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From YouTube: Board of Zoning Appeals 05/23/2023
Description
Board of Zoning Appeals 05/23/2023
B
E
C
E
D
B
D
One
of
our
nice
sound
Civic
duties
as
citizens
of
the
United
States,
makes
me
proud
and
happy.
First
of
all,
I
would
like
to
thank
our
Board
of
zoning
appeals
staff
for
their
hard
work
and
their
efforts,
always
I
always
give
you
credit
where
credit
is
due,
because
without
you,
none
of
this
would
be
possible
on
behalf
of
our
citizens
or
our
board
and
I
continually.
Thank
you
guys.
So
we'll
call
this
meeting
to
order
could
I
have
a
roll
call.
Please.
C
D
E
D
So
anybody
knows
about
the
board:
the
board
is
a
quasi-judicial
board,
so
all
parties
involved
will
be
sworn
in
because
of
that
matter.
Our
role
as
a
board
is
just
to
make
a
recommendation
to
the
city
council.
So
if
you
have
any
objections
or
any
appeals
that
will
go
to
the
city
council,
so
we
only
make
a
recommendation.
D
Our
decision
is
not
final
city
council
will
hold
that
as
a
final
decision
making
process,
and
obviously
those
of
you
who
are
present
do
have
the
right
to
have
an
attorney
which
I
see
is
present
in
the
moment,
will
duly
swear
everybody
in
so
that
it
becomes
an
official
record.
Okay,
I
just
wanted
to.
Let
you
know
that
we
do
hear
you,
but
it
is
a
quasi-judicial
board
and
then
the
city
council
has
a
final
matter
on
on
the
decision.
Okay,
any
further
comments
that
we
need
to
make
before.
F
F
It
quick
overview
of
the
responsibilities
of
the
chair
and
vice
chair,
they're
elected
each
February
by
members
of
the
board
and
served
for
one
year.
They
can
serve
a
maximum
of
three
consecutive
years.
If
re-elected
as
host
of
the
assembly.
The
chair
performs
a
number
of
Duties.
The
chair
runs
meetings
in
accordance
with
the
agenda.
The
vice
chair
runs
meetings
in
the
chair's
absence.
F
F
F
Three
minutes
per
individual,
except
in
the
case
of
a
quasi-judicial
public
hearing
where
there
is
an
applicant
making
presentation,
they
are
allotted
30
minutes
just
as
staff
is
the
chair,
places
business
on
the
floor
by
reading
the
agenda
items
title
and
keeps
discussion
focused,
this
can
involve
reminding
members
of
the
purpose
of
the
item
or
remaining
areas
to
be
addressed
and
calling
for
motion.
If
no
new
points
are
made,
the
chair
should
end
sidebar
conversations.
They
observe
as
those
are
a
violation
of
the
Sunshine
Law
and
ensure
proper
motions
are
made.
F
This
includes
calling
for
a
motion
when
necessary,
ensuring
the
motion
is
seconded
before
the
members
discussion
begins.
If
the
motion
is
not
seconded,
the
chair
should
announce
that
the
motion
has
died
for
lack
of
a
second.
The
chair
should
restate
the
motion
following
discussion
and
then
call
for
an
I
vote
and
enable
both
that
way.
There's
never
a
question
of
whether
or
not
the
vote
was
unanimous
and,
of
course,
the
chair
should
also
announce
the
result
of
the
vote.
F
As
for
maintaining
order,
the
chair
should
lead
by
example,
adhere
to
the
rules
of
conduct
and
sure
board.
Members.
Do
as
well
be
fair
and
impartial
in
treatment
of
board
members
staff
and
the
public
insist
on
roally
or
disorderly
individuals,
be
courteous
in
language
and
presentation,
request:
individuals
who
fail
to
comply
to
leave
the
meeting
and
recess
the
meeting
if
order
cannot
be
maintained
so
that
staff
can
take
measures
to
restore
order.
F
D
C
F
B
F
F
D
So
we're
going
to
open
it
up
to
any
public
comments,
but
before
we
do
that,
let
me
go
over
the
hearing
that
we're
going
to
do
today.
