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From YouTube: VRB 10 11 22
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A
B
B
B
We
have
Jay
madou
and
Miss
Tavares
married
Tavares,
all
right
from
natural
resources.
We
have
Stephen
eister
there.
He
is
time
in
the
back
from
transportation.
We
have
no
Transportation
tonight,
Jonathan
Scott.
Is
he
here
tonight?
No
okay,
well
sometimes
he's
here.
There
are
some
procedural
rules
that
you
will
need
to
follow
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
I'll
say
that
again
because
everybody
gets
it
wrong.
B
So
when
you
approach
the
podium,
please
state
your
name,
your
address
and
confirm
for
us
that
you
have
been
sworn.
Thank
you
and
if
you
don't
I'm
going
to
ask
you
so
just
a
reminder,
the
petitioner
and
or
their
agent
will
have
10
minutes
to
make
presentations
all
other
persons
or
participants
wishing
to
speak.
We'll
have
three
minutes
and
the
petitioner
will
have
an
additional
five
minutes
for
a
bottle
if
needed.
The
time
periods,
as
stated
will
be
kept
by
the
board.
B
Any
information
such
as
pictures
or
plans
that
have
not
been
previously
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.
After
acceptance
by
the
board,
you
must
submit
the
item
to
staff
for
it
to
be
entered
and
made
part
of
the
permanent
record.
B
The
board
bases
its
decision
on
competent
and
substantial
evidence
which
is
presented
and
which
meets
the
criteria
for
the
city's
code
of
ordinances.
Please
be
sure
to
clearly
State
your
hardship
criteria.
During
your
presentation,
a
majority
of
the
board
is
needed
to
approve
your
variance.
The
variance
granted
by
the
board
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.
B
All
other
city
codes
will
need
to
be
met
if
the
case
is
approved,
your
variance
will
expire
two
years
from
the
date
of
the
decision.
If
the
case
is
continued,
it
will
be
continued
to
either
next
month's
BRB
board
agenda
or
the
next
available
position
on
an
upcoming
vrb
board
agenda.
If
the
case
is
denied,
You
may
wish
to
have
the
variance
review
board's
decision
appealed
by
the
city
council
to
do
so.
You
must
file
a
petition
for
review
of
the
board's
decision
within
14
days
of
the
written
decision.
B
B
B
D
D
B
Thank
you.
So
much
are
there
any
changes
in
the
agenda
that
staff
wishes
to
address.
E
Development
coordination,
vrb
2292,
has
requested
to
continue
to
December
13th
vrb
hearing
all
right.
B
B
So
someone
does
anyone
want
to
make
a
motion
to
continue
BRB
2292.
B
Is
there
a
second
one?
Second,
is
there
anyone
in
the
audience
who
wishes
to
speak
about
the
movement
of
BRB
22-92
to
the
continuance
on
that.
F
B
Okay,
seeing
that
no
one
in
the
audience
wishes
to
speak
on
this,
let's
go
ahead
and.
E
Well,
we're
full.
C
All
right,
I'll
move
to
move
the
vrv
meeting
22-92
to
the
December
vrb
meeting
on
December
13th
at
5,
30
PM,
all
right.
B
And
now,
second,
terrific,
all
those
in
favor
say
aye
any
opposed.
One
abstain,
great
that
one
is
continued.
Anything
else.
B
November,
8th,
okay,
November,
8th
5
30..
All
right
do
we
have
a
motion
to
continue
BRB
2215
to
November
8th
at
5,
30
P.M.
B
B
Now
we
are
not
rehearing
the
case
we
are
only
hearing
new
evidence.
Is
that
correct,
Wisconsin.
B
It
yes,
okay,
so
is
the
applicant
here
all
right
come
on
up.
If
you
would
please
state
your
name,
your
address
confirm
that
you
have
been
sworn.
You
know
what
we
need
to
do.
The
swearing
in
I
I
got
so
excited
by
all
the
changes
in
the
agenda.
We
skipped
swearing,
it
all
right.
B
Let's
go
ahead,
everybody
if
you
would
please
rise
if
if
there
isn't
a
chance
that
you
will
speak
this
evening,
if
there
is
the
smallest
possibility
that
you
may
get
up
and
have
to
provide
some
testimony,
please
stand
up
and
be
sworn
otherwise.
When
that
time
comes
and
you
decide,
oh
I
have
to
speak
you're
going
to
need
to
be
sworn
in
separately.
So
let's
go
ahead
and
there's
a
chance
come
on
go
forward.
B
All
right,
thank
you.
So
much
all
right
come
on
up.
Did
we
did
we
get
everything
that
we
needed
to
do?
We
did
the
squaring
in
did
the
changes
all
right
if
you
would
go
ahead
and
give
us
a
quick
recap
of
what
your
what
you're
asking
for
and
then,
if
you
want
to
present
any
new
evidence,
any
new
information
for
us
that
would
be
very
helpful
sure.
G
My
name
is
Eric
Hughes,
my
address
is
814
South,
Davis,
Boulevard
and
I
have
been
sworn
in.
So
the
recap
from
the
last
hearing
was
the
request
is
to
remove
a
grand
tree
and
the
rear
of
the
yard
for
a
new
swimming
pool.
The
I
mean
really
the
the
the
situation
is,
and
the
hardship
here
is.
This
is
zoned
rs60.
The
lot
was
originally
only
55
feet
wide,
so
it's
a
very
narrow
lot
narrower
than
it's
normally
supposed
to
be
for
that
zoning.
G
You
know
what
you
know.
The
Saving
Grace
for
a
lot
like
that
is
would
be
depth
which
it
has
some,
but
the
placement
of
the
Grand
Tree
in
the
rear
yard
being
so
far
in
prevents
you
from
using
that
depth.
Essentially,
so
it's
smaller
than
the
surrounding
Lots.
