►
From YouTube: Board of Zoning Appeals 5-25-2021
Description
Board of Zoning Appeals 5-25-2021
B
A
A
A
G
H
J
J
Okay,
so
before
we
start
just
a
couple
of
comments,
the
board
of
zoning
appeals
is
an
advisory
board
to
the
city
council.
Any
decisions
taken
today
will
be
non-binding,
any
quasi-judicial
appeal.
We
will
be
heard
by
the
full
city
council,
usually
at
the
next
regularly
scheduled
council
meeting.
Their
decision
will
be
binding
and
it's
in
the
applicant's
best
interest
to
attend
the
city
council
meeting.
If
you
plan
to
speak
or
give
testimony
at
today's
quasi-judicial
public
hearing,
you
must
be
sworn
in.
Mr.
G
B
A
J
On
you
can
carry
on
okay.
Thank
you,
okay,
so
backtracking
just
a
little
bit.
If
you
plan
to
speak
at
today's
quasi-judicial
public
hearing,
you
must
be
sworn
in.
You
will
be
asked
to
come
to
the
podium
state,
your
name
and
the
fact
that
you
have
been
sworn.
You
will
have
up
to
three
minutes
to
speak
so.
G
Even
if
you
think
you
might
speak
it's
best
to
stand
up
if
you're
questioning
it
all
right,
do
you
solemnly
swear
or
affirm
to
tell
the
truth
the
whole
truth,
nothing,
but
the
truth
in
today's
proceedings,
when
you
are
ready
to
speak,
please
step
to
the
podium
state,
your
name
and
indicate
you've
been
sworn.
Thank
you.
J
J
D
J
J
I
J
J
V01-2021
a
request
by
marvin
p
and
barbara,
a
nelson
property
owners
pursuant
to
chapter
twenty
six
section.
Sixteen
point:
one:
zero
ponogordo
code
to
allow
a
single
driveway
forty
six
feet
in
width
instead
of
twenty
four
feet
in
width,
as
required
by
chapter
twenty
six
section:
ten
point
per
nh
6
per
nb
ponegorda
code
in
order
to
reconstruct
the
driveway
at
an
existing
single-family
structure
constructed
in
1989.,
and
with
that
I
think
it's
time
for
the
urban
design
presentation.
D
Good
afternoon
lisa
hannan,
zoning
official
and
I
have
been
sworn
I'd
like
to
enter
the
staff
report
into
the
record
in
its
entirety.
By
reference,
the
request
staff
is
in
receipt
of
the
re
variance
request
to
reconstruct
a
driveway
at
232
lido
drive,
which
will
exceed
the
24
feet
in
width,
which
is
permitted
by
the
code.
D
So
we
have
criteria
that
have
to
be
met
for
approval
or
disapproval
of
a
variance
application
number
one.
The
first
criteria
is
that
special
conditions
or
circumstances
exist
which
are
particular
to
the
size
and
characteristics
of
the
land
structure
or
building
involved
which
are
not
applicable
to
other
lands
structures
or
buildings.
In
the
same
zoning
district
per
the
records
of
the
city
of
puna
gorda,
the
property
owner,
constructed
an
rv
garage
edition
in
2005..
D
However,
on
august
21
2005,
the
city
received
a
letter
from
the
contractor,
formally
withdrawing
the
application
from
the
public
hearing
for
bza
and
city
council.
The
current
configuration
layout
of
the
driveway
in
relation
to
the
rv
garage
appears
to
make
it
difficult
to
access
the
garage
from
the
right
of
way.
D
However,
the
driveway
was
not
reconfigured
to
accommodate
the
new
rv
garage
entrance
at
the
time
of
construction,
but
that
does
not
create
any
special
circumstance
which
are
particular
to
the
size
and
characteristics
of
the
land
which
is
not
applicable
to
other
lands
within
the
same
zoning
district,
a
different
driveway
configuration
which
met
the
required
lane
development
regulations
could
have
been
contemplated
at
the
time
of
construction
number.
Two.
The
strict
and
literal
enforcement
of
the
zoning
regulations
would
create
an
undue
hardship
as
distinguished
from
a
mere
inconvenience
on
the
property
owners.
D
Physical
handicaps
or
disability
of
the
applicant
and
other
considerations
may
be
considered
irrelevant
to
the
request.
