? Seeing none, gentlemen, >> move to approve.
>> Bravo is moved to approve. Mr. Beley has seconded. All those in favor? >> I opposed. Enjoy. >> Sir, >> number 15. >> Number 15 is a variance request for 103
South Lake Circle. This request is for one, a front yard setback variance from 25 feet to 17 feet for a cover porch. Two, a side street setback variance from 15 ft to 10 ft for a garage addition.
And three, a cellular setback variance from 7 and 1/2 ft to 6 ft for a garage addition. The subject property is located in the Lakewood Shore subdivision. The garage addition is 20x 34 feet and the cover
porch will be 26 by 9 ft. There have been multiple letters of support that they have been received for adjacent neighbors. They have not been any prior variances for this subject property. This concludes my presentation. >> Thank you ma'am. Gentlemen, questions for staff.
See is the applicant here. Anything you would like to add to what staff had said? >> I don't know if there's any questions. You'll have questions for the applicant. All right. Easy. Anyone else in the audience to uh or is there anyone in the audience to speak in support of this matter? Seeing none, anyone here to
speak in opposition? Seeing none, is there a motion? >> Move to approve. >> Mr. Leavon has moved to approve. Do we have a second? >> Seconded. >> Mr. Evans seconded. All those in favor? >> Opposed. There you go. Easy enough.
Number uh 16. >> Item number 16 is a variance request for 2470 Island Drive. It's a request for a north side yard setback variance from 10
ft to 4 feet for a shed. The subject property is located in the Lake Brley isle subdivision. The proposed structure to be constructed will be 12x 20 shed. There was a prior variance for the
subject property in 2015 for a garage addition from 25 ft to 15 feet and was approved. This concludes my presentation. >> Thank you gentlemen. Questions for staff. >> Feel like Seminal County is keeping the shed industry in business right now
tonight. >> Investing. Yes. >> Or starting a shed company. >> Yes. >> Oh goodness. Is the applicant here? >> Anything you'd like to add, sir? Um, I'm trying to find a house. >> I'm sorry. We need you at the >> It's all right. You don't need to hurry.
You're good. >> Yeah, take your time. Take your time. >> And share with us, please your name and address. >> Robert Herd, 2470 Island Drive, Longwood, Florida. >> Please. >> Um, my joke was that um I couldn't find
a house that didn't have a shed that was closer to the property line on the whole street. I've got tons of pictures if you want to see. I did that. I took them off the jet ski yesterday. So anyways, um it's just it's an I my joke is it's a Montgomery Ward shed probably just to give you an idea how
old the thing is. It's ugly as can be. So hope it would be a big improvement to the property. >> Any questions for the applicant? >> All right. Thank you, sir. >> Anyone in the audience to speak in support of the matter? Anyone to speak in opposition? Seeing none, gentlemen,
>> move to approve. >> Mr. Beigley's move move to approve. Is there a second? Second. >> Second from Mr. Levant. Those in favor? >> I >> opposed. >> All right, enjoy. >> Number 17 and then we'll go back to nine and then we'll go to two.
>> Item 17 is a variance request for 2022 James Drive. The subject property is located in the James Style subdivision. The sier property is a corner lot and considered to have two front yards setback for setback purposes. The
proposed aluminum fence will be 6 feet in height and will encroach 25 ft into the south front yard setback and 15 ft into the east side street setback. The proposed privacy fence is 16 ft from the
edge of pavement and there is no sidewalks are in place. So traffic engineering has not objection to the placement of the fence as it relates to site visibility. And this concludes my presentation.
>> See, I was hoping that Mr. Wright would be here as our engineer to comment on their use of an obtuse triangle in the description, but but are there questions for staff? >> So I think it's another one of those weird property lines that we have been seeing a lot of. >> Uh is the applicant here?
>> Is there anything you'd like to add to what staff had said? Um, no. Actually, we're >> Well, I I need you if if so >> and share with us, please your name and address. >> Sure. My name is Edgar Pinedi Sto22 James Drive.
>> Uh, we build this uh uh this home uh two years ago and it took almost three and a half years to build it. >> Anyhow, um we would like to close it in. So we we have four grandchildren that we want to keep safe
and within the property and all we want is just to a little pate uh uh aluminum fence uh just to keep it the property enclosed really pretty straightforward.
>> Any questions for the applicant? >> Thank you sir. >> Thank you. Thank you. >> Anyone in the audience to speak in support? Good evening. >> And and I'm sorry, just to be technical, I need your name and address, too, please. >> Absolutely. I'm Yanette Perdomo and I'm the wife.
>> So, it's And it's not only children, but we have wild animals. A lot of them, we cannot even bring the dog outside at night because the bobcat and all of that and the deers. So, we just want to have that privacy. >> Questions? >> Thank you, ma'am.
>> I for sure thought that was going to go the other way, but no, I'm just kidding. >> Anyone in the audience to speak in support? Anyone in the audience to speak in opposition? Gentlemen, >> move to approve. >> Motion to approve from the judge. Is there a second? >> Second. >> Second, Mr. Levant. Those in favor?
