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From YouTube: Variance Review Board 10-12-21
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A
Evening
empty
chairs,
but
hopefully
there
are
people
elsewhere
that
are
watching
this.
Ladies
and
gentlemen,
attendees
and
participants
welcome
to
the
october
12
2021
meeting
of
the
city
of
tampa
variants
review
board
from
my
left.
The
members
of
the
board
are.
A
Also
in
attendance
this
evening
we
have
from
legal
camario
pedestal
and
simone
savino.
E
A
From
development
coordination
we
have
jane
madue
as
well
as
eileen
rosario,
and
I
guess
eric
left
because
he's
still
around
eric
cotton
from
natural
resources.
We
have
natural
resources.
No,
oh,
that's
right,
because
our
treat
case
canceled
and
from
transportation
we
have
jonathan
scott.
A
There
are
some
procedural
rules
you
need
to
follow
due
to
the
coveted
19
pandemic.
Please
adhere
to
safe
social
distancing
as
well
as
set
within
the
room.
Please
maintain
wearing
face
masks
at
all
time
when
your
case
and
number,
when
your
case
number
and
petitioner's
name
is
called.
Please
approach
the
podium
when
you
approach
the
podium,
please
state
your
name
address
and
if
you
have
been
sworn
in,
the
petitioner
and
their
agent
will
have
10
minutes
to
make
a
presentation.
A
All
other
persons
or
participants
wishing
to
speak,
will
have
three
minutes
and
then
the
petitioner
will
have
an
additional
three
minutes
for
a
bottle
if
needed.
Time.
Periods,
as
stated
will
be
kept
by
the
board.
Any
information
such
as
pictures
or
plans
that
have
not
previously
been
submitted
as
part
of
your
petition
and
you
intend
to
present
at
this
hearing
for
consideration
in
support
of
your
petition,
must
be
individually
presented
and
accepted
by
the
board.
A
After
acceptance
by
the
board,
you
must
submit
the
item
to
staff
for
it
to
be
entered
and
made
part
of
the
permanent
record.
The
board
bases
decision
on
competent
and
substantial
evidence
which
is
presented
in
which
meets
the
criteria
required
by
the
city
code
of
ordinances,
please
be
sure
to
clearly
state
your
hardship,
your
hardship
criteria.
During
your
presentation,
a
majority
of
the
board
is
needed
to
approve
your
variance.
A
A
variance
granted
by
the
board
will
only
be
will
be
only
for
what
is
shown
on
the
site
plan
and
will
be
in
compliance
with
any
terms
and
conditions
stated
in
the
approval
by
the
board.
All
other
city
codes
will
need
to
be
met
if
the
case
is
approved,
your
variance
will
expire
two
years
from
the
date
of
decision.
The
case
is
continued.
It
will
be
continued
to
either
next
month's
vrb
board
agenda
or
to
the
next
available
position
on
an
upcoming
vrv
board
agenda.
A
If
the
case
is
denied,
you
may
wish
to
have
the
variance
review
board's
decision
appealed
by
the
city
council.
You
must
review.
You
must
file
a
petition
for
review
of
the
board's
decision
within
10
business
days
of
the
written
decision.
You
will
not
be
able
to
pull
any
permits
until
after
the
10
days.
Review
period
has
passed
your
cooperation
and
ensuring
that
this
meeting
is
run
smoothly
is
greatly
appreciated.
F
A
All
right,
all
those
in
favor
of
approval
of
the
meeting
minutes,
say
aye
aye,
any
opposed,
meaning
minutes
are
approved.
Oh
at
this
time,
I
will
ask
legal
staff
to
please
confirm
whether
there
are
any
ex
parte
communications
or
conflicts
with
any
of
the
board
members.
F
F
Additionally,
in
the
hearing,
none
for
the
record
additionally
will
the
board
members
please
state
whether
or
not
they've
had
any
conflicts
of
interest
is.
Did
I
already
say
that
conflicts
of
interest
regarding
any
of
the
items
that
are
on
the
agenda
hearing
none
for
the
record.
Thank
you
so
much.
Okay,.
A
I
have
been
advised
of
one
requested
change
to
the
agenda
our
first
case.
It
requires
an
interpreter,
as
does
our
last
case.
Would
anyone
mind
making
a
motion
to
bring
case
vrb12123
up
to
the
second
case.
You
want
it
up
to
the
first
case,
no.
F
Mr
chair,
I'm
sorry.
The
second
case
is
not
here
yet
so
I'd
ask
staff
on
the
second
floor
to
send
the
second
case
as
soon
as
it
comes,
and
we
could
just
amend
the
agenda
as.
A
Oh
okay,
so
would
you
like
to
do
that
motion
now
then?
Yes,
okay!
Well,
let's
go
ahead
if
anyone
could
make
a
motion
to
move
case
123
up
to
the
second
case,
so
that
we
can
have
our
two
interpreter
cases
together.
A
Thank
you
all
right,
all
those
in
favor
of
moving
case,
one
two
three
say
aye,
any
opposed.
All
right
case
has
moved
up
in
the
agenda.
Okay,
swearing
in
yeah.
F
A
F
G
G
G
H
G
G
G
H
That
is
in
reference
to
section
27-156.
H
This
is
the
front
of
the
structure,
the
house
in
question,
and
this
is
the
site
plan.
This
side
plan
shows
the
previous
structures
that
were
on
the
property.
There
was
a
pool
and
there
was
an
accessory
structure
that
has
been
removed.
E
A
All
right
with
the
petitioner,
please
state
her
name
her
address
and
confirm
that
she's
been
sworn
and
then
she
has
10
minutes
to
make
a
presentation.
G
I
G
The
truth
is,
I
cannot
be
blamed
for
this
because
I
built
the
addition
so
that
he
could
be
by
my
side
so
that
he
could
be
with
me.
I
G
A
Okay,
is
there
anything
else
that
she
would
like
to
share
with
us
at
this
time,
specifically
about
the
placement
why
the
structure
was
placed
where
it
is,
would
be
helpful.
G
G
I
G
Okay,
well,
really,
nothing,
and
in
this
time,
at
this
time,
all
of
us
have
children
and
we
make
we
commit
errors.
We
make
errors,
and
I'm
here
to
ask
you
to
help
me.
I
understand
that
there
are
codes
and
laws,
and
I'm
here
because
the
process
that
it
is
here
in
front
of
us
has
to
be
legalized
and
I'm
here
from
beginning
to
end.
A
Yeah,
so
let's,
let's
focus
this
way:
it's
okay!
We
understand
mistakes
happen.
We
understand.
Sometimes
things
get
built
before
permission
is
given
and
the
way
the
the
way
go
ahead.
A
A
G
A
H
If
I
may
interject,
mr
chairman,
I
just
wanted
to
jane
maddie
for
development
coordination.
I
just
wanted
to
make
sure
that
I
mentioned
that
there
there
is
a
pending
code
violation
on
this
particular
property,
and
that
is
why
she's
here
for
the
variance
in
order
to
get
that
yeah.
A
G
I
G
I
G
This
next
picture
is
part
of
the
addition
that
I
made
and,
as
you
see,
there
is
a
door
that
connects
to
the
house.
I
G
I
G
I
A
Okay,
let's
do
this
if,
if
she's
complete
with
her
presentation,
if
that
completes
her
presentation,.
A
Okay,
yes,
why
don't
we
see
if
there's
anyone
in
the
audience
who
wants
to
speak
and
then
we'll
open
it
up
to
questions
and
then
maybe
that'll
help
us
understand
it
a
little
bit
more
okay,.
A
So
is
there
anyone
in
the
audience
who
would
like
to
speak
on
this
on
this
petition?
That
looks
like
nobody
all
right,
so,
let's
open
it
up
for
any
board
questions
that
we
might
have.
Does
anyone
want
to
start.
E
E
F
G
E
A
G
A
Okay,
all
right!
Well,
then,
with
that
we'll
close,
the
public
hearing
and
open
it
up
for
discussion
or
emotions.
D
So
this
is
obviously
these
kind
of
emotional
cases
are
the
more
difficult
ones.
I
think
for
us.
Excuse.
F
Me
miss
decker,
sorry,
kamaria
pettis
mackel
from
the
city
attorney's
office.
If
the
board
members
will
just
keep
in
mind
that
an
interpreter
is
here
and
that
we
need
to
speak
louder
and
slower
right
for
her
to
translate.
D
Right,
so
these
kind
of
cases
are
always
really
difficult
for
me.
In
this
case
you
know
I've
gone
through
the
five
hardship
criteria
and
I'm
having
a
hard
time
identifying
one
of
the
factors
that
outweighs
that
this
was
you
know,
a
result
of
the
action
of
the
applicant.