The
strict
and
literal
enforcement
of
the
land
development
regulations
would
not
permit
the
expansion
of
the
driveway
to
46
feet
in
width.
The
rv
garage
edition,
which
was
constructed
in
2005
and
the
driveway
configuration
could
have
been
changed
at
the
time
of
construction
staff
can
find
no
evidence
of
hardship
other
than
a
mere
inconvenience
number
three,
that
such
hardship
is
not
shared
generally
by
other
properties
within
the
same
zoning
district
and
in
the
same
vicinity.
D
There
are
not
many
properties
developed
on
multiple
lots
with
an
attached
rv
garage.
Therefore,
the
hardship
is
not
generally
shared
by
other
properties.
In
the
same
zoning
district
and
in
the
same
vicinity,
the
granting
of
the
various
would
not
be
injurious
to
or
incompatible
with
the
contiguous
uses,
the
surrounding
neighborhood
or
otherwise
detrimental
to
the
public
welfare.
D
The
adjacent
property
to
the
south
of
the
property
has
a
driveway
which
is
located
at
the
closest
to
the
proposed
driveway
expansion.
Adding
this
much
additional
impervious
area
could
potentially
cause
drainage
and
runoff
issues
which
could
be
or
would
be
detrimental
to
the
surrounding
neighborhood.
D
The
driveway
could
be
reconfigured
in
compliance
with
the
code,
which
would
allow
access
from
the
right-of-way
to
the
garage
for
both
the
rv
garage
and
regular
garage
number
six.
The
condition
giving
rise
to
the
requested
variants
has
not
been
created
by
any
person
presently
having
an
interest
in
the
property
and
or
the
conditions
cannot
be
reasonably
corrected
or
avoided
by
the
applicant.
D
D
Therefore,
the
condition
giving
rise
to
the
requested
variants
has
been
created
by
the
applicant
number.
Seven,
the
variance
requested
does
not
involve
any
use
which
is
prohibited
in
the
district
where
the
property
is
located.
Driveways
are
permitted
as
an
accessory
used
for
single-family
residents,
so
the
variance
does
not
involve
any
use
which
is
prohibited
number
eight.
The
requested
variance
is
consistent
with
the
city
of
punta
gorda
comprehensive
plan.
D
Driveway
width
maximums
are
designed
to
mitigate
and
manage
maximum
anticipated
storm
water
runoff
from
sites
not
subject
to
drc
or
swift
mud
permit
requirements.
Driveway
maximum
widths
are
also
designed
to
reduce
surface
areas
which
produce
non-point
source
pollution
discharge
flows.
The
proposed
variance
request
is
in
conflict
with
the
following
comprehensive
plan
policies.
Policy,
1.1.9.5
pontagorda
will
apply
appropriate
site
planning
requirements
such
as
environmental
surveys,
on-site
stormwater
management,
wetlands
preservation,
etc.
D
According
to
the
needs
of
the
situation
in
the
context
of
the
applicable
law
and
sound
planning
practice
policy,
2a
point
1.2.6
pentagordo
will
support
the
implementation
of
the
1993
charlotte
harbor
surface
water
improvement
management
planned
by
assisting
in
the
collection
of
environmental
data
concerning
charlotte
harbor
and
its
environs
in
puna
gorda.
By
undertaking
activities
to
maintain
or
improve
the
quality
of
stormwater
runoff
and
by
adopting
and
maintaining
land
development
regulations
which
protect
environmental,
environmentally
sensitive
lands
policy.
D
D
D
If
the
variance
requests
were
to
be
approved,
proper
permit
applications
must
be
submitted,
including,
but
not
limited
to
a
right-of-way
permit.
Along
with
the
required
building
permits,
urban
design
staff
recommends
denial
of
the
requested
variants,
as
all
of
the
criteria
have
not
been
met,
and
there
seems
to
have
been
no
attempt
to
incorporate
the
requested
driveway
into
the
existing
driveways
at
the
time.
The
garage
edition
was
constructed.
D
D
L
D
D
L
D
Could
be,
it
would
take
a
total
reconstruction
of
everything
in
the
right
of
way
and
up
on
the
private
property
instead
of
pulling
in
now
and
making
a
hard
right
to
try
to
get
an
rv
into
the
rv
garage.
You
could
have
your
entrance
into
the
rv
garage
and
a
car
is
easier
to
maneuver
to
the
left
to
get
into
the
regular.
