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From YouTube: Board of Zoning Appeals 1-24-2023
Description
Utility Advisory Board 1-23-2023
B
A
C
In
front
of
me,
so
let
me
call
to
order
the
board
of
zoning
appeals
for
today,
January
24
2023.
Can
we
have
a
roll
call?
Please.
C
A
Valdez
Yeah
Wendy
Mueller
here
Frank
lapore
here.
C
A
C
I
nominate
Frank
once
again
if
he
is
so
willing.
C
A
C
C
C
No
changes
changes;
okay,
really
all
in
favor
aye
any
names.
No
so
minutes
are
approved
any
legislative
public
hearings
that
we
have
none;
okay.
So
let's
get
to
what
we're
here
for
the
quasi-judicial
public
hearings,
so,
like
always
counselor
you're
our
guest
here.
Thank
you
for
coming
representing
your
client
with
all
quasi-judicial
public
hearings.
C
The
recommendation
is
made
from
this
Council
or
this
board
to
city
council.
You
have
the
right
to
appeal
those
decisions
directly
to
city
council
after
the
decision
here
has
been
made,
based
on
the
recommendations
and
presentation
and
open
comments
from
the
public
here.
Just
wanted
to
make
you
aware
of
that
you're
aware
of
that.
Okay,
let's
continue
so
on
the
agenda
today
is
our
quasi-judicial
account
for.
C
V-01-02022
a
request
by
Michael
P
Hayman's
authorized
agent
for
Gordon
F,
Ray
Jr
and
Linda
s;
Ray
property
owners
pursuant
to
chapter
26,
section
16.10
of
the
Punta
Court
of
code
to
construct
a
new
addition
with
a
22
foot
front
yard
setback
at
the
closest
points.
Instead
of
a
25
foot
setback,
as
required
by
chapter
26,
section
3.4,
G2,
Punta
Gorda
code
at
an
existing
single-family
residential
structure,
Construction
in
1971,
a
legal
block
of
33
LT
11,
section
5,
Punta,
Gorda,
Isles,
AKA,
345,
Bel,
Air,
Court,
Punta,
Gorda,
Florida,
33950,
Charlotte,
County,
parcel
ID,
4122-114-7710.
A
All
right
anyone
intending
to
offer
testimony
in
today's
proceedings.
Please
stand
and
raise
your
right
hand,
do
you
solemnly
swear
or
affirm
to
tell
the
truth,
the
whole
truth
and
nothing
but
the
truth
in
today's
proceedings,
when
you're
ready
to
speak,
please
approach
the
podium
state,
your
name
and
indicate
that
you
have
been
sworn.
Thank
you.
D
D
C
B
C
A
D
So
approval
criteria,
criteria
number
one,
the
special
circumstances
or
conditions
exist.
The
house
was
built
in
1971.
It
met
the
code
at
the
time
of
construction.
There
are
properties
similar
in
size
to
other
General
single
family
Zone,
Parcels
staff
finds
there's
no
special
conditions
or
circumstances
that
exist
for
the
request
criteria.
Number
two:
strict
literal
enforcement
of
the
lane
development
regulations
create
an
undue
hardship.
Physical
disability
may
be
considered
where
relevant,
to
the
request.
D
The
proposed
the
request
is
a
proposed
13
foot
by
14
foot
Edition
to
provide
additional
functional
room
and
it
provides
an
additional
secure
room
to
serve
the
needs
of
a
family
for
the
family
to
care
for
a
disabled
family
member
approval
criteria,
number
three
hardship,
not
shared
generally
by
others.
Other
properties
have
same
configuration
and
setbacks.
Staff
finds
that
the
hardship
is
not
shared
generally
by
others
in
the
vicinity.
The
variance
is
not
injurious
or
incompatible
with
contiguous
uses.
It
is
a
three
foot
deviation
which
is
considered
minor.
D
The
addition
is
not
incompatible
with
contiguous
uses
and
should
not
be
detrimental
to
any
public
welfare
request.
Is
the
minimum
modification
to
afford
relief?
The
proposed
Edition
is
only
asking
for
a
three
foot:
deviation,
it's
in
the
front,
not
in
the
rear,
next
to
a
seawall
or
anything
like
that
to
compromised
NEC
wall
integrity
and
that
a
three
foot
deviation
is
considered
minor
condition,
giving
rise
to
the
request.