D
G
C
House
is
from
the
40s
you
can
tell
by
the
sight.
Planet
was
not
even
built
straight
on
the
lot.
The
lot
itself
doesn't
appear
to
be
straight.
Who
knows
the
conditions
under
which
it
was
constructed
in
the
40s?
It
appears
to
be
very
small.
We
don't
have
the
square
footage.
C
We
do
have
the
square
footage
of
the
addition
and
it
looks
to
be
about
half
the
size
of
the
house
itself,
which
means
the
house
is
probably
somewhere
between
a
thousand
and
twelve
hundred
square
feet,
I'm
guessing
so
you
know
if
we
had
looked
at
this
on
its
own.
Originally,
we
do
see
a
large
number
of
cases
that
come
here
with
very
old
small
houses
that
need
reasonable
living
space
to
accommodate
modern
families.
C
C
F
Tomorrow,
pettis
mackel
from
the
city
attorney's
office
in
evaluating
whether
or
not
the
hardship
criteria
has
been
met.
The
criteria
is
based
on
a
singular,
the
the
evidence
that's
presented
for
this
application,
not
per
se
what
was
previously
presented
in
what
could
have
been
presented
if
this
was
not
already
built,
because
that's
not
a
part
of
this
record.
F
What
is
the
part
of
the
record
is
that
the
applicant
built
the
addition
based
on
her
son's
condition
and
that's
what
was
presented
from
the
applicant
today
and
that's
what
the
board
has
to
determine
whether
or
not
the
hardship
criteria
has
been
met
based
on
the
conditions
that
were
the
the
information
that
was
presented
from
the
applicant
well,.
A
Two
questions
on
that.
Then
one
we've
talked
about
the
ada
issues
in
the
past.
A
F
E
A
And
so,
even
though
the
applicant
didn't
speak
about
them,
we
can
look
at
the
documents
that
are
in
front
of
us
and
we
can
rely
upon.
A
And-
and
the
applicant
did
speak
about
that,
the
other
piece
that
I
would
talk
about
is
that
there
is
a
layout,
that's
provided
in
the
documents
that
are
in
front
of
us.
There
is
a
clear
explanation
as
to
why
just
looking
at
the
documents
as
to
why
this
edition
was
built
where
it
was
built.
A
D
All
second,
with
one
amendment
that
we
just
also
note
that
the
10-foot
setback
you
know
appears
to
not
substantially
interfere
with
the
health,
safety
and
welfare
of
neighboring
property.
I'm.
G
D
So
I
said
I
would
second
the
amendment
or
sorry
the
the
motion.
If
we
can
amend
it,
to
identify
the
fact
that
there's
a
gap
between
the
rear
of
this
house
and
the
adjacent
properties.
A
A
G
A
A
Okay,
you
have
10
minutes
to
explain
to
us.
H
All
right,
it
will
only
take
a
few
minutes.
The
property
owner
is
carlos
julianae,
and
the
address
is
1712
west
diana.
G
H
And
this
is
for
an
existing
single
family
residence.
The
code
section
in
reference
is
section
27-156.
H
H
Still
some
more
pictures
of
the
property
and
the
lot
line
runs
close
to
where
you
see
the
fence
in
the
picture
to
the
left,
the
board
will
take
into
consideration
section
27-80
in
the
determination
of
this
variance,
request
and
staff
is
available
for
any
questions.
H
No,
it's
not
a
code
violation,
but
there
was
a
request
to
split
vlogs.
That's
what
I'm
saying.
G
H
Splitting
this
a
lot
would
this
structure
as
a
non-conforming
structure,
so
the
options
are
to
either
demo
the
existing
structure
or
request
the
variance
and
they
have
children
to.
F
This
is
not
to
split
the
lot
two
ways,
but
to
split
the
lot
three
ways
this
is:
he
he's
not.
A
All
right,
so
you
have
10
minutes
to
talk
about.
We
understand
why
the
property
is
being
situated,
where
it
is
tell
us
about
the
age
of
the
property.
How
long
it's
been
there
talk
about
the
change
and
why
it
should
be
okay
for
this
home
to
sit
where
it
sits.
K
G
G
G
G
I
need
to
stop
here,
for
can
I
be
off
the
record
for
one
second
and
the
the
gentleman
is
putting
all
the
pictures
on
the
table
and
he's
talking
about
each
one
of
the
pictures.
So
I'm
gonna
give
him
instruction
that
he's
gonna
talk
about
each
one
of
the
features
to
do
it,
one
at
a
time,
because
you
can't
just
put
them
on
top
of
it.
K
K
G
G
K
A
Okay,
does
that
conclude
your
presentation.
A
G
F
And
just
before
he
shows
kamaria
pettis
mackel
from
the
city
attorney's
office
just
before
he
shows
the
pictures.
Just
as
a
reminder.
There
is
no.
There
is
no
determination
from
the
city
regarding
the
three
lots
that
he's
mentioning:
there's
no
approval
for
that.
Yet
right,
but.
G
E
K
K
K
G
A
A
All
right,
so,
first,
let's
find
out
is
there
anyone
in
the
audience
who
wishes
to
speak
on
this
petition?
Seeing
none,
let's
open
it
up
for
board
questions.
Does
anyone
have
any
questions.
G
K
G
C
F
A
Let's
do
this
if
you
could
put
back
the
site
plan,
could
you
put
up
the
site
plan
on
the
on
the
overhead?
Please.
A
Let's
start
with
the
one
that
shows
the
house
that
currently
exists:
okay,
great
there's,
so
if
you
could
point
to
the
house
that
currently
exists,
would
would
you
point
to
that?
Please.
A
G
G
A
K
A
It's
one
plotted
lot
as
it
is
right
now.
A
L
Got
two
questions
and
concerns
the
relating
to
the
survey
you're,
showing
us
and
the
side
setback.
I
don't
see
anywhere
that
shows
the
eve
on
the
survey.
Looking
at
your
photos,
there's
an
eve
that
exists
outside
the
building
that
looks
about
a
foot
and
plus
minus
if
it's
more
than
that,
if
it'll
essentially
be
sitting
on
the
property
line.
In
addition
to
that,
the
way
this
is
written,
reducing
the
west
side,
setback.
L
F
From
the
city
attorney's
office,
as
people
stated
he's
asking
to
reduce
the
setbacks
on
a
request
that
he
has.
F
Had
made
to
the
city
zoning
department
to
approve
a
three
lot
split
on
the
parcels
that
are
stated
that
the
applicant
has
presented
that
approval
has
not
been
made.
F
E
G
G
F
C
E
C
G
C
G
C
E
F
F
D
D
Never
like
goes
forward.
I
understand
what
you're
saying
that,
like
they're
in
theory,
a
reduction
in
their
setback
that
applies
to
lot
a,
but
since
it's
not
depiction
on
the
site
plan,
I'm
not
sure
if
that
causes
much
of
a
problem
for
us,
yeah.
C
G
A
So
it
would
be
based
upon
the
drawings
that
are
in
front
of
us
and
those
drawings
if
they
split
the
lot
they're
stuck
with
those
drawings.
If
they
don't
split
the
lot,
then
our
approval
is
moot.
Is
it
not.
F
F
A
Me
if
it's
okay,
let
me
ask
a
couple
of
questions
of
the
applicant
that
I
think,
in
my
mind
at
least
bear
upon
the
questions.
A
G
A
G
A
All
right
and
he
hasn't
made
any
requests.
He
needs
to
get
the
lot
split
before
he
can
build
that.
That
property
is
that
correct.
G
G
L
E
A
You
have
three
minutes
if
you'd
like
to
explain
anything
address
anything
that
was
asked
of
you
or
provide
any
additional
information.
A
Understood
we
would
like
to
know
that
too
we
haven't
figured.
G
A
Okay,
anything
else,
you'd
like
to
say
or
we're
good.
K
A
Okay,
with
that,
I
will
close
the
public
hearing
and
open
it
up
for
more
discussion
or
emotions.
A
E
A
I
look
I
to
me,
it
looks
like
there
are
plenty
of
dense
properties
around
here
and
that,
to
the
extent
that
they
are
creating
another
lot
and
that
lot
may
be
sold
may
be
kept
in
their
family.
Maybe
they
build
something
there
if
they
end
up
selling
those
lots,
whoever
takes
possession
of
them
is
going
to
take
possession
with
that
home,
as
it
sits
one
foot
from
the
property.
G
A
F
F
The
structure
or
he
could
choose
to
split
the
lot
in
two
ways
in
order
to
meet
setback
requirements
and
not
need
a
variance.
So
there
are
a
number
of
scenarios.
The
property
owner
could
actions
this
property
owner
could
take
in
order
to
avoid
a
variance.