G
So
at
the
last
hearing
and
as
a
result
of
the
noticing
process,
there
was
one
letter
of
opposition
that
was,
it
wasn't
presented
until
the
actual
hearing
and
I
had
not
been
contacted
by
that
individual.
Who
was
the
neighbor
to
the
left.
We
after
last
hearing
we
met
with
that
neighbor
on
site.
She
did
provide
one
of
those
two
letters
she
rescinded
her
opposition
and
went
on
to
describe
why
she's
actually
supporting
the
petition
now.
G
The
second
letter
that
you
have
is
also
from
the
neighbor
on
the
other
side,
who
is
you
know,
I,
would
say
even
more
affected
by
the
tree
for
his
own
reasons,
because
the
tree
is
overhanging
his
his
roof,
his
pool
structure.
G
So
his
reasons
and
his
letter
are,
he
is
a
little
worried
for
himself.
You
know,
and
especially
probably
with
the
recent
hurricane
scare
that
we
had
and
in
his
letter
he
which
I
you
have
a
copy
of,
he
did
provide
some
photos
of
his
own
of
the
tree
in
question,
overhanging
his
property.
So
that
was
the
that's
the
quick
synopsis
so
as
to
my
knowledge,
there's
been
no,
so
the
one
letter
of
opposition
has
been
rescinded
and
that's
now
support
and
there's
no
other.
There
have
been
no
other
letters
of
opposition.
G
Nor
has
anyone
in
the
whole
process
contacted
me
the
applicant
about
the
petition.
B
Okay,
thank
you.
So
much.
Does
that
complete
your
presentation
this
evening?
Yes,
all
right
is
there
anyone
in
the
audience
who
wishes
to
speak
about
this
petition
this
evening
right
come
on
up,
please
one
at
a
time
state
your
name,
your
address
confirmed
that
you
have
been
sworn.
H
H
H
As
we
pointed
out
last
time,
this
house
went
up
and
they
didn't
have
a
pool
and
it
wasn't
able
to
have
a
pool
because
of
the
tree
being
there.
Then
after
the
tree
after
the
house
does
go
up,
then
the
people
who
moved
in
suddenly
they
wanted
a
pool.
Now.
The
reason
that
they
give
is
that
everybody
else
has
a
pool.
H
This
is
an
this
is
a
healthy
tree.
I
think
that
the
city
will
back
me
up
on
that.
If
we
have
to
have
them,
have
them
come
up
again
to
speak
about
this
I
just
want
to
just
do
a
quick
overview
on
trees
during
a
storm,
if
just
for
everybody
I'm
sure
you
probably
know
this,
but
I
just
will
point
it
out.
H
The
trees
probably
prevent
protected
us
more
than
anybody
would
would
know.
When
a
storm
does
move
in
as
much
as
100
feet,
up,
trees
will
actually
cut
down
the
wind
speed
considerably
of
any
kind
of
wind
that
comes
in
a
good,
healthy
tree
will
break
wind
and
keep
the
wind
from
actually
touching
a
structure.
So
a
lot
of
a
lot
of
our
thanks
can
go
to
the
trees
that
are
actually
in
Tampa
Bay,
for
keeping
a
lot
of
the
damage
down
on
a
lot
of
the
structures
in
in
this
city.
H
This
tree
it
generates
enough
oxygen
for
four
people
in
a
year.
It
absolutely
helps
with
taking
away
a
lot
of
the
water.
We've
got
a
lot
of
problem
with
runoff,
especially
in
in
these
areas
where
a
lot
of
trees
are
going
down.
H
You
have
a
lot
of
reasons
that
you
have
to
look
at
and
I
think
the
thing
the
most
obscure
one
is
the
reasonable
use,
and
you
have
to
wonder,
is
putting
a
pool
in
a
reasonable
reason,
to
take
down
a
healthy
tree
that
is
in
this
neighborhood
and
as
we
are
watching
a
lot
of
trees,
we
just
got
to
notice
about
a
tree
taken
down
illegally
just
today.
H
I
Hi
I'm
Allison
date,
2403,
West,
Chicago
and
I
was
sworn
in
remembered
all
the
things
I
am
here
also
again
to
speak
for
the
trees,
because
in
the
aftermath
of
hurricane
Ian,
I
think
we
realized
that
that
could
have
been
us
that
was
affected
by
that
storm
and
I.
Think
every
bit
of
every
Grand,
Tree
and
every
permeable
surface
needs
to
be
protected
in
this
town
because
we're
sort
of
at
sea
level.
I
So
we
need
to
be
saving
all
of
Tampa's
healthy,
Grand
Oaks,
and
this
is
one
of
them
and
so
I
think
you
know
they
could
put
in
a
smaller
pool,
but
otherwise
I
don't
think
a
pool
is
advisable
and
on
that
note,
there's
a
wonderful
description
now
in
the
city
website
about
trees
as
being
a
very
important
resource
and
I.
I
Think
everybody
who
is
going
to
get
a
permit
or
have
a
variant
should
read
that
because
it
states
why
it's
so
important
that
we
save
these
trees
as
Bob
alluded
to
some
of
them,
and
anyone
purchasing
a
great
a
house
with
a
Grand
Tree
needs
to
be
aware
of
these.
The
special
protections
that
are
given
to
these
trees
and
the
reason
for
that
is
because
people
had
the
foresight
to
realize
how
important
they
are.
I
So
please
I
hope
that
you're
sort
of
the
last
line
of
defense
to
preserve
our
City's
canopy
and
permeable
surface,
and
so
every
time
you
make
a
decision.
I
hope
you'll,
remember
that,
because
I
think
it's
for
the
best
of
everybody
in
this
city.
Thank
you
very
much.
I
J
Does
anyone
is
there
anyone
else?
You
wish
to
speak
about
this
position.
Yeah
excuse
me
Mr,
chairman
John
grandoff.