>> Opposed? All right. Y'all enjoy enjoy those grandb babies. Uh, all right. So, way back up on our agenda to number nine, which is 9483 shortleaf. >> Mr. Chair,
>> sir, >> uh, for the record, which item did we continue to next meeting? >> Uh, we neither. We continued both of them to the end of the agenda. >> I thought there was one. >> There was one. >> I thought Oh, I'm sorry. I thought we did to the end of the agenda. Then we're just at number two then, please. I'm sorry.
>> What about number one? Yeah, because we had we we Okay. >> Yeah, we had two no-shows and the nine was >> All right. Well, then I'm sorry. You're Thank you for fixing me. Thank you. Yeah. Number one, 500 pelosa. Then >> do we want to see if the applicant's here? >> Yes. >> Yeah, that would be good.
>> Is the applicant here? >> See, you just saved five minutes. >> Is there anyone here who wants to speak on that? Who showed up for that one? Okay, that leaves us with See, now I'm confusing. Does that leave us now with
number um number two, Holly Road? >> Yes. >> Okay, number two, 2605 Holly Road. So, if like I've said before, if if you all w would like to continue those items to a date certain, that's an option. Or
you can staff can present and you can vote. um because there's nothing in our code that requires the applicant to to be in attendance. Of course, that is ideal uh and the applicant's not able to
state their case and and advocate for themselves if they're not here. So, it's really more of a detriment to them. But just want to make that clear for the record. >> Thank you, sir. I appreciate that. Uh is the applicant here for Holly Road? Are y'all here for Holly Road?
Okay. And I I guess you were here for um >> number nine there >> which has been continued to next month. >> Uh that is the So we've got some other things on our agenda but that's enough of our main items. >> Um
>> Mr. Chair move to approve. I'm sorry not move but move to uh you're right go ahead and continue till next month and give the opportunity for the applicants to be here in front of the board. >> I think we have a motion to continue. Yes. Two next month.
>> And we have a second from Judge Bravo. Those in favor? >> I. >> All right. So, done. Have I missed any other housekeeping on those points? >> Is that for 500 pelosa item number one and to Holly? >> For both. >> For both. >> Both. We're going to say so moved. Yes.
>> Yes. Everything everything is continued to next month. >> Who second the m the motion? >> Judge. >> The judge. >> Yeah. All right. Uh, we have on here, we got three more things to look at real quick. Uh, chair
and vice chair elections. And with that, um, >> four more years. >> The judge has been very kind to me and in moving to reappoint me. Thank you, Mr. Beagley, for that. Those in favor?
>> I. >> All right. Opposed? >> All right. We now have the vice chair who has been Mr. Wright for the past year. Uh, >> three more years. >> All right. Unless, to be fair, would would one of you other gentlemen have interest in the position?
>> I wouldn't mind, but he's I mean, it's all good. It's It's fine. He does a great job, so it's all good. >> No, no, no, but he wore a tie, >> man. You know, >> is there any nominations? >> Yes. Do we have a nomination for vice chair? >> You?
>> No. Can you do all you want to do all three, Mr. Chair? No, I'm just kidding. >> I think Mr. Beley, are you are you nominating Mr. Levant? >> Yeah. >> All right. We have a motion for Mr. Levant. Do we have a second? >> Second. >> Second, Mr. Evans. Those in favor? >> I welcome to the team.
>> Is I have a question. Are you an alternate? >> I am an alternate. >> If he's an alternate, he cannot be the vice chair. >> You crushed the man's dream. >> I'm sorry. New job but no new job.
>> I'm an alternate but I come to every meeting. >> The chair the chair would entertain a weekly to be vice chair. >> I'll second that. >> So moved by the judge, seconded by Mr. Evans. Those in favor before he runs. >> I
>> All right. You got it. >> Sweet. I can start showing. >> I don't feel any different. Just saying. >> Go bad. Going to go mad with a small amount of power. >> Pays the same, right, Mr. Chair? So >> Oh. Oh, no. No. You're going to get a bump three times that you're getting. All right. Next on our agenda, uh we
have our proposed calendar. Uh we got it just tonight. If you guys want to consider it and vote on it tonight, we can. Uh that is not a slide. >> I'm saying that to mean if you got to vote on it next month.
>> Is I move to approve. Judge Bravo moves to approve the schedule the second. >> Mr. Evans seconds those in favor? I >> All right. Finally, we've got minutes. I won't say a thing about the minutes. Has anyone had a chance to read them?
>> I skimmed over and then make a motion to approve. >> Motion to approve for Mr. Beagley. Is there a second? >> Second. >> Second, Mr. Levant. Those in favor? I >> All right. >> Is that for both? >> Curveball. What was the question?
>> I Wow. And there it is. >> I missed it. Is there a question or >> There were two sets apparently. >> Mhm. >> There are two sets. >> Minutes. >> Yes, >> I sent to the >> minutes. This is >> so
>> I think I I think I thought the motion was to approve the minutes. >> Okay, cool. Perfect. Thank you. >> And that was said as a plural. I took it as a plural. >> I did and I second it as a plural. >> If I didn't say it, I >> meaning of the minds. >> I had a chance. >> I looked it over and I just say it was one.
>> We stay here for five more minutes. We're going to go clue perfect. Um, >> we stay five more minutes. I'm going to wet my pants. >> It's a lot of information. >> You got to shift your pants. >> All right. Anything else for the good of the order? All right. Is there a motion to adjurnn? Yes. Move.
>> We are out of here. Thank you so much. Happy New Year. Good job.