A
Yeah,
but
you
can't,
I
understand
what
you're
saying,
but
you
can't
you
can't
look
at
it.
That
way
I
mean
if
somebody
is
in
a
house
that
was
built
before
they
acquired
it
and
they
acquire
the
house
and
it
sits
within
the
setback
yeah.
They
could
tear
it
down
and
rebuild
it,
but
you
can't
say
that
that's
a
self-created
hardship
by
not
tearing
the
house
down
and
rebuilding
it.
The
the
question
is
is:
is
the
splitting
of
the
lock
the
decision
to
split
the
lot?
Shall
that
be
considered
a
self-created
hardship.
F
The
staff
from
the
zoning
administration,
he
could
demolish
the
structure
in
order
to
avoid
a
variance
request.
G
C
C
A
A
G
E
G
E
D
One
other
consideration
is
that,
in
light
of
the
fact
that
you
know
the
eaves
could,
in
theory
like
move
the
house
a
little
bit
closer
to
the
proposed
property
line.
There's
if
the
you
know,
neighboring
lots
complies
with
the
current
setback
requirements.
D
The
two
houses
could
be
pretty
close,
and
one
of
the
things
that
I
hear
this
board
put
a
lot
of
emphasis
on
is
a
distance
separation,
so
you
know
we're
more
inclined
to
grant
a
variance
that
encourages
onto
a
setback
where
we
know
that
a
neighboring
property
owner
has
their
house.
You
know
far
enough
away
that
there's
no
like
fire
risk,
for
example,
and
so
here
I
have
some
concerns
about
the
health,
safety
and
welfare
of
the
adjacent
property
owners.
D
I
mean
to
your
point:
a
property
owner
who's
gonna,
build
within
seven
feet
on
the
adjacent
property.
Like
is
well
aware
of
the
current
location
of
this
house.
You
know
that
said:
seven
feet's,
a
really
small
distance.
C
G
G
G
F
Attorney's
office,
it
is
not
your
you
have
to
decide
based
on
the
evidence,
that's
presented
here,
not
what
potentially
could
happen
at
a
city
council
meeting
or
what
could
happen
that
your
your
purview
is
what's
presented
here.
D
G
A
Oh
yeah
also,
we
need
the
name
of
the
interpreter.
Please,
yes,.
G
G
E
E
E
A
A
E
E
F
E
H
H
A
picture
showing
the
house
as
it
sits
currently
on
the
site,
and
this
is
the
site
plan
showing
the
existing
house
on
the
site
and
the
proposed
addition
to
this
property.
H
A
Okay,
thank
you
with
the
petitioner
like
to
come
forward
state
your
name,
your
address
and
confirm
for
us
that
you've
been
sworn
please.
If.
N
I've
been
conformed
coming
up
and
sworn
in,
my
name
is
mark
bias.
I
live
at
3510
east
8th
avenue,
ybor
city.
I
have
with
me
my
builder
contractor
too
here
to
answer
technical
questions.
I'm
not
good
at
that
part
about
okay.
We
have
a
very,
very
unique
property
here
or
whom
there
is
okay,
and
it's
not
only
unique,
but
it's
also
extremely
historic,
too.
Okay,
I'll
give
you
a
quick
little
little
history
really
fast
here
in
the
1880s
there
was,
there
was
actually
three
homes
there
on
a
lot.
N
One
had
a
house
a
lot
two
had
a
house,
a
lot
three
had
a
house
and
lot
four
was
a
vacant
lot:
okay
in
1889,
it's
actually
in
gary,
which
is
a
suburb
of
ybor
city
and
that's
where
the
trains
turn
around
at
okay,
so
the
trains
pulled
in
there
to
turn
around
and
teddy
roosevelt
and
the
rough
riders
were
on
that
train
and
he
said:
hey,
let's
do
a
parade,
so
they
got
off
the
train
right
there
and
they
stopped
in
front
of
my
home.
N
That's
where
they
watered
their
horses
at
that's
in
the
documentation.
I
have
a
proof
of
that
between
house
one
and
two
was
the
well
and
the
pump
is
still
there
today.
I
can't
prove
the
fact
that
the
family
said
that
he
went
on
on
about
the
beautiful
tree
behind
the
whale
and
all
this
kind
of
stuff,
but
that's
just
hearsay,
but
that
goes
on.
In
1920
judge
leo
stallmacher
was
very
famous
for
taking
on
the
the
mob
in
ybor
city.
N
Here
he
purchased
all
three
of
the
homes
plus
the
vacant
lot
and
converted
it
back
to
one
one,
one
home,
one
lock
completely
altogether
his
own
home.
He
took
the
house
on
the
second
lot
and
slid
up
next
to
the
house
on
the
third
lot
he
took
the
house
on
the
first
first
lot
took
it
apart
and
put
on
top
of
the
house.
N
Technically,
I'm
not
saying
there,
okay
so
anyway,
so
and
six
years
ago
I
purchased
the
home
with
my
other
half
behind
my
back
here,
we
restored
the
whole
home
completely
kerry
did
sit
on
latino
borough,
commission
of
ybor
city,
so
the
entire
house
has
been
restored
to
the
status
of
of
the
latino
borough.
Commission.
Everything
is
historically
correct
on
the
house
itself,
all
right.
So
then
it
came
time
to
build
the
carriage
house
behind
it
there.
I
have
a
very
large
family
with
lots
of
family.
So
you
know
what
that
means.
N
They
all
come
to
florida
in
the
wintertime
down
here
and
the
home
is
actually
very
large,
but
it's
only
three
bedrooms,
so
we
need
a
couple
more
bedrooms.
That's
from
the
carriage
house
idea
came
in
technically
and
and
usually
in
old
historic
homes
like
this,
the
carriage
home
is
always
built
in
the
back
back.
A
lot
of
the
property
is
never
up
towards
the
front,
but
always
as
far
back
as
possible
on
it
and
here's
where
the
situation
comes
throughout.
N
Okay,
if
we
build
the
the
carriage
house,
15
foot
off
the
rear
setback
it'll
be
extremely
close
to
the
banyan
tree.
So
close,
I
mean
with
my
tape
measure
and
I
measured
it
out.
I
could
almost
touch
the
tree
and
the
house
at
the
same
time,
which
is
like
way
way
way
too
close.
Okay,
if
we
could
push
it
back,
10
more
feet
that
would
give
that
banyan
tree
a
chance
to
survive
and
keep
on
going
on.
Moving
on,
there
was
some
questions
earlier.
N
I
know
asked
about
banyan
tree
in
tampa,
and
so
we
went
to
the
university
of
florida,
our
minis
out
there
because
of
cove,
but
it
was
all
done
cell
phones
and
flows
back
and
forth,
but
it
isn't.
It
is
a
banyan
tree.
I
asked
him:
how
old
does
he
think
the
banyan
tree
was,
and
he
said
well
I'll,
be
in
there
can't
really
tell,
but
he
says
at
least
a
hundred,
but
it's
probably
more
like
120,
140
or
50
years
old,
and
he
said
the
bantry's
in
very
good
shape.
Right
now
I
asked
him.
N
I
said
if
I,
if
I
give
it
the
the
base
of
15
more
foot
back
flat
back,
would
the
tree
survive.
He
said
absolutely
well
for
sure
up
that
close,
though,
once
we
were
to
draw
do
the
footings
for
the
two-story
building
it
cut
through
all
the
roots
down
there,
and
the
tree
probably
would
not
survive
and
that's
our
our
hardship.
For
the
case,
I
guess
that's
all
I
have
perfect
one
more
thing
too.
N
Before
I
forget
also
is
that
the
east,
historic
east
ibr
and
gary
homer's
association
did
send
a
letter
which
I
forged
today
asked
them
to
have
this
approved
on
that,
and
I
just
sent
you
today
on
that.
So
that's
all
I
have
to
say.
A
Got
it?
Thank
you.
Is
there
anyone
in
the
audience
who
wishes
to
speak
about
this
petition,
seeing
none
open
for
board
questions
just
to
clarify
your
your
petition
is
to
to
cut
into
the
setback
in
order
to
protect
a
protected
trade.
That's.
N
A
E
B
Okay,
I
move
that
the
variance
request
for
vrb
2171
for
the
property
located
at
35,
3510,
east
8th
avenue,
be
granted
as
depicted
on
the
site
plan
or
the
new
site
plan
that
was
presented
to
us
today
at
the
public
hearing
for
a
reduced,
rear,
rear
yard
setback
from
15
to
5.2
feet
based
upon
the
applicant
presenting
competent
and
substantial
evidence
in
the
record
and
at
this
public
hearing
of
an
unnecessary
hardship
or
practical
difficulty.