My
address
is
5300
Bayshore
Boulevard
Unit
B5
Tampa,
and
this
is
a
very
simple
case,
because
the
reason
we
use
tests
in
the
tree
ordinance
answers
the
question
if
you
purchase
a
piece
of
property
with
a
Grand
Tree
on
the
property
you're
on
notice
as
to
the
reasonable
use
test
in
the
zoning
code,
the
fact
that
the
request
is
to
build
a
pool
also
answers
the
question.
J
Reasonable
use
of
property
does
not
require
a
pool.
In
summary,
a
swimming
pool
is
a
luxury,
and
these
folks
are
not
deprived
reasonable
use
under
their
property,
under
any
stretch
of
the
imagination,
under
any
principles
of
law
or
under
any
taken
analysis.
So
I
ask
that
you
deny
the
application
based
upon
failure
to
meet
the
reasonable
use
test.
Thank
you.
B
A
Can
we
be
reminded
what
the
trade
was
rated
at?
Do
we
have
that
information
Stephen.
K
K
L
K
B
So
how
many,
how
many,
what
what's
the
point
or
the
count
that
would
be
applied
for
removal
of
this
tree
yeah.
K
A
K
This
one
to
replace
the
trees,
they
would
have
to
utilize
what
space
they
have
first
and
then
anything
beyond
that.
They
would
have
to
contribute
to
the
tree
restoration
fund
that
the
parks
department
then
used
to
plant
trees
and
parks,
right-of-ways
and
different
things
like
that.
So
it'd
probably
end
up
being
a
combination
of
the
two
okay.
G
G
I
know
both
of
the
adjacent
Property
Owners
did
ask
one
set
in
his
letter,
but
the
other
one
did
not
set
in
person.
They
do
want
to
see
trees
planted
back,
which
I'd
agreed
to
with
them
privately
verbally
a
couple
things
that
were
mentioned
just
now
that
I
wanted
to
clarify
kind
of
recapping
last
time
as
well.
There
was
a
comment
made
a
few
minutes
ago
that
suddenly
now
we
want
a
pool
to
recap
from
last
time
it
was.
This
is
a
home
for
sale,
the
buyers
came
along
and
they
they
wanted.
G
G
The
the
other
comment
about
the
hurricane
discussion-
you
know
I
mean
the
gentleman
may
be
correct
and
trees
May
provide
some
protection
from
hurricanes.
However,
in
this
specific
case
and
of
course,
we
weren't
even
a
direct
hit,
I
I'm,
also
in
Davis,
a
Davis
on
Resident
I,
live
a
few
blocks
away
and
I
know
many
people
who
got
you
know.
Power
was
knocked
out
to
them.
G
My
understanding,
where
there
were
two
trees
that
fell
over
on
the
west
side
of
Davis
Island
and
a
half
or
something
close
to
half
Leon
was
out
of
power
for
a
data
to
for
a
a
day
or
two.
So
you
know
trees
May
provide
some
protection,
but
they
can
also
cause
a
lot
of
Destruction.
That
is
what
the
one
neighbor's
concern
is
to
the
right
of
the
home,
where
the
tree
is
overhanging
his
property,
but
that
I'll
turn
it
back
over
to
you.
That
concludes
rebuttal.
B
C
I'll
do
a
motion:
okay,
I,
move
that
the
variance
request
for
kcbrb
22-68
for
property,
located
at
427
Erie
Avenue,
for
removal
of
a
grand
tray
to
treat
to
be
denied
during
to
the
failure
of
the
petitioner
to
meet
the
burden
of
proof.
With
regard
to
the
six
factors
for
determining
reasonable
use
that
fourth,
in
section
27-284.
C
Therefore,
adding
a
pool
after
the
fact
just
kind
of
we
are
then
setting
a
precedent
that
removing
a
ground
tree
for
our
pool
is
okay
and
I.
Don't
think
that
is
right,
having
a
pool
is
not
a
right,
so
I
believe
this
is
a
self-created
hardship.
B
You
have
emotion
and
a
second
does
anyone
want
to.
Is
there
a
need
for
discussion
on
this
I'll?
Throw
a
discussion.
I
continue
to
be.
You
know,
I
continue
to
be
on
the
fence
about
this.
B
I
agree
with
the
position
that
a
pool
can
be
a
luxury
and
I
also
understand
that
we
are
treating
the
reasonable
use
factors
as
if
it
were
any
structure
and
as
as
we
were
told,
to
discuss
it
last
time.
So
with
that
in
mind,
it's
I
think
this
is
a
tremendous
challenge
of
an
inquiry
and
I'm
I'm
curious
to
see.
If
anyone
has
anything
to
sway
me
as
to
how
I
should
approach
this
I
mean,
we
know
that
they
can,
because
we've
seen
we've
seen
alternative
designs.
C
B
C
But
you
know
a
grand
tree
is
special,
which
is
why
it's
under
this
special
protection-
and
maybe
if
it's
cared
for
a
little
bit
better
because
it
was
probably
you
know
in
a
smaller
house
or
uncared
for
a
lot
for
a
while.
It
could
be
viable,
which
is
probably
why
it's
not
a
dangerous
tree,
marked
as
that.
So
I
have
to
believe
that
if
it's
it's
protected,
it's
protected
for
a
reason.
I.
L
I
mean
this
there's
another
24
inch
tree,
that's
also
a
C8,
that's
I
mean
the
limbs
are
almost
entanged
with
one
another
I
mean
you
can
train
with
the
24
inch
Thrive
and
become
better
without
the
other
one.
There
I
mean
I'm,
not
an
arborist,
but
you
know
with
the
neighbors
concerns
and
the
people
that
are
now
in
support
that
are
the
direct
Neighbors
again
I'm,
self-defense
and
they're.
Both
c8s
I
mean.
Are
they
going
to
eventually
just
snuff
each
other
out.