So
it's
a
quad
quasi-judicial
public
hearing
on
v01-2023,
a
request
by
Michael
P
Hayman's
authorized
agent
for
brightspace
and
time
LLC
property
owner
pursuant
to
chapter
26,
section
16.10,
Punta,
Gorda
to
construct
a
new
pool,
pool
deck
and
screen
enclosure
with
a
12.38
foot,
rear
yard
setback
at
the
closest
points.
D
G
E
G
G
We
have
a
brief
presentation
regarding
this
variance
request
for
310
Gill
Street.
Existing
conditions
is
a
single
family
home
with
a
semi-detached
accessory
dwelling
carport.
The
proposal
is
to
add
a
new
construction
pool,
pool
decking
enclosure,
the
required
rear
yard
setback
is
15
feet
per
code
and
the
proposed
rear
yard
setback
is
12.38,
I
believe
yes,
3
8.
G
the
approval
criteria
and
I'll
go
through
them,
and
so
the
the
numbered
are
the
actual
criteria
and
the
letters
are
or
staff
findings
special
conditions
and
circumstances
that
exist.
This
is
a
1950
construction.
The
construction
did
meet
code
at
time
of
construction.
The
property
is
similar
in
size
to
other
Parcels
zoned
in
our
neighborhood
residential
10
staff
does
find
that
there
are
no
special
conditions
or
circumstances
relative
to
this
particular
property.
G
Strict
in
literal
enforcement
item,
two
of
the
ldrs
create
an
undo
hardship.
Physical
disability
may
consider
be
considered
if
relevant,
proposed.
The
new
pool,
pool
deck
and
screening
closure
32
feet
deep
31
and
some
inches
wide
creates
a
12.38
rear
yard
setback
does
not
meet
the
literal
criteria
of
a
hardship.
G
G
The
variance
item,
four
variance,
is
not
injurious
or
incompatible
with
contiguous
uses.
Other
properties
have
pools,
pool
decks
and
enclosures,
which
are
compliant
with
the
Land
Development
regulations
if
approved.
However,
this
variant
should
not
be
detrimental
to
public
welfare
item
number.
Five:
the
request
is
the
minimum
modification
to
afford
relief.
This
is
a
proposed
Edition.
The
deviation
is
two
points
0.62
feet.
It
is
considered
minor.
However,
we
did
find
that
the
pool
could
be
redesigned
to
meet
the
setback
requirement.
G
Item
six
condition
giving
rise
to
the
request.
The
current
owner
purchased
the
property
in
its
existing
condition.
The
current
owner
requested
the
variance
the
variance,
creates
a
non-conforming
condition
item:
seven:
the
request
is
not
involve
a
prohibited
use
which
it
does
not
pools
and
pool
decks
and
pool
cages
are
permitted,
and
this
is
an
in
classification
item.
G
Eight
variance
is
consistent
with
the
comprehensive
plan
and
this
request
was
found
to
not
be
in
conflict
with
any
provisional
comprehensive
plan,
as
this
proposed
use
was
permissible
under
the
zoning
and
future
land
use
additional
finding
the
property
is
located
within
the
national
registered
district
and
any
exterior
modifications
requires
a
certificate
of
appropriateness,
with
a
variance
application
to
be
approved
by
the
historic
preservation.
Advisory
Board
are
considered
by
their
that
board.
The
property
was
purchased
in
2021.
The
property
owner
is
an
LLC
from
Danville
Indiana.
G
No
registration
for
the
LLC
was
found
in
Florida
at
the
time.
The
staff
report
based
on
research,
the
property
does
not
appear
to
be
homesteaded
conditions
of
approval.
If,
if
we're
to
decide
for
approval,
staff
recommends
the
following
conditions
that
the
pool
pool
deck
and
enclosure
must
be
constructed
by
the
current
property
owner,
and
if
those
improvements
are
not
constructed
by
the
current
property
owner,
the
variance
shall
be
extinguished.
So
that's
a
time
limit
condition
based
on
the
current
ownership.
G
G
However,
based
on
the
literal
criteria
for
a
variance
outlined
in
the
Land
Development
regulations,
Urban
Design
staff
does
recommend
denial
of
the
variance
request
for
v01
2023,
and
that
is
the
end
of
our
presentation.
If
you
want
to,
if
you
have
any
questions
for
staff
who
are
here,
otherwise,
the
the
applicants
do
their
presentation.
D
G
G
G
D
A
Afternoon,
I'll
try
not
to
touch
that
again.
