>> HERE WE GO. I HEAR THAT NOISE TOO,
[00:00:03]
BUT I DIDN'T KNOW WHAT IT WAS.>> IT SEEMS TO BE PART OF THE RECORDING.
>> GOOD AFTERNOON. I'D LIKE TO CALL
[Zoning Board of Adjustments on November 9, 2022.]
THE ZONING BOARD OF ADJUSTMENT REGULAR MEETING TO ORDER.IT IS WEDNESDAY, NOVEMBER THE 9TH.
WOULD YOU PLEASE CALL THE ATTENDANCE ROLL?
>> BOARD MEMBER BIKOVA IS ABSENT.
>> BOARD MEMBER RAILEY IS ABSENT.
>> PLEASE NOTE THAT BECAUSE OF THE ABSENCES, BOARD MEMBER HOLLOWAY WILL BE VOTING TODAY.
>> THANK YOU VERY MUCH. IS THERE ANY CONFLICT OF INTEREST TO THE CASE HERE BEFORE US TODAY? HEARING NONE, I'LL GO ON TO THE APPROVAL OF MINUTES OCTOBER 5, 2022.
>> WE HAVE A MOTION. DO I HEAR A SECOND?
>> WE HAVE A MOTION AND A SECOND FOR THE APPROVAL OF MINUTES.
ANY DISCUSSION? DO WE NEED TO VOTE ON THIS OR IT'S JUST A MOTION AND A SECOND?
>> THEN ALL IN FAVOR OF APPROVING THE MINUTES? ALL OPPOSED. MOTION PASSED.
WE HAVE THREE APPROVALS AND ONE ABSTAINED.
>> I CAN'T VOTE ON IT BECAUSE I WASN'T PARTICIPATING.
>> RIGHT, BUT I DIDN'T PARTICIPATE.
>> IF YOU'RE NOT COMFORTABLE VOTING, WE'LL JUST PUT IT ON THE NEXT AGENDA.
>> FINE. WE'LL MOVE ON. DO WE HAVE ANY PUBLIC COMMENT?
>> NO PUBLIC COMMENT WAS RECEIVED.
>> THIS IS 22Z010, IT'S 11206, SCHWARTZ.
THE REQUEST IS A SPECIAL EXCEPTION FOR THE FRONT SETBACK.
TWENTY-FIVE NOTICES WERE SENT, ONE RETURNS.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 20 FEET TO 19.2 FEET IN A RESIDENTIAL SINGLE FAMILY R1 ZONING DISTRICT.
I'M GETTING SOME FEEDBACK. IN ACCORDANCE WITH THE APPLICANT SUBMITTAL, THE FRONT YARD SETBACK OF OTHER STRUCTURES ON THE SAME BLOCK ARE NOT UNIFORM AND THOSE STRUCTURES WERE ERECTED WITH A LESSER SETBACK THAN PRESCRIBED BY THE CURRENT REGULATIONS.
THAT WAS INCLUDED IN YOUR PACKET AS EXHIBIT A.
IN ACCORDANCE WITH SECTION 12.401 OF THE LAND DEVELOPMENT REGULATIONS, A FRONT YARD EXCEPTION MAY BE REQUESTED WHERE THE EXISTING FRONT YARD SETBACKS AT THE VARIOUS SLOTS ON THE SAME BLOCK ARE NOT UNIFORM SO THAT ANY ONE OF THE EXISTING FRONT YARD SETBACKS SHALL FOR BUILDING, HEREAFTER, CONSTRUCTED OR EXTENDED BE THE REQUIRED MINIMUM FRONT YARD DEPTH.
PLEASE NOTE, THE REST OF THE REQUEST IN YOUR STAFF REPORT ALONG WITH THE REQUIREMENTS FOR A SPECIAL EXCEPTIONS AND THE APPLICANT'S JUSTIFICATION.
WE HAVE SOME PICTURES. THIS IS THE SUBJECT TO RECITE.
THE AERIAL PREDATES THE CONSTRUCTION OF THE BUILDING, AND HERE IS AN UPDATED EXHIBIT PROVIDED BY THE APPLICANT SHOWING THAT THE CONSTRUCTION ALONG THE STREET ARE NOT UNIFORM, AND THE SURVEY WITH THE ENCROACHMENT OF THE FRONT YARD SETBACK AND THE PROPERTIES TO THE NORTH, SOUTH, EAST, AND WEST.
THAT CONCLUDES STAFF'S REPORT.
>> THANK YOU. LET ME STOP RIGHT HERE.
IS THE APPLICANT HERE? YOU ARE? I JUST WANTED TO LET YOU KNOW THAT YOU SEE THE FOUR OF US UP HERE, CORRECT? GENERALLY, THERE WOULD BE FIVE WITH TWO ALTERNATES, BUT WE'RE RUNNING A LITTLE SHORT.