F
B
All
right,
we
have
another
10
other
time.
Another
continuance,
that's.
D
B
Well,
either
we'll
see
you
next
month
or
maybe
you
can
work
something
out.
C
A
E
B
Yeah
she
gets
to
go
first.
Sorry.
E
All
right,
the
next
case
before
the
board
is
vrb
2290.
This
is
addressed
at
5611,
South
Russell
street,
it's
zoned
rs50
and
the
request
is
to
remove
a
37
inch
ground,
Live
Oak,
to
construct
a
pool
code.
Section
in
reference
is
section
27-284.2.5
that
has
the
criteria
for
the
removal
of
a
grand
tree.
E
E
This
is
the
first
alternative
site
plan
that
the
applicant
provided
showing
what
they
could
potentially
put
in
if
they
stayed
outside
of
the
radius
of
that
tree.
E
This
is
a
second
alternative
site
plan,
showing
an
encroachment
into
that
radius
by
five
feet,
so
they
they're
15
feet
set
back
from
the
tree,
and
this
is
the
third
proposal,
which
is
what
they
applicant
is
looking
to
put
in
for
the
pool.
E
E
B
Okay,
thank
you.
Mr.
Do
you
come
on
up
state
your
name,
your
address
confirm
that
you've
been
sworn
and
then
you
will
have
10
minutes
to
make
your
presentation.
M
M
And
I'm
a
landscape
designer
nice
combo
and
they
design
hardscapes.
So
as
you
can
see,
I
posited
three
different
scenarios:
the
first
one
with
such
a
skinny
pool
I
doubt
the
client
who's
here.
Cliff
Hale
would
want
a
pool,
that's
only
six
feet
wide
and
a
dog
leg.
M
M
On
the
second
version,
being
a
15
feet,
setback
evidently
the
home
itself
had
some
sort
of
variance
going
on
because
it
itself
is
in
the
15
foot
range
and
it
has
a
wooden
deck
in
the
back
that
respects
that,
because
you
know
two
things:
Roots
need
air
and
water
and
they
go
root.
Systems
go
two
to
three
times
further
than
their
own
Branch
spread,
and
it's
a
Collective
area
where
there's
lots
of
trees,
the
neighbor
just
to
the
left
of
them
put
in
a
pool
and
a
screen
enclosure.
M
M
The
variance
review
board
would
not
want
to
remove
the
tree.
The
version
number
two
we
would
air
Spade
the
system,
so
we
see
the
roots
and
I
would
oversee
where
the
piers
would
go
for
that
wood
deck,
which
would
allow
the
two
things-
air
and
water
and
we'd-
want
the
wood
deck
to
be
24
inches
above
grade
to
really
help
the
root
system
than
the
pool
itself.
M
M
That
version
is
acceptable
to
my
client,
but
of
course
they
would
rather
have
you
know
the
tree
gone
and
have
a
wonderful
backyard
as
a
pool
so
I'm
pretty
sure
the
first
version
would
never
get
built,
but
I
had
to
show
you
that
that's
legal,
but
it's
kind
of
a
ridiculous
scenario.
M
So
if
you
see
all
three
of
them,
the
second
version
is
as
a
possibility
and
then
they'd
have
to
have
some
sort
of
a
cover
that
goes
over
the
pool
to
keep
all
the
Twigs
debris
and
acorns
and
all
that
that
comes
and
keep
it
away,
because
you're
not
going
to
be
able
to
put
a
screen
enclosure
underneath
a
canopy
like
that,
so
they
have
young
kids
and
one
is
coming
along
the
way
and
they
want
to
have
a
pool.
I
remember
as
a
child,
I
I
swam
a
lot
and
I
know
what
it's
like.
M
I,
don't
swim
anymore.
But
you
know
it's
what
they
would
like
to
do
am
I
being
clear
about
the
desire
here
or
do
you
have
any
questions.
B
M
B
M
There's
a
big
Laurel
Oak
about
23
feet
away
in
the
other
yard,
and
it
is
massive
and
it
actually
cuts
into
the
canopy
and
I
had
a
canopy.
You
know
noon
time,
late,
submission
somewhere
like
about
a
week
ago
that
came
in
and
it
shows
where
the
canopy
is,
but
they
all
collectively
act
as
one
for
when
abatement
and
all
that.
B
J
J
I
want
to
take
Direct
I
want
to
tell
you
right
now
that
what
what
the
gentleman
just
said
is
not
true,
there's
not
plenty
of
trees
left
there
because
I
own
the
property
right
next
to
it.
There's
three
houses
on
it
now
and
they
clear-cut
the
place
when
I
sold
it.
They
cut
down
every
grand
oak
on
that
property,
except
for
one.
J
D
J
Or
up
oh
there
we
go
okay.
Let
me
explain
what
this
is.
We
live
next
to
the
Hills
to
the
north,
where
it
says
Lot
10
there
in
that
little
square
building.
J
That's
our
house,
Our
Deck
and
our
yard.
The
property
with
the
big
X
in
it
is
the
property
that
we
sold
in
2019..
We
owned
all
the
property
to
the
west
of
us
for
175
feet.
It's
now.
Three
lots
houses
were
built
on
it
in
the
process
of
selling
that
property
we
kept
10
feet
for
ourselves
is
kind
of
a
insulation
between
the
new
construction
in
our
house.
Part
of
that
10
feet
is
what
you
see
in
yellow
there
behind
directly
behind
the
hail
property.
J
Now,
I
don't
know
if
this
would
positively
affect
the
way
the
pool
could
go
in
or
if
it
makes
no
difference,
but
I
just
wanted
to
present
it
for
the
record
to
show
you
that
this
property
exists,
we've
actually
talked
to
the
hills
about
buying
this
property
previously,
and
we
didn't
come
to
any
agreement
on
it.
J
I
would
you
know,
gladly
sell
it
to
them
again
and
we'd
have
to
talk
about
price.