B
When
considering
the
five
hardship
criteria
set
forth
in
section
2780
of
the
city
code,
specifically
that
being
a
property
with
historic
significance
and
also
trying
to
save
potentially
historic
banyan
trees
that
are
100
years
old.
The
site
plan
depicts
a
reasonable
variance
request.
Okay,
a
motion.
A
A
We
are
be
21
110
whenever
you're
ready.
H
H
H
E
O
Hello,
my
name
is
frank:
dejos,
I'm
the
professional
engineer
on
the
project
for
the
3131
west
fielder,
I'm
representing
miss
jessica
blair,
taylor
and
we
are
in
hopes
to
get
the
variance
reduced
for
the
required
rear
setback
from
20
feet
to
12
and
the
single
car
leading
edge
18
feet
to
7
foot.
Nine,
I'm
sorry!
Oh
yes,
I've
been
sworn,
I'm
sorry
jump
the
gun.
O
And
the
the
reduction
of
the
leading
edge
setback
from
18
feet
to
seven
foot
nine
to
match
the
existing
non-conforming
undersized
lot
with
a
open,
accessory,
carport
structure.
Now
the
existing
carport
will
be
removed
and
it
will
allow
for
the
construction
of
a
new
single
car
garage
with
a
second
story
office
and
a
work
from
home
office
for
the
client,
the
3131
west.
Fielder
property
is
zoned
as
an
rs
50,
which
per
the
zoning
table
and
4-2
has
a
minimum
square
foot
requirement
of
5
000
square
feet.
O
O
As
stated.
The
lot
is
currently
non-conforming
with
a
detached
carport
at
the
rear
of
the
home,
which
the
owner
currently
utilizes
and
would
like
to
have
as
part
of
an
attached
garage,
so
she
can
avoid
weather
and
be
closer
to
groceries
in
and
out
of
the
house
and
so
forth.
The
current
car
report
does
not
meet
requirements
for
the
structural
front
edge
for
a
two-car
carport
of
10
feet.
As
noted
in
table
4.2
note
8.
O
E
O
O
O
O
A
D
D
Yes,
that's
correct
all
right
and
then
the
second
question
is
this:
a
typical
rs
50
lot
is
100
by
50
feet
and
this
one's
slightly
smaller
than
that
correct.
O
B
O
E
E
Sure
city
tampa
jonathan
scott
transportation
yeah.
What
I
was
getting
at
was
I
couldn't
tell
if
you're
going
to
have
parking
in
there,
but
after
looking
at
it
but
more
carefully,
I
realized
you're
going
to
have
a
garage
there.
That
was
one
of
them
to
just
show
your
two
parking
spaces.
That
was
the
one
comment.
O
E
Okay,
yeah,
that's
what
I
was
asking
of
the
show
and
the
power
king
and
then
so
the
really
the
site
visibility
issue
is,
I
mean,
there's
no
sidewalk
there
and
it
is
you're.
You
are
going
to
go
back.
What
like
eight
feet,
yeah?
Where
is
the
seven.
A
Okay,
look
at
that
solving
problems,
any
other
questions,
no
seeing
none,
three
minutes
for
rebuttal.
If
you
should
choose
to
use
it.
O
Yeah
as
just
like
anywhere
here
in
south
temple,
parking
is
most
most
certainly
an
issue,
and
we
we
looked
at
every
option,
location,
front
side,
backside
two-car
garage
plus
we're
running
into
basically
the
same
issues
for
best
utilization
of
the
space
and
also
functionality
of
this,
and
this
is
what
we
came
up
with.
We
had
to
come
up
with.
A
L
I
move
to
the
variance
request
for
a
case.
Vrb
21-110
for
property
located
at
3131
west
fielder
street
be
granted
is
depicted
on
the
site
plan
presented
at
the
public
hearing
for
a
reduction
in
rear
sarge
setback
from
20
feet
to
12
feet
and
reduced
setback
for
garage
entrance
from
18
feet
to
7
feet.
9
inches.
L
Based
upon
the
applicant
presenting
competent
and
substantial
in
the
evidence
in
the
record
and
at
this
public
hearing
of
an
unnecessary
hardship
or
practical
difficulty,
when
considering
the
five
hardship
criteria
set
forth
in
section
27-80
of
the
city
codes,
specifically
that
the
home
resides
on
an
irregular
lot,
that
is
smaller
than
a
standard
lot
of
50
by
100.
The
slot
only
existed
50
by
90
feet.
D
A
H
H
The
applicant
has
submitted
a
revised
site
plan
and
they
have
also
submitted
evidence
that
one
of
the
opposition
has
rescinded
their
letter,
so
I
would
pass
that
along
once.
My
presentation
is
done.
H
H
P
Clayton
merkel,
my
brickelmeyer
law
group.
Thank
you.
Look
at
that.
That's
how
that
works.
I've
not
been
sworn
about.
P
P
Good
evening
clayton
brickelmeyer
4427
wes
kennedy
representing
the
property
owner,
I
pulled
back
up.
Well,
you
hit
cam,
I
can
see
it
are.
They
are
you
all
seeing
the
doc
we.
E
P
Okay,
good
helpful
michael
picked
me
up
over
here
right
just
to
give
you
basic
a
basic
layout,
the
sea
wall
here-
and
this
is
shortcrest
drive
west
of
west
shore.
So
there's
a
canal-
and
I
can
show
you
some
aerials,
but
the
sea
wall
runs
this
way
north
and
south.
It
jogs
to
the
east
a
little
over
20
feet.
P
I
don't
know
who
came
up
with
this
system.
I
grew
up
on
davis,
island
and
I've
never
seen
anything
like
this,
but
there
are
a
few
of
these
inlets
on
this
along
the
sea
wall
and
they
they
jut
way
in
and
they're
basically
useless
to
anyone,
they're
full
of
oysters
and
garbage,
and
but
we
have
it
and
they
did
it
so
that
people
could
share,
because
maybe
I
guess,
whenever
they
did,
this
people
shared
votes,
I'm
totally
confused
about
the
origin.
P
However,
that
all
being
said
it
jogs
in
the
20-foot
build
line
from
the
expected
sea
wall
I
darkened
in
here
is
right.
There
you
can
see
the
main
structure
of
this
house
is,
I
don't
know
70
80
feet
away
from
the
wall.
This
area
is
partly
open.
The
green
part's,
the
enclosed
part
that
part's
a
storage
closet.
P
This
is
open
air
and
I
have
an
elevation
that
I
can
show
you
that'll.
Maybe
help
explain
it
because
of
the
way
this
sea
wall
comes
up
into
the
yard,
it
creates.
What
amounts
to
you
know
a
42
foot,
rear
setback,
which
we
don't
think
is
what
was
intended,
and
so
what
we're
having
to
ask
for
is
we're
asking
for
seven
feet
so
that
that
storage
unit
can
sit
there.
You
know
the
neighbors
obviously
still
have
the
benefit
of
of
all.
P
P
I'm
gonna
run
through
the
criteria
because,
unfortunately,
we
do
have.
We
still
have
one
opposition.
We
had.
We
had
two
letters
in
opposition
that
were
filed
after
having
a
conversation.
P
The
one
of
them
realized
that
we
weren't
building
our
entire.
They
were
worried
that
we
were
shrinking
to
build
our
house
up
to
here.
Right,
which
would
be
the
natural
I
get
that
and
after
having
it
explained,
she
was
nice
enough
to
email
in
this
afternoon
and
rescind
her
her
objection
letter,
but
we
do
still
have
somebody
here
so
just
to
run
through
the
criteria.
That
inlet
is
unique.
P
P
What
we're
asking
for
just
to
be
clear
because
it
may
get
muddy
in
a
second-
is
to
reduce
that
rear
yard
from
20
to
seven
in
that
spot.
It's
in
harmony
with
the
code.
I
think
the
20
foot
rear
setback
is
there
not
anticipating?
You
know
that
that's
coming
out
of
27
156,
so
it's
not
it's.
It's
anticipating,
rectangular
lots
that
back
up
to
rectangular
lots
and
it's
trying
to
give
everyone
a
reasonable
amount
of
separation.
P
I
think
we
can
all
look
at
this
and
agree
that
there's
a
ample
separation
in
the
rear
yard,
as
intended
by
the
code.
The
substantially
just
outcome
would
be
approval
here.
P
We
do
have
support
letters
that
I
already
mailed
in
and
I
have
them.
I
can
hand
them
to
whoever
to
kumari
or
whoever
and
I'll
show
you
for
what
it's
worth
green's
a
subject.
Property
yellow
is
the
support
letters
that
we
got.
P
P
And
I'm
available
for
questions.
Thank
you.