IT'S GOING TO TAKE ALL FOUR OF US TO APPROVE THIS FOR IT TO PASS.
IF ONE PERSON DOESN'T VOTE FOR, THEN IT'S FAILED.
YOU UNDERSTAND THAT? WITH THAT IN MIND, DO YOU WANT TO PROCEED OR WOULD YOU WANT TO WAIT NEXT MONTH UNTIL WE HAVE A LARGER GROUP? IT'S TOTALLY UP TO YOU.
>> I DO LIKE TO PROCEED [INAUDIBLE].
>> THEN I GUESS AT THIS TIME, DOES ANYONE HAVE ANY QUESTIONS OF STAFF?
>> CATHERINE, CAN YOU BACK UP THE PICTURES, PLEASE?
[00:05:03]
I WANT THE ONE WITH THE WHITE LINE ON IT.THE WAY I'M READING THAT, THAT'S THE SETBACK LINE?
>> YES. THIS WAS PROVIDED BY THE APPLICANT, AND I BELIEVE THAT'S CORRECT.
THE APPLICANT'S IN THE AUDIENCE AND CAN ADDRESS IT, THAT THE WHITE LINE SHOWS WHERE THE HOUSE WAS CONSTRUCTED.
>> I GOT MY ANSWER. THANK YOU.
>> ANY OTHER QUESTIONS OF STAFF? AT THIS TIME, I'D LIKE TO GO AHEAD AND OPEN THE PUBLIC HEARING FOR THIS CASE.
THE APPLICANT, FEEL FREE PLEASE TO APPROACH THE MICROPHONE THERE.
PLEASE SIGN YOUR NAME AND TELL US YOUR NAME, HOW ABOUT THAT? [LAUGHTER].
I'M A REPRESENTATIVE FOR SANDPIPER HOMES.
WE ARE THE BUILDER ON THIS HOUSE.
THE OWNER IS JERRY MCCORY, HE'S THE ONE WHO BOUGHT THE HOUSE.
WHAT HAPPENED WAS THE OWNER HAD REQUESTED A ONE-FOOT OVERHANG ON HIS FRONT PORCH PAST THE PILINGS AND THE PILE DRIVERS DID NOT NOTICE THAT ONE-FOOT OVERHANG ON THE PLANS, AND SO THEY SET THE FRONT PILE ON THE SETBACK.
ONCE THE FRONT PORCH WAS BUILT OUT, IT ENDED UP BEING NEAR 0.8 FEET PASS THE FRONT SETBACK.
WE'RE ASKING FOR A SPECIAL EXCEPTION BECAUSE IT WOULD BE A VERY EXPENSIVE FIX OR WE CAN'T MOVE THE WHOLE HOUSE, BUT WE COULD THEORETICALLY TEAR DOWN THE FRONT PORCH, BUT IT WOULD COST SEVERAL THOUSAND DOLLARS.
WE WERE ADVISED TO ASK FOR A SPECIAL EXCEPTION GIVEN THAT ALL THE HOUSES ON THE STREET, EVERY SINGLE ONE OF THEM ARE CLOSER TO THE STREET THAN OUR HOME.
>> THANK YOU. DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? NO? WELL, THANK YOU VERY MUCH.
>> LET'S SEE. I KNOW DONNA, SO THERE'S NO ONE ELSE OUT THERE.
[LAUGHTER] BUT THIS TIME I'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO US IN A MOTION.
>> I MOVE WE APPROVE THE REQUEST FOR A SPECIAL EXEMPTION BASED ON THE FACT AS SHOWN IN THE PICTURE ON THE SCREEN, THAT THERE ARE OTHER HOUSES THAT DON'T MEET THE SETBACK REQUIREMENT, AND THAT THE OTHER SETBACKS ARE AN ADDITION ON NOT UNIFORM, SO THERE MAKE SOME QUESTION THERE AS TO WHAT AFFECTED THE DECISION.
I MOVE THAT WE APPROVE THE REQUEST FOR AN EXEMPTION DUE TO THE FACT THAT EXISTING HOMES ADJACENT TO THIS STRUCTURE DON'T MEET THE SETBACK REQUIREMENT AND THAT IT WILL NOT HAVE AN ADVERSE EFFECT ON THE NEIGHBORHOOD OR OTHER DWELLINGS IN THE VICINITY.
>> WE HAVE A MOTION. DO I HEAR A SECOND?
>> NOW WE HAVE A MOTION AND A SECOND, IS THERE ANY DISCUSSION? HEARING NONE, THEN ALL IN FAVOR OF APPROVING? ALL OPPOSE? THE MOTION CARRIED.
NOW, DO WE HAVE ANYTHING ELSE? I SEE ADJOURNMENT. WE ARE ADJOURNED.
YOU'RE ALL GOING TO LIKE ME, I'M TELLING YOU.
* This transcript was compiled from uncorrected Closed Captioning.