Of
course,
but
I
would
give
it
to
him
at
a
bargain
price
if
it
would
save
the
tree.
B
Are
you
time
is
up.
I
J
No
I
mean
that's
that's
basically.
What
I'm
here
for
I
just
wanted
to
present
for
the
record
that
this
is
available,
I
mean
I'm,
I
I,
don't
want
them
to
put
to
cut
the
tree
down
because
I
don't
think
it's
a
proper
reason
to
cut
the
tree
down.
A
swimming
pool
is
again
I
agree
with
the
with
the
people
who
said
this
before.
J
B
I
Good
morning
my
name's
Allison
date,
2403
West
Chicago
well,
I,
was
looking
through
the
reasonable
consideration
of
configuration.
Considerations
and
I
I
felt
that
looking
at
the
two
Alternatives
one
or
two,
the
ideas
that
that
could
be
is
I
thought
that
if
that
was
what
was
needed
to
do
to
have
a
pool,
then
that
would
be
you
know
perhaps
okay,
and
that
would
meet
the
impact
of
the
proposed
pool.
I
But
I
don't
think
that
getting
rid
of
the
tree
to
put
in
a
large
pool
is
acceptable
and
the
idea
that
you
know
having
the
tree
because
other
there's
other
people
who
have
pools
are
having
the
pool,
because
other
people
have
pools
is
really
I.
Don't
I,
don't
understand
that
you
know
anyway,
so
because
I
feel
that
again,
this
is
a
very,
very
vital
resource
for
our
city,
and
each
tree
should
be
considered
as
an
important
treasure
really
and-
and
the
other
thing
I
wanted
to
comment
on.
I
So
you
already
know
that,
because
I
just
said
that
before
is
at
the
bottom
of
this
one
of
the
papers,
that
was
there,
the
client
said
that
they
did
not
know
that
that
about
Grand
trees
when
they
purchased
the
place
and
so
I
was
really
concerned
about
that
and
I
feel
that
the
city
is
not
doing
a
good
job
of
educating
the
public
about
Grand
trees
and
that
needs
to
change.
I
We've
tried
to
propose
an
idea
for
talking
about
the
new
law,
tree
law
and
there's
no
money,
t-tag
the
Tampa
tree,
advocacy,
advocacy
group
and
then
the
fact
that
don't
the
Realtors
and
the
developers
need
to
tell
people
who
are
buying
the
lot
that
there's
a
Grand
Tree
on
it,
and
it's
going
to
require
special
considerations.
I
That
needs
to
happen.
The
Realtors
and
the
developers
and
the
city
need
to.
Let
people
know
about
this,
because
it
would
save
you
a
lot
of
work.
It
would
save
the
trees
and
I
just
think
that
that
is
what
needs
to
happen.
We
need
these
trees.
So
thank
you.
H
H
There
are
cities
all
across
the
nation
right
now,
looking
at
trees
as
vital
infrastructure,
you
don't
have
to
you.
You
have
to
be
living
in
a
cave,
not
to
understand
what
we're
up
against
and
what
we're
we're
staring
down
the
barrel
of
a
gun
at
luckily,
Tampa
has
had
the
foresight
because
of
a
1973
tree
code
Edition
to
keep
trees,
which
has
cooled
our
city,
which
has
helped
drain
away
rain
water,
which
has
made
it
a
livable
City
and
will
make
it
a
livable
City
in
the
future.
H
Now
the
fellow
here
said
that
we're
going
to
like
you,
know
we're
not
going
to
we're
just
going
to
take
down
one
tree.
Well,
that's
how
it
happens
one
tree
at
a
time
and
suddenly
the
canopy
is
gone.
You
know
I've
been
coming
here
for
10
years
now,
and
we've
watched
this
canopy
just
disintegrate
by
illegal
Cutters
by
people
just
want
to
put
in
a
pool
by
somebody
who
just
wanted
to
like
put
in
a
garage,
and
they
decided
that.
H
H
Etc,
etc,
and
I
will
say,
d:
let's
go
with
d,
whether
alternative
construction
methods
can
be
utilized
reserve.
The
Grand
Tree
requested
for
removal
up
to
a
critical
root,
Zone
above
ground
pool.
They
don't
need
to
dig
a
giant
hole
in
the
ground
and
ruin
the
root
system
for
a
grand
oak
that
we
all
own
it's
our
tree.
H
It
just
happens
to
be
on
somebody
else's
property
and
when
they
bought
that
property
they
knew
they
knew
that
that
Grand
Tree
was
there,
and
nobody
can
tell
me
that
they
didn't
know
that
that
Grand
Tree
was
there
and
that
was
going
to
keep
them
from
having
to
do
anything
else.
In
the
back
of
that
that
lot,
that's
just
a
lie.
H
J
Mr,
chairman
members
of
the
parents
review
board,
my
name
is
John
grandoff.
My
address
is
Suite.
37.
Excuse
me
it's
my
business
address.
My
address
is
5300
Bayshore,
Boulevard,
literally
a
stone's
throw
from
this
property.
Let
me
let's
talk
about
reasonable
use
and
I
in
my
law.
Practice
I
used
to
have
two
discussions
with
clients
that
wanted
to
remove
trees
and
I'd,
say
where's
the
tree,
it's
in
the
middle
of
the
property.
J
That's
denying
you
the
reasonable
use,
because
you're
entitled
to
housing
to
shelter
if
that
tree's
in
the
middle
of
the
property
should
be
able
to
be
removed.
If
it's
not,
the
tree
is
staying.
I
used
to
have
frequent
discussions
with
clients
like
that
and
I've,
been
both
sides
of
the
issue:
removal
of
trees,
preservation
of
trees
when
these
folks
buy
property
in
Hillsborough
County
in
the
city
of
Tampa
they're,
charged
with
notice
of
the
tree
ordinance.