A
Okay,
thank
you,
mr
bricklemeyer.
Is
there
anyone
in
the
audience
who
wish
to
speak
on
this
petition.
M
M
First
of
all,
I
want
to
make
note
of
the
site.
Plan
is
deficient,
it
does
not
show
all
natural
features
and
properties
within
20
feet
of
the
subject.
Property
does
not
locate
any
easements
that
are
on
the
property
within
or
adjacent
to
the
property,
so
we
have
no
way
of
knowing
whether
any
easements
would
be
impacted
by
this
variance.
So
as
it's
filed
it's
out
of
order,
that
being
said,
this
is
the
view
that
mr
wood
has.
Mr
wood
lives
immediately
north.
This
is
his
swimming
pool.
Here's
the
canal
that
clayton
spoke
about.
M
M
It
is
illegally
non-conforming,
you're
not
permitted
to
increase
the
degree
of
non-conformity
on
a
property,
which
is
what
they're
going
to
do
if
they
grant
this.
If
you
grant
this
variance
he's
already
non-conforming
with
the
boathouse
you're,
getting
ready
to
increase
the
degree
of
non-conformity,
if
the
variance
is
approved
now
here,
here's
the
survey
showing
the
boathouse
okay,
the
title
to
the
property
goes
into
the
water.
It
is
a
is
a
rectangular
lot
155
feet
deep
and
he
needs
a
variance.
M
My
client
built
his
property
without
a
variance
he
wants
to
increase
the
degree
of
non-conformity
can't
do
that.
Something's
got
to
go
for
primarily
the
boathouse
number
two.
He
doesn't
meet
the
various
criteria.
Mr
bricklemeyer
simply
says
that
quote:
fairness
doesn't
harm
anyone.
It
harms
my
client
because
he's
an
increasing
degree
of
non-conformity.
M
M
M
Wrap
it
up
number
four:
it
has
to
be
in
harmony
with
the
with
the
general
purpose
of
the
comprehensive
plan.
His
answer
is,
it
is
these
are
platitudes.
These
are
conclusions,
there's
no
confident
substantial
evidence
in
the
record
to
justify
the
experience
on
a
square
parcel
155
feet
deep.
I
submit
that
this
is
out
of
order
and
should
be
denied,
and
I
request
your
denial
this
evening.
Thank
you
so
much
thank.
H
It
is
the
determination
of
our
gis
engineers
that
this
is
not
under
the
city
of
tampa's
purview.
It
is
under
the
ports
authority,
and
so
they
would
have
to
go
to
the
post
authority
on
determination
for
this
blood
house.
H
P
That's
a
really
good
question
the
the
determination.
The
way
that
we
ended
up
here
is
we
submitted
plans
and
the
city
came
back
and
said
this
is
deficient
and
you
need
a
variance
and
my
client
filed
for
variance
he's
here
if
he
wants,
if
he
has
any
insight
into
why
we're
measuring
from
the
sea
wall,
but
I
mean,
I
think,
there's
there's
another
section
of
the
code
that
says
how
you
measure
from
a
sea
wall,
but
that
actually
is
an
interesting
argument
that
we
haven't
made.
P
Perhaps
we
could
hire
you
to
represent
us
in
front
of
the
city
bureaucratic
structure,
so
I
don't
know
that
I
have
a
really
great
answer
for
that,
but
they're
telling
us
it's
required.
It
was
already
filed
when
I
came
on
board.
L
C
I
have
a
question
on
that,
so
I
understand
that
and
if
you
were
to
to
follow
that
the
way
it's
written,
obviously
from
the
we'll
just
say
the
farthest
water
part,
you'd
measure
20
feet
back
and
then
the
parallel
running,
where
it
juts
in
you'd
measure
back.
But
what
about
the
one
that
runs
essentially
a
parallel
to
the
side
yards
of
this
property?
C
C
C
I
understand
from
the
from
the
north
and
the
closer
north,
but
from
the
west
I
mean
do
they
give
any
any
guidance
on
how
to
measure
that?
Well.
H
For
the
addition
for
this
portion
of
the
structure
that
is
facing
the
rear,
it
still
has
to
comply
with
the
where
you
have
said
that
for
the
portion
that's
facing
the
side,
it
has
to
comply
with
the
side
set
back
so
for
that
storage
unit
that
they
have,
they
will
still
have
to
meet
20
feet
for
the
rear.
C
B
P
So,
as
a
general
matter,
I
would,
I
would
say
that
at
this
point
the
boathouse
is
irrelevant
to
the
discussion.
Having
said
that,
we
don't
know,
I
will
tell
you,
the
boathouse
sits
next
to
the
dock.
If
you
look
at
the
aerial
there's
a
boat
with
a
dock
there
and
it's
pretty
nice
to
keep
your
stuff
there
close
to
the
boat,
so
you
don't
have
to
haul
it
across
the
yard.
P
It
is
entirely
possible,
I'm
even
going
to
say
likely
that
somewhere
along
the
way,
somebody's
going
to
make
us
knock
the
boathouse
down.
We
don't
know
the
answer
to
that
yet,
and
the
city
really
wouldn't
address
the
city
said:
come
get
this
variance
that
I'm
here
for
now
and
then
we'll
talk
about
it,
and
so
we
don't
really
know.
B
So
basically,
it's
this
small,
it's
new
construction
and
there's
a
small
storage
shed,
that's
seven
foot
away,
I
mean,
could
you
easily
just
redesign
that
to
not
to
fit
the
criteria?
I
mean
it's
just
a
storage
shed,
it
looks
like
you
could
you
know
twist
it
reconfigure
it
and
it
would
be.
You
know
all
in
compliance
as
new
construction.
We.
P
We
looked
at
a
bunch
of
ways,
including
flipping
it
and
flipping
it
there's
a
the
way
the
canal
works
flipping,
it
doesn't
work
as
well
and
also
I
am
assured
by
the
by
the
folks
that
were
doing
these
plans,
because
I
asked
that
question,
particularly
with
the
flipping
that
we'd
be
trading,
this
variance
for
a
pool,
variance
because
we'd
still
be
too
close
to
the
seawall.
P
The
preference
is
to
have
it
the
way
it
is
if
we're
going
to
have
to
get
a
variance.
This
is
the
variance
that
we
that
we
would
see.
So
I'm.
P
P
B
P
But
so,
if
you
look
at
this,
this
actually
helps
this
helps
visualize
it.
I
think
so.
This
is
looking
from
mr
grano's
client's
property,
so
this
is
open
mm-hmm.
This
is,
I
believe,
a
kitchen
right
outdoor
kitchen,
so
this
is
sort
of
a
kitchen
area,
and-
and
this
is
this
is
where
that
storage
area
is
and
and
that's
the
boathouse
by
the
way,
just
from
a
deficiency.
I
already
spoke
to
staff
about
this.
Everyone
agrees
that
the
application
is
perfectly
sufficient
and
the
boathouse
is
absolutely
it's
written
on
their
existing
structure.
P
It
may
not
say
boat
house,
but
it's
absolutely
on
there.
The
other
thing
and
I'm
just
going
to
I'll
make
this
point
agree
to
reiterate.
I
think
the
boathouse
is
irrelevant
to
this,
because
the
city
told
us
they
won't
deal
with
it
until
we
get
this
done.
P
This
is
an
eight
foot
high
structure
and
they
have
a
six
foot
high
fence.
I
have
pictures
that
are
actually
only
on
my
phone
that
can
show
you
that
what
a
two
foot
projection
over
six
foot
fence
looks
like,
but
as
far
as
harm
to
his
client.
The
other
point
that
I'd
like
to
make
about
that
is:
he
bought
this
house.
He
didn't
build
it.
The
builder
built
its
spec
and
tore
down
their
boat
house
that
used
to
be
there
and
our
boathouse
was
there
when
they
bought
this
house.
A
Okay,
any
other
questions
all
right.
Seeing
none!
Mr
brickmeyer,
you
have
three
minutes
for
a
bottle.
P
I
think
that
basically
was
my
rebuttal.
The
boathouse
is
on
the
site
plan
the
the
illegal
non-conforming
status
of
that,
but
anyway,
that
building's
irrelevant,
but
I'm
just
going
to
keep
saying
that
whether
or
not
it's
an
illegal
non-conforming.
Nobody
knows
I
I
we
may
have
to
do
a
zoning
interpretation
to
figure
that
out.
I
may
be
standing
in
front
of
you
again
in
some
number
of
months
asking
you
to
keep
it
because
we
decided
it's
worth
it
or
it
may
come
down,
because
you
know
justin
and
lauren
decide
they
don't
want
it.