D
The
current
property
owner
purchased
the
property
in
its
existing
condition,
and
the
current
property
owner
did
request
the
variance
the
request
creates
the
non-conforming
issue
or
condition
the
request
does
not
involve
a
prohibited
use
and
the
request
does
not
involve
any
prohibited
use
and
the
variance
is
consistent
with
Comprehensive
plan.
It's
not
in
conflict
with
the
comprehensive
plan.
D
A
building
permit
will
be
required.
If
this
is
approved,
a
current
property
owner
must
can.
This
would
be
a
condition
of
approval
if
the
board
did
decide
to
approve
it,
the
current
property
owner
must
construct
the
addition.
If
the
property
sells
before
the
addition
is
constructed,
the
variance
would
be
extinguished
so
recommendations
based
on
the
literal
criteria
outlined
in
chapter
26,
section
16.10.
The
application
for
variance
the
application
does
not
meet
all
eight
required
criteria.
Therefore,
City
staff
cannot
recommend
approval.
D
B
Have
any
of
the
neighbors
written
a
letter
saying
it's
good.
E
Good
afternoon
my
name
is
Michael,
Hammonds
and
I
do
represent
this
family
and
they're
and
their
24
year
old,
son
Spencer,
and
that's
really
the
primary
condition.
The
the
things
that
add
up
to
the
meeting
the
criteria
and
I
appreciate
staff's
review
of
this
I
met
with
them
beforehand.
I
explained
what
the
circumstance
was
and
when
you
go
through
that
process
it
sometimes
staff
is
VM
only
opposed.
Sometimes
staff
is
well.
E
We
can't
really
say
that
we
agree,
but
we
won't
fight
you
and
that's
sort
of
where
we
are
on
this
one
or
they
say
that
they
they
agree,
and
so
I
appreciate
working
with
Lisa
and
staff
on
this.
We
do
if
you,
if
you
recommend
approval
for
this,
we
do
accept
the
conditions
it
was
proposed
by
staff
that
the
variance
would
expire
if
the
property
was
sold
before
Construction.
E
The
house
was
built
in
1971
and
it's
old
style
house,
and
it
was
the
size
that
people
were
building
back
in
that
time.
As
I
said
earlier
and
informally
I've
been
here
in
Charlotte
County
and
since
1960
our
family
came,
we
were
the
50th
house
in
puntwood
Isles
in
1961.,
I
I
did
have
the
the
letter.
I
mean
the
the
mail
route,
the
mail
route
I
had
the
newspaper
route
for
this
area
and
delivered
papers
on
Bel
Air
court.
E
That
was
a
little
bit
before
this
house
was
built
and
it
was
fairly
empty
along
at
the
time.
But
there
were
a
few
houses
on
it
and
this
house
is
very
similar
in
construction
to
those
which
is
adequate
for
for
for
most
families
and
for
most
circumstances.
But
this
family
bought
the
house
and
and
moved
down,
and
but
when
they,
when
they
got
here
year,
they
learned
that
there
was
a
twenty
thousand
person
waiting
list
in
order
to
have
daycare
and
facilities
and
help
for
their
pretty
autistic
and
down
syndrome.
E
Son
he's
got
some
noise,
Spectrum
issues
and
other
things
he's
comfortable
in
his
space,
but
he's
very
uncomfortable
in
in
places
that
he's
unfamiliar
with
and
and
so
they
need
to
have
people
in
to
help
him
and
to
provide
continuing
assistance
in
with
his
disabilities
for
his.
So
he
can
get
along
and
and
deal
with
the
world
better,
and
so
they
need
a
room
that
is
adequate
for
a
space
for
him.
He
has
a
bedroom
that
is
not
adequate
in
the
in
the
living.
E
Space
is
adequate
for
them
as
a
family,
but
it
doesn't
allow
them
to
have
the
space
that
they
need
for
for
the
extraordinary
help
that
their
son
needs
and
so
taking
a
look
at
the
house,
there's
some
space
that
could
expand
off
of
the
bedroom,
but
that
pushes
it
over
next
to
the
the
swimming
pool.