J
J
My
revisions
are
acceptable
to
the
client
acorns
and
leaves
that's
going
to
be.
A
problem
got
to
get
those
out
the
screen
enclosure.
These
are
problems.
These
aren't
your
problems
you're
here
to
debate,
whether
there's
reasonable
use
being
denied.
Remember
the
tree
in
the
middle
of
the
lot
example,
I
told
you
they're
not
being
denied
reasonable
use
of
the
property.
It's
literally
an
afterthought
I've
seen
numerous
cases
of
these
afterthoughts.
Oh,
we
want
the
pool
now
and
now
we've
got
to
go
to
variance.
J
So
here
we
come
and
I
have
I've
battled
many
of
them
before
it's
a
simple
desire,
which
is
a
nice
desire,
but
you
can
build
something:
I
handled
a
variance
for
a
gentleman
on
Willow
and
Bayshore.
He
wanted
a
variance
that
says:
what
can
you
fit
there
without
a
variance
he
says,
I
can
get
a
six
foot,
lat
pull
I,
say:
well,
that's
what
you're
getting
that's
what
fits
they
have
to.
J
They
get
what
fits
they
don't
come
here
to
ask
you
to
get
them
out
of
their
mistaken
real
estate
purchase
because
the
tree's
there,
the
Laurel
Oak
canopy,
has
nothing
to
do
with
this
case.
The
fact
that
there
are
other
trees
has
nothing
to
do
with
the
reasonable
use
standard.
That's
the
standard.
You
have
to
apply
in
a
Judicial
mentality
and
an
additional
test
of
evidence.
He
put
no
evidence
on
that,
they're
being
denied
a
reasonable
use
of
their
property.
J
He
says
one
tree
is
removed.
It's
not
that
bad,
that's
not
the
test.
It's
not
a
that
bad
test.
I'll
conclude
my
remarks
and
tell
you
that
this
application
seriously
fails
the
test.
It
does
violence
and
disservice
to
the
spirit
of
the
law
and
those
that
follow
the
ordinance
and
do
not
take
trees
because
they
should
be
preserved,
uphold
the
ordinance
deny
this
application.
Thank
you.
B
A
G
G
N
B
All
right
anyone
else
who
wished
to
speak
about
this
petition
this
evening.
G
Hi
cliffhale
5611,
South,
Russell
Street
and
just
wanted
to
provide
a
response
to
some
comments
that
were
made
so
and
with.
A
B
G
Apologize
yes,
I've
been
sworn
in,
so
you
know
first
and
as
my
neighbor
has
just
testified
towards
the
desire
for
this
variance
and
tree
removal
was
really
for
quality
of
of
life.
For
my
family,
it's
not
a
matter
of.
He
has
a
pool
and
I
want
one.
Now
it's
it's
a
more
quality
of
life
desire
into
some
earlier
comments
made
by
my
my
the
my
other
neighbor,
the
property.
When
we
purchased
it
actually
has
undercome
some
changes
in
terms
of
the
the
zoning
or
the
property.
G
I
should
say
boundaries.
G
In
fact,
the
neighborhood
spoke
initially
had
filed
had
filed
a
legal
course
of
action
against
us
due
to
a
zoning
or
or
a
deed
mishap
I'm,
not
too
sure
how
it
happened,
but
essentially
the
Builder
of
our
house
had
built
about
100
square
feet
on
the
land
that
he
had
highlighted
in
his
exhibit,
and
so
the
builder
at
that
time
was
in
a
position
where
they
can
make
good
in
that
they
would
give
them
the
100
square
feet
back
which
they
did,
which
also
in
as
a
result,
reduced
the
size
of
our
backyard,
to
which
you
saw
the
plans
for
the
current
pool
and
that
that
100
square
feet
was
added
adjacent
to
our
house.
G
So
there
was
in
fact
some
change
to
our
home
after
purchasing
it,
albeit
this
change
may
not
have
been.
It
was
a
hundred
square
feet.
However,
you
know
felt
what
it
was
worth,
noting
also
worth
noting
the
the
additional
land
in
the
back.
There
was
an
offer
made
for
that
land
at
the
price
of
10K.
G
So
with
regard
to
you
know,
if
a
fair
price
or
bargain
price
me
being
the
only
offer
and
buyer,
that
is
the
price
that
was
given
and
that
was
refused
as
I
understand
it,
because
15K
was
invested
into
the
legal
representation
to,
for
lack
of
a
better
term,
take
back
that
hundred
square
feet
that
the
Builder
had
built
over
their
land
and
then
lastly,
I
feel
it's
important
to
to
note.
You
know
with
the
second
design.
We've
really
have
attempted
to
make
this
work
with
the
tree.
G
We,
it
was
not
our
initial
desire
to
tear
this
tree
down
in
an
attempt
to
get
a
15
foot
or
five
foot
approval
or
to
dig
within
15
feet.
I
should
say:
I
could
not
be
attained,
and
so
you
know
that
prompted
this
variance
and
discussion
today
so
appreciate
your
time.
Thank
you.
All.
B
I'm,
sorry,
everybody
gets
three
minutes
to
speak
apologies,
but
the
applicant
has
rebuttal
time
of
five
minutes.
If
you
want
to
come
back
up,
if
there's
anything
else,
you
want
to
add.
You
have
rebuttal
time
now.
M
Yes,
one
comment
was
that
you
could
do
an
above
ground
pool
and
what
I
had
mentioned
before
is
tree
roots,
need
air
and
water
and
above
ground
pools
are
usually
a
rectangle
or
a
circle,
and
it
would
still
encroach
and
that
footprint
wouldn't
allow
air
and
water
underneath
the
above
ground
pools.
M
Hopefully
you
can
consider
it
design
number
two,
because
it's
one
that
I
tried
my
hardest
so
that
it's
actually
aesthetic
it
would
look
good
and
it'd
be
useful
to
them.