P
It
just
doesn't
really
have
any
bearing
on
what
we're
asking,
because
that
sea
wall
is
there,
regardless
of
what's
going
on
with
the
boathouse
the
seawall
comes
in
and
it
creates
a
40-something
foot
setback,
that's
not
intended
by
the
code.
We
are
clearly
honoring
that,
with
the
site
plan,
the
house
is
significantly
significantly
far
away
in
the
main
and
it's
well
over.
P
A
C
This
is
one
of
those
odd
water
lines
that
I
don't
think
was
considered
when
it
was
originally
built,
and
now
the
modern
code
tries
to
address
it
in
a
blanket
format,
and
so,
as
was
displayed,
there's
a
20-foot
setback.
We
see
that
runs
through
the
pool
deck
and
then
it
could
potentially
jog
20
feet
into
the
middle
of
the
property
and
20
feet
back
further
towards
the
proposed
house
and
whether
or
not
that's
reasonable
is
for
us
to
decide.
C
C
The
one
that's
being
proposed
here
is
a
single
story:
outpost
for
a
storage
shed
and
depending
on
how
each
of
us
individually
want
to
weigh
that
jog
of
a
setback
line
due
to
the
water
line
is
up
to
everybody.
So
that's
how
I
read
it
so
I'll
move
the
case.
Vrb
211
for
property,
located
at
415,
south
shore
crest
drive,
be
granted
on
the
site
plan
presented
at
the
public
hearing
for
reduction.
C
In
the
rear
yard,
setback
from
20
feet
to
seven
feet
of
encroachment
of
using
gutters
based
upon
the
applicant
presenting
competent,
substantial
evidence
in
the
record
at
this
public
hearing
of
a
necessary
hardship
or
practical
difficulty.
When
considering
the
five
hardship
criteria
set
forth
in
section
2780
of
the
city
code,
specifically
that
they
have
an
irregular
shape,
slanted
lot
with
an
irregular
shaped
water
line
and
the
setbacks.
C
Encroachment
is
on
the
jog
part
of
the
water
line,
not
on
the
main
property
setback,
and
that
the
encroachment
is
one
story.
Minimal
encroachment
trying
to
address
the
conditions
of
the
site.
A
A
A
Folks,
if
you
might
speak
this
evening,
if
you
intend
to
speak
now,
is
your
chance
stand
up?
Please
be.
E
H
H
H
A
Okay,
applicants:
please
state
your
name,
your
address
and
confirm
that
you've
been
sworn
and
then
you'll
have
ten
minutes.
Q
Thank
you
very
much,
ladies
and
gentlemen,
for
hearing
our
request
this
evening.
This
is
our
property,
and
the
access
along
west
shore
is
approximately
137
feet
and
the
other
access
is
110..
Q
The
reason
is,
my
husband
is
a
combat-wounded
disabled
veteran
and
he
needs
to
use
the
pool
for
his
physical
rehabilitation
and
physical
therapy
and
the
bugs
have
been
horrendous.
We've
tried
lots
of
different
bug
things.
I
hate
seeing
the
lizards
and
the
frogs
die
and
we're
still
fighting
the
bugs
and
so
he's
not
been
able
to
keep
up
with
his
therapy
in
the
pool
and
combat
the
bugs
at
the
same
time.
Q
So
we
we
talked
to
a
contractor
about
getting
a
pool
cage
and
when
he
submitted
the
the
request
for
it,
the
plans,
the
effort,
the
permit.
Sorry,
we
were
told
we
needed
to
get
a
variance,
so
we
are
requesting
to
have
the
walkway
covered
we
park
in
the
back,
because
it's
safer
and
easier
to
pull
in
and
out
off
of
the
strela
and
so
going
back
and
forth
at
help
with
rain
and
then
also
for
yeah
to
cover
like
the
workout
area
and
stretching
and
stuff.
So
that's
our
request.
Q
And
I'm
sorry
I
do
have
a
picture
of
this
is
what
the
house
looks
like
from
the
side.
So
this
is
the
existing
wall.
That's
been
there.
I
know
if
it's
built
when
the
house
was
in
72
when,
but
it's
been
there
for
ages
is
what
all
our
neighbors
told
us,
and
so
that
pool
cage
would
just
go
on
top
of
that.
As
you
can
see,
that's
the
side
of
the
house.
There.
A
All
right
with
that
I'll
open
it
up
for
comments
from
the
audience.
Is
there
anyone
in
the
audience
who
would
like
to
comment
on
this
application
all
right,
seeing
none
any
questions
from
the
board.
B
Do
you
have
any?
There
are
some
sections
in
the
plan,
but
I'm
trying
to
visualize.
If
you
know
estrella,
is
kind
of
the
furnish
yard.
It's
very
unusual
to
find
the
screen
set
back.
You
know
further
than
the
houses,
so
it's
it's
very
prominent
on
on
the
street,
which
is
just
different.
I've
not
seen
that
before
I
know,
there's
a
wall
there
already,
but
now
we're
adding
this
screen
structure
is.
A
L
D
Q
B
So
I
see
so
west
shore
is
obviously
you
you
can't
go
in
and
out
of
the
other,
your
driveway,
isn't
there
anymore.
It
looks
like
it's
off
of
a
strela
right
yeah,
so
that
that's
the
part
that
I
guess
is
the
street
front.
That
is
the
most
visible.
I
don't
think
you
would
really
see
it
from
this
vantage
point
because
of
your
trees
and
your
fence
line.
Q
Q
Just
behind
that,
so
the
this,
the
this
is
our
supposed
to
be
the
vegetable
garden
in
the
future,
and
the
wall
is
behind
that.
So
there's
what
maybe
like
yeah
12
feet
from
there
to
there
and
then
the
pool
cage
so
the
actual
the
setbacks
that
would
be
allowed.
The
pool
cage
would
have
to
be
like
in
the
pool
started
in
the
pool
without
a
variance
yeah.
It
would
be
like
there
might.
O
Ma'am
respectfully,
I
think
that
that
that
picket
that
you
were
looking
at
is
along
this
access
right.
O
O
So
that's
that
picket
there,
which
is
about
12
feet
away
from
the
the
pool
patio
wall,
which
is
here
on
the
other
side
of
that.
B
Yeah,
I'm
kind
of
got
a
visual
now
and
my
next
question
is
you're
asking
for
you
know
less
than
a
two
foot
step
back
on
the
side
property
to
me.
That's
extremely
narrow.
It
looks
like
the
garage
meets
that
setback
too,
and
you
also
you
said
you
have
another
wall
or
a
fence.
Q
The
wall
has
always
been
there,
so
the
wall
there's
an
existing
like
patio
wall
around
the
pool,
so
the
wall
is
here
we're
just
asking
to
put
a
pool
cage
on
top
of
the
wall.
That's
already
there.
A
Seeing
none,
you
have
three
minutes.
Should
you
choose
to
use
it
for
rebuttal
or
to
answer
any
other
questions,
we're.
A
Okay.
Well
then,
if
that
concludes
your
presentation,
I
will
open
it
up
for
board,
discussion
or
motion.
D
D
Assuming
that
you
know
where
they
kind
of
go
into
the
garage
and
go
into
their
house
that
you
know
it.
The
city
considers
it
the
front
yard.
But
you
know
based
on
the
like
orientation
of
their
house,
that
would
be
a
side
yard
under
normal
circumstances,
so
I'm
okay
with
the
side
yard
or
with
the
front
yard
production,
because
it
complies
with
what
would
be
side
yard
reduction
if
the
house
were
oriented
and
the
way
like
know
in
line
with
the
lot.
Basically.
D
When
considering
the
five
hardship
criteria
set
forth
in
section
27-80
of
the
city
code,
specifically
that
the
alleged
hardship
is
unique
and
singular
with
respect
to
the
property.
Given
the
location
of
the
house
and
the
kind
of
unusual
configuration
where
the
front
of
the
house
is
actually
facing
a
side
yard
and
the
side
of
the
house
is
facing
the
front
yard
and
additionally,
that
the
variants,
if
granted,
would
not
substantially
interfere
with
the
health,
safety
or
welfare
of
others.
D
As
there's
already
a
concrete
wall
in
the
location
where
the
pool
cage
will
be
I'm
going
and
the
pool
cage.
You
know
it's
going
to
be
a
kind
of
screened
in
area
and
so
there's
less
of
a
risk
of
fire
hazards.
A
H
A
Okay,
is
the
applicant
here
come
on
up
state,
your
name,
your
address
confirm,
you've
been
sworn
and
you'll
have
10
minutes.
R
Thank
you
very
much.
My
name
is
marshall
barris.
My
address
is
3011
west
san
miguel
street
and
yes,
I
have
been
sworn
all
right.
I
just
wanted
to
thank
you
guys
for
having
us.