E
It's
also
keeps
it
very
close
to
the
neighbors
property,
that's
seven
and
a
half
foot
setback
and,
and
it
just
crams
it
in,
and
then
we
have
safety
issues
for
his
access
to
the
pool
area
and
so
and
so
the
putting
the
room
in
the
front
and
there's
said,
there's
actually
at
the
bathroom
and
then
there's
a
little
linen
closet
and
just
pushing
through
that
linen
closet
and
opening
and
and
having
a
room,
a
room
adequate
size.
So
it
can
be
useful.
E
A
10,
the
14
by
13
fits
with
the
existing
structure
of
the
house
on
the
the
front
end.
There's
a
wall,
that's
out
there.
That
goes
just
a
little
bit
past.
The
existing
knee
wall
out
there
there's
vegetation
that
the
neighbor
has
as
well
as
the
the
applicant
has
that's
significantly
out
into
the
into
the
front
setback
area.
And
so
what
purpose
the
setback
really
is.
Providing
under
this
circumstances,
is
pretty
minimal.
E
As
I
say,
the
there's
vegetation
that's
out
there
and
and
it's
it's
such
a
minor
incursion,
but
it
makes
a
huge
difference
on
the
interior
usability
size
of
the
room.
It
too,
narrow
and
and
it's
not
functional,
and
so
it's
a
function
of
it's
a
matter
of
form
that
needs
to
follow
function
in
this
circumstance
and
and
it's
a
it's-
a
minor
expansion
for
this
condition
that
that
the
condition
is
the
house
is
already
existing
in
its
configuration,
not
every
property.
E
That's
in
this
zoning
district
has
that
kind
of
condition
and
Circumstance
on
it,
and
so
it's
actually
the
geometric
structure
of
the
house
that
provides
the
one
of
the
conditions
that's
not
shared
by
by
all,
and
then
it's
the
the
external
ordinary
need
of
Spencer
of
their
son
24
year
old
son
and
their
need
to
provide
lifetime
care
for
for
the
young
man
and
so
to
some
extent,
I've
always
considered
variance
process
to.
E
Although
it's
it's
couched
in
objective
terms
that
there's
some
subjectivity
within
those
terms
and
conditions,
particularly
when
referred
to
the
disability
that
that
works
here
and
and
so
I
I
see
the
variance
as
a
relief
to
provide
reasonable
use
and
mercy
for
a
family.
That's
really
has
a
need
and
nobody's
complaining.
We've
got
three
letters
that
are
very
supportive.
The
those
people
will
be
at
the
hearing
for
the
city
council
as
we'll
sponsor
it
at
that
time.
I
didn't
want
to
do
that
to
him
for
two
separate
hearings.
E
So
so
please,
if
you
can
see
through
to
to
to
recommending
approval,
sure
proof
appreciate
it.
I
know
staff
isn't
going
to
fight
about
it
and,
and
we
believe
that
there
are
special
circumstances
that
exist
because
of
the
1971
construction
of
the
home
and
the
configuration
that
it's
in
and
the
special
circumstances
of
Spencer
I'm
here
to
answer
questions
and
not
to
drag
this
out.
Thank
you
very
much
for
your
attention.
E
E
1308
square
feet,
area,
AC,
Area,
1,
308,
feet,
I.
Think
because
there's
a
pool-
and
it's
there's
two.
D
And
sounding
official:
no,
that's
just
an
outline
from
the
eagle
technology
imagery,
that's
just
an
outline
of
the
property
when
you
look
at
the
property
appraiser
and
they
put
the
lines
on
there.
Those
are
not
accurate
lines.
Those
are
just
estimated
property
lines.
What
we
have
to
the
right
of
that
is
the
actual
survey
of
the
property,
those
blue
lines,
those
those
are
dependent
on
where
the
airplane
was
when
they
took
the
aerial
photography,
though
you
cannot
count
on
those
for
actual
survey
data.
So
let.
C
D
It's
going
to
match
up
with
the
existing
house,
which
has
a
9.2
foot,
side,
yard
setback
and
the
front
yard
setback
will
be
22
feet
instead
of
the
25
feet,
as
is
required,
I
believe
the
house
on
I
can't
see
it
real
real
well,
but
I
think
it
has
like
a
30
foot
setback
right
now
to
the
garage
where
it
is
so
it's
pretty
close,
so
bumping
it
out
on
the
front
it
by
a
you
know,
into
three
feet
into
the
front
yard.