Since
there
was
already
a
five
foot
pushback
from
the
actual
Builder.
B
And
I
apologize
I
should
have
opened
up
for
questions
before
we
did
General
rebuttals.
So
let's
do
this.
Does
anyone
have
any
questions
for
the
applicant
anyone
you'll
get
rebuttal
time
after
that.
F
M
F
B
Be
needed,
actually,
that
was
that
was
going
to
be
a
question
I
had
for,
for
either
legal
or
for
Miss
Badoo
is,
is
a
variance
necessary
for
design
number
two
or
is
design
number
two
possible
without
the
variance
connection.
E
K
K
It
can
be
reduced
down
with
Arbor
supervision
and
then
because
they
are
going
to
end
up
preserving
the
tree,
they
actually
get
the
benefits
of
the
setback
reductions
as
well,
so
they
could
utilize
those.
So
they
could
increase
the
pool
a
little
bit
if
they
needed
to
to
kind
of
fit
the
space.
B
Okay,
all
right
now
you
get
five
minutes.
Sorry,
so.
M
To
a
fellow
arborist
I
have
a
question:
would
that
also
include
elevating
the
actual
pool
deck
height
to
match
the
wooden
deck
that
we
would
do
and
have
that
24
inches
versus
at
grade?
And
it
can
only
be
12
inches
I.
B
Well,
then,
apologies
for
messing
up
the
order
there.
Okay,
with
that
I,
will
close
the
public
hearing
and
open
it
up
for
a
motion
from
the
board.
Does
anyone
have
a
motion
they'd
like
to
make.
F
F
27-284.2.5
sub
F
sub
4
of
the
city
code
for
grantee
tree
removal,
specifically
that
the
applicant
has
presented
an
alternative
site
plan,
indicate
you
know,
proving
that
the
proposed
pool
can
be
reasonably
reconfigured
to
preserve
the
Grand
Tree.
B
Okay?
Is
there
a
need
for
discussion
on
this
motion,
seeing
none
all
those
in
favor
of
denial,
say
aye
and
you
posed
all
right.
The
motion
is
the
motion
passes.
The
petition
is
denied
a
petitioner.
Has
the
opportunity
to
work
on
alternative
design
two,
and
should
you
choose
to
appeal
the
decision
you
always
have
from
city
council
to
do
so?
E
E
E
This
is
what
is
being
proposed.
The
new
two-story
structure
and
the
way
we
are
set
back
here,
which
is
the
request
before
the
board,
is
reducing
that
from
15
feet
to
seven
feet.
E
E
E
E
These
are
pictures
that
the
applicant
has
provided
showing
us
the
existing
single
family
residence
and
the
existing
accessory
structure
in
the
determination
of
the
variance
requests
before
you.
The
board
shall
consider
section
27-80
that
has
the
criteria
for
the
approval
or
denial
of
a
variance
request.
If
you
have
any
questions,
I'll
be
available.
B
So
it's
is
it
the
size,
that's
exceeding
accessory
structure
amounts
triggering
main
principal.
E
Structures
correct
yes,
so
if
this
was
under
750,
then
they
would
be
required
to
have
three
by
three,
but
because
it's
above
they're
required
to
meet
principal
structure,
setbacks.
Okay,
thank
you.
E
What
happened
was
that
initially
they
had
a,
they
were
working
with
an
agent
and
then
I
guess
they
had
some
issues,
so
they
had
a
new
design
and
with
the
new
design
that
we're
meeting
the
setback
on
the
side
and
the
only
variants
that
they
were
requesting
for
was
for
the
rare.
So
in
the
previous
design,
they
needed
us
both
aside
on
a
rare
yard
setback
and
the
new
design
they're
only
requiring
the
rare
yard
setback.
B
O
Hi
I'm
Cali
rabo
I'm
at
2302,
North,
Massachusetts,
Avenue
and
I
have
been
sworn
in.
I'm
just
gonna
go
through
the
statements
of
hardship,
so
the
first
part
is
that
the
alleged
hardships
are
practical.
Difficulties
are
unique
and
singular
with
respect
to
the
property
or
with
respect
to
the
structure,
building
they're
on
and
are
not
those
suffered
in
common
with
other
properties,
structures
or
buildings
similarly
located.
So
there
are
two
particular
hardships
that
are
unique
to
our
property.
O
First,
we
are
located
on
a
corner
lot
with
no
alley
access.
Nearly
every
other
house
in
our
neighborhood
has
aliexs
except
for
hours.
So
this
limits
the
access
and
orientation
of
the
allowed
accessory
structure
and
second,
the
location
of
our
existing
75
year
old
home
has
limited
where
we
can
place
our
allowed
garage
apartment.
O
The
next
part
is
the
hardship
or
practical
difficulty
does
not
result
from
the
actions
of
the
applicant.
A
self-created,
hardship
or
practical
difficulty
shall
not
justify
a
variance.
So
this
hardship
does
not
result
from
our
actions.
We
are
on
a
quarter
lot
with
no
alley
access.
So,
in
a
sense,
we
don't
have
a
conventional
rear
yard,
but
it's
as
if
we
have
two
side
yards.
So
we
are
asking
for
a
variance
for
the
rear
yard
which,
when
viewed
as
you
saw
from
those
pictures
of
the
Edition,
it
will
appear
to
be
a
side
yard.
O
Essentially
the
distance
between
the
garage
apartment,
Edition
and
the
neighbors
to
our
rear
or
the
west
from
which
we
are
seeking.
A
variance
will
be
similar
to
the
other
side
yards
on
Park
Avenue
and
our
neighborhood
and
last
one
of
our
children
is
deaf
and
hard
of
hearing,
and
so
we
wish
to
preserve
as
much
of
the
yard
as
possible
for
her
safety.