I
know
it's
been
a
little
bit
of
a
long
day,
so
I
appreciate
that.
So
we
are
looking
to
expand
our
home
to
accommodate
more
living
space
in
a
formal
master
bedroom,
slash
bathroom.
R
The
hardship
is
that
the
house
is
currently
sits
over
the
setback
line,
and
is
it's
actually
a
little
bit
cockeyed
and
skewed
from
the
property
line
itself
the
front
of
our
house?
If
you
look
at
the
corner,
that
would
be
the
south
west
corner
sits
at
four
feet,
eight
inches
from
the
property
line
and
then,
as
it
goes
back
again,
it's
a
little
bit
skewed.
So
it
goes
back
to
four
foot
two
inches
from
the
property
line
in
the
back.
R
We
want
to
continue
adding
on
towards
the
rear
of
the
property,
an
additional.
I
think
it
goes
back
an
extra
18
feet
or
so
and
in
in
turn
doing
that
because
of
the
cockeyed
nature
of
the
building.
It
goes
an
extra
two
inches.
So
that's
why
we're
requesting
it
be
reduced
from
five
feet
to
four
feet
when
reviewing
the
statement
of
hardship,
I
just
wanted
to
kind
of
touch
each
point
individually,
number
one,
the
alleged
hardship
or
practical
difficulty
is
unique
and
singular
to
our
property.
R
Most
properties
are
already
within
the
setback
requirements.
If
there's
a
five
foot
setback,
the
house
is
built
at
five
feet.
That
type
of
thing
ours
is
not
so
with
adding
towards
the
rear
of
our
home,
naturally
or
that
would
normally
comply,
and
ours
is
unique
in
that
situation.
R
Another
unique
aspect
to
our
house
is
that
again
it's
built
non-parallel
to
the
property
line
and
a
little
bit
skewed,
which
makes
it
so
that
when
we
extend
to
the
rear
of
our
home,
it
further
infringes
upon
that
setback
guidelines.
R
This
makes
it
impossible
to
extend
it
any
more
to
the
rear
without
needing
a
variance,
which
is
why
we're
here
number
two:
the
hardship
does
not
result
from
the
actions
of
the
applicant.
The
house
was
built
sometime
in
the
1940s,
there's
a
little
bit
of
ambiguity
about
that,
but
40
45,
something
like
that.
R
Let's
see
regardless,
we
purchased
the
home
just
two
years
ago
in
2019
and
inherited
these
setbacks
and
fringes
which
existed
long
before
us.
We
had
no
idea
that
harm
was
not
compliant
during
the
setback
regulations
until
I
guess
our
own
lack
of
research
or
whatnot,
but
we
had
the
intention
of
adding
on
to
our
home
since
we
purchased
it.
R
I
can't
imagine
any
health
concerns
on
something
like
this
and
then
in
fact,
we
have
four
letters
of
support
from
our
immediate
four
neighbors,
so
the
one
directly
to
the
north,
the
east,
the
south
and,
most
importantly,
the
one
to
the
west,
which
is
which
a
setback
we'd
be
infringing
upon.
R
R
This
is
dr
francisco's
that
I
got
this
morning
that
was
dated
today.
This
one
is
from
the
neighbor
to
the
east,
michelle
and
forest
tatlock.
This
is
the
neighbor
to
the
south.
This
is
tommen.
R
R
The
alternative
on
something
like
this
would
be
tear
the
house
down,
build
something
brand
new,
but
it's
an
old
south,
tampa
bungalow
and
it's
just
it's
kind
of
what
south
tampa
is
known
for
it's
on
a
cobblestone
street
in
palmisia,
so
we'd
like
to
try
and
keep
that
look
of
the
house,
we're
not
going
to
touch
and
remodel
too
much
of
the
front.
We
just
want
to
do
the
addition
on
the
back
and
then
allowing
the
variants
would
allow
substantial
justice
being
done.
R
My
wife
and
I
believe
the
variance
would
allow
that
our
goal
is
to
create
a
home.
We
can
raise
our
family
in
again.
We,
like
the
bungalow,
look,
and
I
think
that's
pretty
much
it
so
I
can
summarize
and
just
kind
of
risk
in
the
rest
of
my
time
and
get
us
home
at
a
decent
hour.
A
All
right,
if
that
concludes
your
presentation,
we'll
ask
for
any
comments
from
the
audience.
Is
there
anyone
in
the
audience,
who'd
like
to
speak
on
this
presentation
on
this
application,
seeing
none
any
questions
from
the
board.
A
Seeing
nut,
you
have
three
minutes
for
a
bottle.
If
you
need
it.
A
B
A
H
And
it
is
vrb
21
118,
the
property
owners
are
aaron
and
theresa
welch.
The
property
is
addressed
at
4808
west
dryad
street.
The
variance
request
is
to
reduce
the
side
yard
setback
from
five
feet
to
one
feet
and
reduce
the
radar
setback
from
five
to
one
in
order
to
construct
a
14
foot
tall,
full
screen
enclosure.
H
S
S
S
The
pool
is
at
the
setback
at
both
the
rear
and
the
side
yard,
and
it
is
also
a
somewhat
deep
pool
it
thereby
sort
of
dictates
what
happens
in
the
backyard,
because
it's
already
in
place
and
in
order
to
enjoy
the
pool
we
purchase
the
home.
We
are
parents
of
three
children
we
purchased
the
home
with
the
pool
because
we
want
to
enjoy
the
pool,
but
bugs
south
florida
bugs
also
the
debris
from
the
oak
trees.
There's
a
oak
tree
in
our
neighbor's
property
there's
also
two
oak
trees
on
our
property.
S
The
debris
from
the
trees
is
also
pretty
substantial.
When
we
purchased
our
home,
there
was
actually
already
a
screen
in
place
that
encroached
on
both
our
side
yard
and
our
rear
yard.
Neighbors
lots.
You
might
see
that
from
a
previous
survey.
I
don't
know
if
it
wasn't
included
in
the
materials
that
were
provided
to
you,
so
we
have
removed
the
previous
screen
and
are
requesting
putting
in
a
replacement
screen.
That
is
within
the
bounds
of
our
property,
but
also
allows
us
to
enjoy
the
use
of
our
pool,
as
it
relates
to
the
hardship
requirements.
S
S
S
A
J
Thank
you.
My
name
is
gary
dalgen,
my
wife
wendy,
and
I
and
our
family
live
right
behind
the
welch's
home
at
4807,
west
juneau
street
and
we've
been
there
for
28
years.
I
think
it's
important
before
I've
been
sworn.
I
think
it's
important
before
I
start
my
presentation
that
I
show
you
some
pictures
of
what
our
backyard
looks
like,
which
we're
unable
to
enjoy.
E
J
Line
so
now
our
neighbor
behind
us
wants
to
be
one
foot
or
you
know,
12
inches
away
from
our
line.
Here's
the
view
from
our
second
story
of
our
house
and
by
the
way
before
the
neighbors.
When
the
neighbors
did
move
in
there,
there
was
a
pool
there
where
the
screen
they
had
an
op.
They
took
everything
it
took.
J
And
so,
if
we
refer
to
the
criteria
go
over
each
one,
there's
nothing
unique
about
number
one:
there's
nothing
unique
about
leaves
rodents
or
mosquitoes.
We
unfortunately
have
mosquitoes
in
that
area,
and
the
mosquito
problem
is
worse
because
of
the
way
that
they're
they
haven't,
maintained
the
backyard
for
the
past
six
months.
J
J
How
terrible
the
view
is
we're
concerned
how
they've
been
taking
care
of
their
backyard
over
the
last
six
months,
they've
expressed
concerns
about
the
health
and
safety
of
her
children
based
upon
their
needs,
but
they
haven't
shown
the
same
concern
about
the
health
and
safety
of
their
fellow
neighbors,
which
include
my
wife
and
my
child
as
well.
Our
two
older
children
are
off
the
payroll,
so
they've
moved
away.
They
make
it
sound
like
they're
doing
us
a
favor
because
they,
the
previous
owner,
was
on
our
lot
line
and
they're,
giving
us
an
extra
foot.
J
There's
not
substantial
justice
being
done
here,
because
the
placement
of
their
fence
affects
our
property
rights.
South
tampa
lots
are
small,
as
we
all
know,
we
can
infringe
on
other
people's
property.
What
if
we
wanted
a
screen
in
our
backyard
or
to
do
a
pool,
we're
not
doing
that
we're
following
the
rules.
We
just
asked
that
our
property
rights
be
respected.
There's
not
substantial
competent
evidence
to
support
the
criteria.
A
J
Well,
my
wife-
and
I
have
talked
about
that.