Setback
is
what
they're
requesting.
E
If
you
look
on
the
on
the
aerial,
if
you
go
back
to
that
aerial,
that
has
the
where
you,
the
blue
lines,
were
confusing
and
look
at
the
wall.
That's
up
front
there,
as
you
see
that
little
angle
that
comes
out
the
wall,
that's
what's
represented
as
the
outside
edge
of
where
those
tiles
are
on
that
drawing,
and
so
it's
just
a
couple
of
feet
past
those
that
wall-
and
it
would
just
be
on
that
end
of
the
house.
C
B
V-01-2022
with
the
conditions
for
approval
from
the
with
the
conditions,
support.
B
C
A
I'm,
sorry
is
this:
oh
there
we
go.
There's
The,
Sweet
Spot,
the
city
clerk's
office
has
been
in
the
process
of
reviewing
and
offering
suggested
amendments
for
the
bylaws
for
the
City,
Sports
and
committees,
in
coordination
with
staff
from
other
departments
as
well
as
members
of
the
boards.
As
part
of
the
review
process,
staff
discussion
arose
regarding
whether
the
city
would
be
well
served
by
transferring
the
board
of
zoning
appeals.
A
Duties
to
the
Planning
Commission,
which
meets
with
greater
frequency
staff,
has
found
that
many
municipalities
have
combined
their
planning
boards
with
their
zoning
appeal
boards,
which
streamlines
staff's
appointment
and
agenda
processes,
reducing
staff
time
and
offering
cost
savings
to
the
cities.
The
city
clerk's
office
would
also
like
to
note
that
some
members
have
declined
reappointment
due
to
the
infrequency
of
meetings
in
order
to
transfer
the
board
of
zoning
appeals
duties
to
the
Planning
Commission.
A
An
ordinance
Amendment
would
be
required
to
reassign
the
board's
duties
to
the
Planning
Commission
in
chapter
26
of
the
Punta
Gorda
code,
and
a
resolution
would
be
needed
to
transfer
those
duties
to
the
commission's
bylaws
Council
approval
would
be
required
for
such
an
ordinance
and
resolution.
Therefore,
if
a
change
were
to
be
made,
it's
still
a
ways
off.
We
would
like
to
schedule
an
item
for
councils
and
put
on
the
matter
in
the
near
future.
A
Staff
is
so
greatly
appreciative
for
the
dedication
of
each
of
our
members
on
all
of
our
boards.
You
set
a
time
time
each
month
so
that
you
can
attend
these
meetings
and,
more
often
than
not
the
sports
meetings
end
up
being
canceled.
We
will
keep
members
informed
of
council's
decision
as
to
whether
or
not
to
pursue
reassigning
the
sports
duties
to
the
Planning
Commission,
and
if
they
are
amenable
to
such
a
change,
we
will
be
sure
to
let
you
know.
If
that
does
happen.
A
We
strongly
encourage
each
member
here
to
apply
to
serve
on
other
City
boards.
There
are
so
many
opportunities
and
ways
to
engage
with
our
government
and
we
don't
want
to
lose.
You
so
with
that
I'd
like
to
know
if
the
members
have
any
comments
that
they
would
like
passed
on
to
city
council
or,
if
you'd
like
time
to
think
on
it.
We
can.
We
will
email
you
before
we
schedule
an
item
for
the
council
agenda.
B
I
am
I
I,
think
that
there's
a
mistake
being
made
by
our
city
council,
in
limiting
a
person
to
only
one
board,
I
understand
that
some
people
may
have
abused
it
and
been
on
too
many.
But
we
have
had
so
many
board
openings
for
such
a
long
time
and
we
have
good
people
out
there
that
are
willing
to
do
that
twice
a
month.
I
really
think
that
they
should
be
encouraged
to
rethink
the
way
that
they
are
moving.
A
C
C
C
That
may
or
may
not
be
an
issue
later
on,
but,
like
I
said
I'm
at
least
willing
to
work
with
the
council
and
you
and
the
staff
and
seeing
us
ease
of
transition.
Whatever
we
decide
to
do
and
I
want
to
thank
all
my
members
that
are
here
today
for
your
service
and
for
all
that
you've
done
for
us
in
making
this
as
successful
as
we
can.