F
J
D
K
K
K
K
This
and
our
existing
drive
also
has
a
huge
dip
in
it
and
we
drag
every
time
we
bring
our
cars
out
of
the
existing
drive.
So
we
want
to
update
it.
Everybody
around
us
is
updated
with
paving.
We
want
to
update
and
we're
going
to
spend
a
lot
of
money.
I've
already
spent
30
000
on
the
on
the
on
the
approval
that
was
told
to
us
here.
K
I
don't
know
if
I
can
get
my
30
000
back
at
this
time,
but
we
really
want
to
update
with
the
pavers
on
the
drive
and
that
will
give
us
a
culvert
under
both
sides
and
it
now
at
the
end
of
both
drives
when
it
rains
it
just
fills
up
this
whole
black.
The
everything
is
black,
it's
dirt
and
it
keeps
dragging
dirt
into
the
garage
and
everything
and
I'm
we're
just
asking
for
20
some
feet
to
come
back
in
so
that
we
can
get
our
rv
in.
K
J
D
I
I
I
I
K
I
I
I
B
I
K
I
L
F
D
J
J
F
K
L
C
Do
you
know
the
distance
from
the
garage
door
the
left
side
garage
to,
even
though
this
driveway
is
existing
already
to
the
there's,
a
half
moon
there
with
grass,
okay,
so
the
distance
from
the
garage
door
to
where
your
driveway
would
end
in
the
grass
right
now
right?
In
other
words,
how
much
room
do
you
have
to
back
up
a
car?
F
K
K
B
J
C
L
C
J
M
Yes,
my
name
is
david
kessler.
I
live
at
238,
lido,
drive
right
next
door
to
the
applicant,
and
I
have
been
sworn
in
a
couple
questions
to.
Can
you
put
that
visual
of
the
two
houses
right
next
to
each
other?
That
drain
is
right
next
to
where
this
mailbox
is,
you
can
actually
see
it.
She
would
not
be
nobody
be
driving
over
that
drain.
That
drain
has
a
good
flow
to
it,
comes
across
my
property
and
this
property
and
it
flows
there's
no
flooding
in
that
area
driving
through
that
swale.
M
If
you're
familiar
with
this
area,
all
that
soil
there
was
dug
out
of
those
canals
and
if
you're,
if
you're
familiar
with
the
soil,
which
I
am
very
familiar
with
the
soil,
it's
hydrophobic,
it
does
not
allow
water
to
percolate
down
in
it
runs
off
like
if
it
were
concrete.
I
can
show
that
and
demonstrate
that
to
anyone
with
a
hose
putting
in
pavers
would
would
eliminate
a
lot
of
that
concrete
runoff,
because
it
has
gaps
and
sand
underneath
the
base
and
would
not
cause
a
problem
in
overflow
of
flooding.
M
My
driveway
is
right
there
next
to
it,
and
I
don't
have
a
dip.
I
actually
have
a
little
rise
over
it,
which
was
what
they
would
have
there,
because
it's
so
close,
the
the
culvert
would
be
under
and
and
it
the
the
pavers
would
go
right
over
top
of
it.
So
they'd,
be
it
almost
looked
like
a
little
camelback
versus
versus
going
down
like
it
is
right
now,
and
there
is
no
one
in
our
neighborhood.
M
M
I
H
Good
evening
my
name
is
robert
wilson.
I
have
been
sworn
in.
I
live
directly
across
the
street
from
the
nelsons
at
233.
Lido
drive,
I'm
a
full-time
resident,
been
living
here
for
three
years
and
really
really
loved
the
neighborhood
one
of
the
things
I
wanted
to
point
from
out
from
listening
to
testimony
and
the
questions
is
that
the
blue
line
dictates.
If
I
understand
correctly,
that
would
be
the
city
right
away.
D
This
is
lisa
hannon,
zoning
official
these
are.
This
is
an
aerial
that
is
not
an
accurate
depiction
of
a
lot
line.
This
is
just
an
ariel
from
an
image
that
staff
picked
off
of
a
pictometry
website
that
we
use
regarding
code
enforcement
and
just
to
look
at
properties.
This
shows
the
pretty
picture
versus
the
the
survey
and
the
site
plan.
I
can
put
the
if.
H
You
switch
it
back
to
the
site
plan
that
shows
the
property
line
and
the
city
right
away.