I
have
been
sworn,
my
name
is
Michael
Hammonds
and
I
am
the
agent
for
the
applicant.
You
know
she
bought
this
property
in
her
and
her
entity.
She
didn't
really
have
a
good
understanding
of
why
I've
talked
to
her
about
that.
She
can't
have
Homestead
in
that
condition
and
so
to
address
the
the
condition
if
approved.
A
We
would
accept
that
the
current
owner
or
the
the
principal
of
the
owner,
which
that
is
Angela,
Tims
and
she's
here
they
end
up
way.
Feeling
there
you
go
so
there's
a
real
person
involved
in
this
and
she
and
her
daughter
lived.
There
are
going
to
live
there.
They
both
have
some
physical
ailments
that
require
that
they
not
be
in
the
sun
much
why
they
moved
to
Florida.
You
know
there's
a
good
question
about
that,
but
the
sun
shines
every
place
that
what
they
have
is.
A
This
pool
is
going
to
be
a
salt
water
pool,
and
it's
so
does
not
have
chlorine
in
it
and
in
order
to
deal
with
the
the
ailments
and
it
needs
a
screen
enclosure,
and
so
it's
and
it
really
is
the
screened
enclosure
that
is
driving.
This
need
for
a
variance,
and
so,
if
I
may
approach
it
I
I
didn't
do
a
PowerPoint.
I
probably
will
do
one
for
later,
but
if
I
may
approach
it
so
this
is.
A
A
A
Don't
remember
the
exact
date,
but
but
I
went
over
and
and
looked
at
the
property
and
said
so
what's
what's
the
deal
here,
so
what
we're
looking
at
with
these
two
windows
and
the
roof
that
is
an
existing,
it
started
out,
I
think
as
a
garage
back
in
the
50s
and
then
was
it's
now
a
if
you
can
look
at
the
up
at
the
aerial
on
the
on
the
board
or
on
your
screen.
You
can
see
that
it's
got
the
same
roof,
it's
a
connected
roof!
It's
now
bedrooms!
A
It's
now
part
of
the
house.
It's
got
a
Breezeway,
but
it
is
part
of
the
house
and
it
is
a
lawfully
existing
structure
if
we
were
to
move
to
the
15-foot
setback.
Looking
back
at
the
the
the
picture
here,
so
so
this
structure
this
whole
bedroom.
This
whole
house
structure
is
closer
than
15
feet
to
this,
to
the
edge
of
the
property
and
so
and
so
what
we're
really
looking
to
do.
A
So
what
we're
really
trying
to
do
is
we're
trying
to
make
the
pool
cage
be
no
further
out
but
be
the
same
distance
out
as
the
structure
itself,
and
so
that's
a
little
bit
of
a
Twist
here
in
that
and
that's
a
condition
of
this
property
that
was
not
created
by
this
owner.
It's
a
condition,
that's
not
shared
by
other
properties
within
this
area
within
this
zoning
area,
and
so
it's
that
existing
house,
that's
already
within
the
setback.
What
are
we
protecting
everybody
from
is
really
the
underlying
question.
A
The
structure
is
already
within
the
setback
about
the
same
distance,
so
what
the
proposal
is
for
that
cage
is
for
it
to
come
to
the
edge
of
the
building,
as
opposed
to
being
in
the
middle
of
their
window,
which
is
a
window
out
from
a
bedroom
one
of
these
days.
It
may
even
be
a
door
out
to
the
to
the
pool,
but
so
so
this
this
two,
this
less
than
three
feet,
moving
that
cage
over
so
that
it's
it
is
in
the
same
condition.
The
same
setback
as
the
existing
building
makes
great
sense.
A
It
makes
I
mean
if
we
were
outside
of
this
thing,
that
that
we'd
say
oh,
that
makes
perfect
sense.
Of
course,
that's
where
you
ought
to
put
it
so,
there's
a
hardship,
that's
not
created
by
this
applicant.
That's
the
condition
that
there's
already
the
that
building
that's
there
and
we're
trying
to
build
something
that
that
is
that
that
complements
each
other,
rather
than
now
detracting
from
so
that's
the
first
picture
and
and
really
and
truly
the
next
picture
I'm
going
to
show.