We
were
told
that
they
were
going
to
be
six
months
ago.
When
our
neighbors
came
to
us.
They
wanted
to
knock
down
a
tree
and
we
cooperated
with
them
in
doing
that,
they
told
us
that
they
were
going
to
build
a
fence,
so
we
were
waiting
for
them,
but
we
would
expect
that
anything
that
would
be
built
would
not
you
know,
would
would
be
done
without
the
need
for
variance.
C
J
They
had
said
to
us
that
they
were
going
to
there.
There
was
a
fence
there.
They
took
it
down.
They
said
they
were
going
to
put
it
back
up.
Okay,
so
we've
waited
patiently
for
them
to
do
that.
Okay,
if
it
isn't
done,
then
obviously
we're
going
to
have
to
you
know,
do
that,
but
we've
been
patient.
S
The
the
pool
itself
is
about
at
the
straightest
point
of
it
because
it
is
regularly
shaped.
It
is
approximately
four
feet.
Ten
inches
in
from
the
rear
property
line.
S
Because
our
property
line
skews
a
little
bit
part
of
the
the
front,
the
part
of
the
pool
that
is
to
the
north
is
from
the
side
about
five
feet
in,
but
towards
the
rear
actually
towards
the
rear.
It's
about
5v
then,
but
then
towards
the
the
north.
The
rear
property
line,
which
is
the
south
side
of
the
lot,
is
about
five
feet
in,
but
then
closer
towards
the
north.
It's
again
like
four
feet:
ten
inches.
C
Okay,
so
the
sides
that
are
the
most
impacted
is
the
rear
and
the
side,
obviously
because
they
abut
neighboring
properties,
yes,
and
then
you've
got
the
side
that
about
your
house
and
the
side.
That's
internal
to
your
lot,
which
is
kind
of
not
in
contention,
because
there's
no
restriction
on
that.
E
C
S
If
that
would
give
sufficient
safety,
I
mean
my
primary
concern
is
that
at
one
point
in
the
pool
where
we're
looking
at
a
seven
foot
pool
it's
not
a
shallow
pool
like
some
people
build
now.
So
one
of
the
reasons
why
I've
requested
for
more
space
was
for
safety
and
for
egress
we
do
plan
to
build
a
bench
and
part
of
the
pool
which
would
address
a
component
of
safety,
but
that
back
corner,
that's
rounded,
which
is
the
southwest
corner
of
the
property.
S
Even
at
that
point
it's
a
four
foot
deep
pool,
and
so
yes,
I'm
open
to
suggestions.
If
that's
available
to
the
board-
and
I
don't
like
my
backyard
looking
the
way
it
looks,
this
has
not
been
the
intent
or
the
initial
contractor
that
we
hired
to
do
this
work
was
unscrupulous
and
is
approaching
bankruptcy.
So.
S
Slog
the.
C
Well,
you
know
if
we
had
a
survey
with
the
actual
dimensions,
it
would
be
easier
for
us
because
we
could,
just
you
know,
decide
on
a
distance,
but
we
don't
have
that.
So
I
was
trying
to
look
at
it
from
another
angle,
like
the
distance
from
the
water's
edge
might
be
a
different
way
to
look
at
it,
but
at
the
same
time,
even
as
an
architect
like
I
am,
I
don't
want
to
tell
you
what
a
safe
distance
is
from
the
edge
of
the
pool
to
the
edge
of
the
screen.
C
That's
not
my
purview,
so
it
would
be
hard
to
assign
a
distance
in
that
direction
also,
but
I
guess
my
point
is
the
pool
exists
and
it's
not
going
to
move.
So
the
question
is
whether
or
not
we
you
know
can
allow
it
to
be
enclosed
or
not
at
all,
and
so,
if
the
intent
is
to
allow
it
to
be
enclosed
for
the
reasons
that
you've
enumerated,
then
what
I'm
thinking
is.
What
is
the
minimal
amount
needed
to
accomplish
that
goal?
Knowing
that
in
the
other
two
directions
you
can
do
whatever
you
want?
C
A
Logically,
we
can
always
grant
less
than
what
has
been
requested
right,
and
so,
if
it
is,
if
it
is
your
intent
to
make
a
motion
that
proposes
to
grant
something
less
than
what
is
requested,
obviously
you
can
make
that
motion.
Is
that
not
true
miss
michael.
A
If,
if
the
board
elected-
and
this
is
just
discussion,
if
the
board
elected
to
grant
less
than
what
was
requested
by
the
applicant,
that
is
within
our
purview,
to
do
right.
F
If
that's,
what
the,
if
that's,
what
the
applicant
would
like
to
do,
certainly,
and
just
mr
chair
for
clarification-
are
you
still
in
the
questioning
phase
of
the
applicant.
C
Here
so
follow-up
question
to
miss
pettis
is:
are
we
able
to
do
the
measurement
from
the
edge
of
the
water
versus
the
property
line?
I.
H
Right
now,
she's
not
meeting
the
she's,
not
meeting
their
setback
and
that's
why
she's
here
right!
So
it's!
I
guess
it's
up
to
you
to
decide
what
you
want
to
approve
and
how
you
know
egregious
you
want
that
setback
to
be
right.
But
if.
C
H
A
F
Whatever
and
if
stock
could
just
clarify,
based
on
the
site
plan
that
was
presented
to
the
board,
how
will
how
will
there
be
a
designation
of
where
that
reduction
is
based
on
the
site
plan?
That's
presented.
C
That's
true:
that's
where
that's
where
a
certified
survey
helped
so
much
because
then
we
would
have
all
that.
But
I
guess
we
don't,
but
I
mean
the
way
that
I
would
word
it.
If
I
was
to
do
it
would
be-
and
I
don't
know
north-south
well.
Let's
just
say
plan
south
for
now
is
that
you
know
you
can
only
build
the
screen
within
18
inches
of
the
southernmost
point
of
the
pool
and
the
westernmost
point
of
the
existing
pool.
Is
that
permissible
to
have
that
kind
of
language
or
not.
H
H
L
Teresa,
would
you
even
be
amenable
to
modifying
this
distance,
or
are
you
stuck
with
one
foot.
S
Somewhere
between
two
and
three
feet,
I'm
thinking
about
you
know
running
like
if
I
feel
like
I
need
to
run
a
one
foot
feels
narrow
to
me.
E
B
I'm
just
thinking
you
know.
B
C
C
S
J
S
Deep
end
of
the
pool
here
and
then
this
is
these-
are
the
stairs
that
are
the
entry
point.
O
E
S
A
E
I
respond
no
all
right
so.
A
No,
all
right,
then.
At
this
point
we
have
rebuttal
from
the
applicant,
mr
alden.
Your
time
is
over.
Thank
you.
A
A
I
don't
see
any
need
for
that
at
this
stage
you
can
ask
staff
at
some
point.
If
you
have
questions
of
either
staff
or
legal,
you
can
do
that
later.
For.
A
J
A
We
have
a
procedure
it
gives
the
applicant
time
to
speak,
gives
the
board
gives
anyone
from
the
public
their
time
to
speak.
Then
the
applicant
has
rebuttal
time
and
that's
the
procedure.
I.
J
A
Thank
you
all
right,
miss
welch.
You
have
three
minutes
of
rebuttal
time
and
it
starts
yeah.
S
As
you
all
have
identified,
there's
a
range
within
that
five
feet
that
five
feet-
I
am
I've
indicated
I'm
amenable
to
adjusting
the
variance
request
to
somewhere
between
two
and
three
feet.
If
that's
something
that
the
board
would
consider
more
appropriate.
S
As
I
mentioned
previously,
we
are
mindful
of
the
fact
that
we
live
in
a
neighborhood
with
very
small
lots
and
we
are
trying
to
be
like
actually
improve
the
situation
with
our
neighbors
by
bringing
our
screen
onto
our
property,
and
I
just
appreciate
your
time
this
evening.
A
C
Q
F
Setback
according
to
what
the
applicant
has
previously
asked
for
she
could
you
could
ask
the
applicant
if
she
would
have.
I
mean
it's
a
reduction
of
what
was
previously
asked
right.
So
it's
within
the
reduction.
That's
already
yes,
you're,
reducing
her
original
request.
A
All
right
we've
got
a
motion
to
approve
from
five
feet
to
two
and
a
half
feet
on
both
the
rear
and
the
the
west
side,
yard
setback,
and
we
have
a
second
all,
those
in
favor
say
aye,
all
those
opposed
all
right.
The
motion
as
modified
passes
four
to
one
have
a
great
evening.
A
All
right
anything
else,
adjourned.
C
Jennifer,
the
looking
at
the
map-
that's
in
front
of
us,
the
the
upper
left
corner.