Okay,
I'd
just
like
to
point
out
in
the
question
you
had
about
the
length
of
the
car
in
the
turning
space.
When
you
take
the
distance
from
that
garage
down
to
where
the
city
right
away
is
you're,
I
mean
when
the
car
is
out
of
the
garage.
It's
only
going
to
be
about
two
feet
behind
the
car:
it's
a
three-car
garage.
Then
you
have
the
rv
garage
to
the
right.
H
It's
a
pretty
tight,
turning
radius
for
anybody
to
get
in
and
out
of
this
far
left
garage.
I
understand
this
is
a
variance
request
too
late
to
redesign
what
happened
back
in
2005
or
anything.
The
it
just
seems
like.
I
understand
the
board's
questions
looking
at
the
code.
This
is
a
double
wide
lot
being
a
property
owner
across
the
street.
I
have
absolutely
no
problems.
What
they're
trying
to
accomplish
here.
H
I
think
the
turning
radius
would
be
very
tight,
trying
to
keep
them
down
to
the
just
the
24
feet
for
three
car
drives
that
has
a
space
between
it.
Then
the
rv,
I
think
their
their
request
is
reasonable.
Maybe
there's
a
happy
medium
from
24
to
36
feet
if
you
and
if
that
makes
it
more
doable,
but
it
is
a
variance
request
that
I
think,
is
a
reasonable
opportunity
here
to
accommodate
and
the
nelsons
are
retiring.
They've
been
snowbirds.
H
J
D
J
L
D
D
When
I
started
in
zoning
in
2006,
you
could
have
two
16-foot
driveways,
not
two
foot
driveways
you
could
have
2
16
or
the
maximum
width
was
a
16
foot
driveway,
so
it
predated
the
2005-2000
when
the
code
was
changed
in
2005.
I
don't
know
that
there
was
a
limit.
I
I
I
don't
know
what
that
limit
was.
It
has
increased
due
to
a
lot
of
requests
for
increased
larger
garages,
larger
vehicles
so
probably
about
five
or
six
years
ago.
D
L
D
L
L
I
J
B
J
D
J
J
J
D
E
I'll
make
sure
this
is
right
now,
okay,
the
question
was
brought
up.
Why
in
the
world,
didn't
you
do
it
in
2000
or
in
five?
Well
in
five,
we
would
have
to
do
the
same
things.
We
did
right
here,
however,
in
five
we
weren't
retired
and
we're
in
the
manufactured
housing
business
in
michigan
and
everything
depends
on
how
much
money
you
have
left.
E
Well
now
we're
retiring
we're
selling
everything.
So
we
want
to
come
down
permanently.
We
have
the
45-foot
bus,
you
cannot
put
a
45-foot
bus
and
a
63-foot
or
a
32-foot
boat
in
the
same
garage.
You
can't
do
that
numbers
aren't
there,
but
what
we
want
to
do
is
travel
with
the
bus
and
still
come
back
to
here
when
we
sell
everything
in
michigan,
we've
been
here
30
years.
E
The
the
only
way
you're
going
to
get
anything
into
that
garage
and
if
you
ever
would
come
by
and
look
you're
going
to
find
skid
marks
on
the
driveway.
We
paint
the
driveway
twice
a
year,
because
paint
can't
help
the
the
sun
gets
eased
to
paint
right
off
and
we
we
try
to
paint
it
white,
but
there
are
skid
marks
and
they're
just
trying
to
get
the
boat
in
through
the
ditch.
E
I
know
I'll
never
get
a
bus
through
there,
a
45
foot,
bus
tandem
axle
cannot
go
through
that
diary
bay
because
I'm
a
professional
driver.
I
know
I
can't
get
it
there,
but
you
give
me
a
driveway.
I
can
put
it
in
there,
but
we
did
not
have
the
money
during
charlie
because
we
put
80
850
000
in
that
house
to
repair
it
after
charlie.
There's
your
driveway.
E
E
E
E
I
I
came
down
here
for
the
first
one
I
came
down
here
for
this
one
and
I'm
gonna
come
down
for
the
next
one,
which
is
expensive
flying
down
for
a
couple
days,
and
I
went
through
all
the
effort
to
do
that.
It
isn't
that
I
just
let
it
go
because
I
want
the
driveway
to
go
in,
so
I
spent
a
lot
of
money
doing
that.