A
A
Yes,
we've
got
five
extra
feet
that
we're
counting
from
but
the
to
the
property
line,
but
that
also
means
there's
five
extra
feet
from
us
to
the
that
are
adjoining
property
owner
got
an
additional
five
feet
out
of
that,
that's
a
very
different
circumstance
than
the
neighbor.
Further
to
the
north
that
we're
looking
at,
which
has
two
houses
that
are
built
really
right
up
to
the
property
lines
and
you're
going
to
see
another
one
in
just
a
moment.
A
You
know
that
furthest
one
on
the
left,
that's
the
furthest,
one
on
the
right
on
this
one.
So
after
the
the
umbrella-
and
you
can
see
the
pool
there,
so
our
neighbor
has
a
pool.
Their
neighbor
doesn't
need
to
have
a
a
pool
cage
apparently,
but
you
can
see
also
that
how
close
the
neighbor's
property
line
and
fencing
is
to
it's
adjoining
neighbors
there.
A
The,
and
what
it
also
shows
is
that
with
the
vegetation
and
I
mean
really
and
truly
there's
no
view
that
gets
compromised
on
on
this,
because
there's
a
cage
there.
It's
that's
already
a
busy
sideline
between
the
the
houses
that
to
our
North
and
the
two
that
are
to
the
north
and
east,
and
that's
the
purpose
of
that
photograph.
This
next
photograph
and
I
really
appreciate
you
running.
For
me,
this
next
photograph
shows
basically
from
the
oh.
A
So
this
this
next
one
is
standing
on
that
north
side
of
our
yard,
looking
North
to
our
neighbor.
That
has
the
pool
that
I
showed
you
from
across.
So
you
can
see
across
the
street
the
the
house
that's
across
the
street
on
Virginia
over
there,
and
so
what
this
just
is
shows
you
how
the
the,
even
though
it's
encroaching
into
a
setback,
it's
really,
except
for
the
fact
that
I
mean
there's
trees.
There's
it's
open!
A
And
once
again,
this
one
just
shows
how
vegetation
and
proximity,
but
so,
if
you
notice,
there's,
certainly
not
15
feet
between
the
yellow
house
and
the
fence
of
that
of
that
neighboring
property,
and
so
there's
already
within
this
area,
people
whose
nice
big
houses
are
much
closer
than
15
feet
to
their
neighbor's
property
line,
and
so
we
don't
think
that
we're
asking
to
do
something.
That's
that's
inappropriate
in
the
neighborhood.
We
don't
think
it's
a
causes.
A
A
and
staff
agreed
with
that
you'll
you'll
expect
me
to
and
I'm
telling
you
that
I
disagree
with
staff
about
whether
we
meet
the
criteria.
We
do
believe
that
we
have
a
hardship,
that's
based
upon
not
only
the
need
to
have
a
pool
with
cage,
but
also
a
hardship
that
has
to
do
with
the
existing
configuration
of
a
of
a
house.
That's
there.
That's
within
this
is
close
as
we're
asking
to
be
for
the
cage
and
we're
doing
it
because
of
architectural
and
design
aspects.
A
C
D
D
A
D
A
A
D
A
It's
a
it
makes
huge
architectural
sense
and
it
makes-
and
it
recognizes
the
hardship
of
of
the
unique
condition
that
was
created
by
that
building
already
being
there.
So
we're
not
going
any
further
toward
the
property
line
than
our
existing
building
already
is
and
our
hardship
is.
We
need
a
cage
and
we
need
it
and
we
need
the
pool
in
order
to
meet
the
needs
of
the
health
needs
of
the
applicant.
C
A
B
B
E
E
G
This
Mr
chair
I'm
not
quite
sure
if
I
may
I'm,
not
quite
sure
what
the
question
is,
but
just
looking
at
the
survey
provided
by
the
applicant,
it
appears
that
the
fence
was
more
or
less
on
the
original
property
line,
so
there
should
be
five
feet
between
the
fence
and
the
current
property
line,
which
represents
half
the
distance
of
the
alley
which
was
plotted
at
10
foot.
So
foreign.
G
G
C
B
A
G
H
You
for
having
me
I
am
lucky
that
the
neighbor
across
the
street
was
the
one
that
I
bought
the
home
from
so
he's
been
very
helpful
to
help
me
to
understand
my
lot
and
my
property,
the
neighbor
beside
me
with
the
swimming
pool.
They
just
got
back
today
from
their
trip
and
I,
don't
have
anything
written,
but
I
got
a
big
hug.
That
said,
don't
worry,
it's
all
going
to
go
great.
H
Apparently
they
had
some
difficulties,
putting
their
pool
in
so
I.
Don't
know
if
they
had
to
ask
for
something,
but
they
seem
to
understand
more
than
I
do
what
it
is
I'm
trying
to
do
here.
As
far
as
my
lot,
the
one
thing
I
wanted
to
say
is
I
listened
is
if
you
pull
up
yes,
do
you
see
that
sidewalk
that
connects
the
two
properties?
H
Many
people
don't
understand
that
sidewalk
and
the
original
Builders
of
the
two
houses
each
lost
their
spouse,
and
that's
why
that
was
connected
because
he
was
seeing
her
but
back
then
you
kind
of
didn't
do
that,
and
so
they
just
had
that
little
walkway,
the
owner,
that
I
bought
the
property
from
wanted
me
to
know,
and
he
said
this
is
important
for
you
to
know.
He
said
your
fence,
you,
actually
your
property
goes
beyond
that
fence.
H
H
Oh,
my
neighbors,
the
neighbor
behind
me
wonderful
couple,
but
they
sold
their
house.
Her
father
died
and
they
now
live
further
out
in
Punta
Gorda.
They
moved
into
that
house
and
right
now,
it's
an
investor
that
has
a
house
behind
me:
I'm,
not
sure
what
his
intentions
are
with
it,
whether
he's
going
to
rent
it
or
sell
it
I'm,
not
sure
the
other
two,
ladies
beside
me
are
sisters,
and
that
has
been
their
original
home
and
their
family
and
they
seem
to
be
just
fine
with
it.
B
A
A
I've
written
articles
about
it,
I
believe
that
that
we
have
shown
that
we
meet
those
criteria.
We
have
a
difference
of
opinion
with
staff
about
it,
but
but
that's
what
you
all
are
here
for
and
what
the
city
council
is
here
for
the
and
we
do
have
a
health
condition
that
is
driving
this
and
I
hope
that
that
that
the
notion
of
of
good
or
good
design
helps
us
in
this
final
conclusion,
whether
it
is
the
basis
of
a
of
your
decision
or
not
I
hope
that
it
helps
illuminate.
A
B
A
D
D
D
G
G
So
again
from
us,
yeah
from
a
staff
perspective,
a
purely
technical
perspective,
the
pool
itself
could
be
shifted
closer
to
the
house
because
there's
sufficient
room
there.
The
closest
distance
currently
shown
is
8.4
feet,
so
subtract
two
and
a
half
feet
from
that.
A
little
bit
more
and
you're
still
close
to
six
feet
away
from
from
the.
D
G
B
A
The
pool
over
the
pool
shift
is
not
something
that
we
are
necessarily
against.
It's
the
shift
that
that
then
causes
for
the
pool
cage
because
we're
trying
to
save
that
window.
The
View,
because
right
now,
if
you're,
if
you're
on
the
setback
line,
then
you're
in
the
middle
of
that
window,
that
that
very
first
photograph,
that
I
showed
you
you're
you're
in
the
window
and.
D
G
D
E
G
A
E
A
D
D
A
We're
moving
it
further
up
out
toward
the
edge
of
the
building
right
to
the
to
the
edge
here,
yes
yeah,
and
so
that
that
building
that
edge
is
already
at
the
12.2
feet.
It's
not
15
feet
from
the
property
Edge.
That's
all
we
want
is
we
want
to
mirror
what
we
already
are
encroaching
into
the
setback,
not
it
it's,
and
it's
because
of
the
cage
and
that's
right:
how
do
you
get
out
of
the
window
if
you've
got
a
pool,
cage.
A
Which
is
what
staff
is
saying
that
that
that
that's
how
they
would
see
this
happening
is
put
your
pool
cage
in.
We
don't
have
a
problem
with
that,
but
that
blocks
the
window
with
the
fire
escape
issues
that
you've
identified
and
it
and
it,
and
it
keeps
us
from
being
able
to
use
that
window
for
the
purpose
that
it's
there
as
a
window
and
ultimately
as
a
doors
in
order
to
open
out
onto
the
pool
and-
and
all
our
argument
really
is.
A
A
A
Setback,
that's
not
like
any
of
these
other,
although
I
have
to
also
say
it's
not
so
far
into
the
setback
as
to
create
a
problem
in
the
neighborhood.
As
a
matter
of
fact,
when
you
look
in
the
neighborhood,
two
of
the
other
buildings
are
very
much
closer
than
15
feet
to
their
neighbors,
where
they
have
the
pool
that
doesn't
have
a
cage.
D
D
D
D
D
E
D
B
Yeah,
where
is
it
thanks
that
the
recommend
the
staff
recommended
conditions
of
approval
that
they,
if
the
the
pool
pool
deck
and
enclosure
must
be
constructed
by
the
current
property
owner?
If
the
pool
pool
deck
and
enclosure
are
not
constructed
by
the
current
property
owner,
the
variants
will
be
extinguished.
B
G
A
D
It's
only
because
that
motion
that
secondary
motion
was
put
in
play,
okay,
we're,
okay,
with
that
everybody
right
all
right.
All
right
so
can
I
have
a
second
on
the
motion.
I'll
restate
the
motion
that
the
motion
for
v01203
a
request
by
Michael
P
Hayman
authorization
for
brightspace
and
time
LLC
owner
pursuant
to
chapter
26,
section
16.1
of
Punta
Gorda
code
to
construct
a
pool
and
pool
deck
and
screen
enclosure
with
a
12.38
foot
yard
setback
at
the
closest
points.
D
D
E
D
D
D
C
G
G
Primarily
be
structured
the
same
way
as
as
the
Planning
Commission
is
in
terms
of
its
duties
and
responsibilities.
It
would
just
add
those
bza
duties
and
responsibilities
to
its
list
of
of
responsibilities.
The
Land
Development
regulations
are
currently
being
updated.
It
is
anticipated
that
those
Land
Development
regulations
will
be
ready
for
Council
consideration
towards
the
end
of
this
calendar
year
2023
and
due
to
some
of
those
changes
requiring
the
comprehensive
Plan
B
updated
and
the
review
timelines
for
that
by
the
state
of
Florida.
G
So
that
means
that
this
board
would
continue
until
all
those
changes
were
adopted,
because
we
want
to
wrap
those
up
with
the
changes
since
we're
already
having
to
change
the
document.
Bza
is
scattered
throughout
the
existing
Land
Development
regulations,
so
it
makes
most
sense
to
carry
out
that
proposed
change
simultaneously
with
the
bigger
change.
C
G
They
already
handle
quasi-judicial
public
hearings,
every
zoning
Amendment
every
comprehensive
plan,
Amendment
and
other
duties
that
they
have,
like
special
exceptions,
are
also
quasi-judicial
public
hearings,
so
they're
familiar
with
that
or
that
board
already
has
baked
into
it
those
processes.
We
just
need
to
add
this
board's
responsibilities.
G
B
Mitchell,
are
you
going
to
tell
the
council
that
that
we
would
be
qualified
for
a
second
board
membership
because
the
way
they've
written
it
now,
you
can
only
be
on
one
you're,
only
grandfathering
out
what
you
are
on.
So
if
we
still
are
members
of
the
zoning
board,
we
can't
apply
for
any
other
board.
B
E
G
A
G
Seven
members,
seven
plus
two
alternates,
so
it's
Planning
Commission-
is
seven
members
plus
two
alternates.
So
there's
a
total
of
nine
positions
for
that
board.
I,
don't
know
if
they
have
any
openings
or
what
the
schedule
of
openings
moving
forward
is,
but
they're
they're
always
seem
to
be
opening,
so
it's
it
may
be.
There
may
be
some
gaps
or
overlaps
and
we
can
certainly
the
city
clerk's
the
best
Avenue
to
address
those.
B
There
are
people
that
sit
on
the
council
that
are
adamant
about
only
one
membership,
so
you're
asking
us
to
go
ahead
and
be
a
part
of
the
community
which
we
want
to
be,
but
we're
really
not
allowed
is.
Is
it
possible,
since
you're
sunsetting
the
zoning
board,
to
make
those
members
of
the
zoning
board
able
to
be
on
two
boards
for
this
short
period
of
time.