O
The
the
variants
will
not
substantially
interfere
with
or
injure
the
health,
safety
or
welfare
of
others,
whose
property
would
be
affected
by
allowance
of
the
variants.
By
providing
a
rear
variance,
we
will
actually
be
bringing
the
garage
into
further
compliance
by
meeting
the
required
side
setback
and,
finally,
the
variance
is
in
harmony
with
and
serves
the
general
intent
and
purpose
of
this
chapter
and
the
adopted
Tampa
comprehensive
plan.
So
the
variance
is
in
harmony
with
and
serves
the
general
intent
of
the
purpose
of
the
Tampa
comprehensive
plan
for
three
reasons.
O
So
there
is
wide
neighborhood
support
for
these
structures,
allowing
the
variance
will
result
in
substantial
Justice
being
done.
The
rear
yards
setback
variants
from
15
feet
to
seven
feet
will
allow
us
to
preserve
the
existing
75
year
old
home
and
keep
with
the
historic
nature
of
our
neighborhood.
This
variance
will
allow
us
to
preserve
our
yard
for
our
deaf
and
hard
of
hearing
Childs
and
finally,
we
are
promoting
density
and
affordable
housing
which
are
neighborhood
supports.
O
Thank
you
very
much.
Okay,
that.
B
Is
there
anyone
in
the
audience
who
wished
to
speak
about
this
petition
this
evening?
Yes,
come
on
up.
P
Peter
schmeed
I
live
at
2304,
North
Massachusetts,
Avenue
I,
my
property
borders,
the
North
Boundary
of
their
property
and.
P
I
have
been
sworn
in.
Yes,
sir.
All
right,
I
prepared
a
statement
just
for
time
limitation
reason,
someone
to
read
to
you
if
you
don't
mind
first
off
I'd
like
to
to
begin
by
acknowledging
that
our
neighbors
Paul,
Cali,
Maya
and
Calvin
are
very
nice
people,
that's
not
for
debate,
and
we
also
wish
to
live
in
harmony
side
by
side
with
them.
P
In
the
same
breath,
it's
also
our
desire
and
expectation
to
maintain
a
minimum
level
of
privacy,
insecure
and
safety
at
the
place
that
we
call
home
I'd
like
this
approval
board,
to
also
know
that
Paul
and
I
have
had
several
conversations
prior
to
this
meeting
to
satisfy
both
our
wants
and
needs,
as
it
relates
to
his
desire
to
build
an
accessory
dwelling
or
structure.
Those
conversations
were
collaborative
in
nature,
but
ultimately
unsuccessful
at
achieving
a
mutually
agreeable
outcome.
Before
today's
deadline.
P
We
live
in
a
city
where
living
density
is
promoted
and
inherently
it
means
that
we're
on
top
of
each
other
day
in
and
day
out.
We
don't
have
issues
with
that.
In
fact,
we
bought
our
house
knowing
that,
because
the
city
code,
regulations
and
guidelines
are
in
place
to
provide
an
element
of
security
and
privacy
for
each
property
owner.
P
P
A
blanket
approval
without
conditions
to
address
our
concerns
does
interfere
with
our
health,
safety
and
well-being,
and
here
are
a
couple
of
examples.
I
have
many,
but
I
only
have
so
much
time
so
number
one
and
I
have
photos.
If
you
guys
would
like
to
see
these
our
pool
our
pool
deck
our
patio
or
an
area
that
we
frequent
for
private
family
time
to
relax.
P
P
This
very
configuration
does
allow
direct
visibility
into
our
pool,
our
patio,
our
living
room
and
kitchen
at
a
very
short
distance,
from
both
the
first
and
second
floor
of
the
new
proposed
structure,
completely
negating
the
Privacy
that
we
enjoy
today,
Paula
Kelly
shared
that
they
intend
to
rent
out
this
structure
and
use
the
bottom
portion
of
their
home.
While
we
support
this
density
in
affordable
housing,
the
added
activity
from
both
further
erodes
our
privacy
and
well-being
in
a
very
significant
way
now.
P
I
know
this
may
not
sound
material,
but
it
is
when
you
factor
in
what
we're
currently
dealing
with,
and
we
support
this,
but
their
yard
is
used
as
an
urban
farm.
They
have
a
composting
business
which
welcomes
nuisance
and
insects
that
come
with
it.
We
knew
that
when
we
bought
the
property,
it's
common
for
them
to
have
flower
farming
classes
in
the
yard,
with
groups,
they
have
chickens
greenhouse
on
the
property
line
Etc.
P
We
are
not
and
have
not
complained
about
these
things,
but
the
added
activity,
use
and
impact
associated
with
this
variance
approval
does
materially
impact
our
well-being,
our
well-being,
health
and
safety
I'm
going
to
move
forward.
There's
some
security
things,
but
I
won't
talk
about
that.
Here's!
What
I
do
want
to
say
to
you
in
closing
I'd
like
to
State
for
the
record
that
we
do
not
object
in
principle
to
our
neighbors
having
an
accessory
dwelling
or
structure
if
it's
allowed
by
right
of
the
zoning
District.
P
If
the
setback
variance
is
granted
by
the
variance
review
board,
we
ask
that
you
should
attach
conditions
that
will
protect
our
privacy.
We
ask
for
no
windows
or
balcony
on
the
rear
or
north
side
of
the
structure
and
limit
Windows
on
the
east
side
within
20
feet
of
the
property
line
to
privacy,
Windows
no
greater
than
36
inches
wide
12
inches
high,
the
same
windows
that
we
have
looking
into
their
property,
and
that's
it.
Thank
you
and.
B
P
B
Else
in
the
audience
who
wishes
to
speak
about
this
petition
this
evening,
seeing
none
I
will
open
it
up
correctly,
this
time
for
questions
from
the
board,
for
the
petitioner,
for
the
any
commentator
or
for
City
staff.
F
F
So
you
know
my
understanding
is
that
there
is
currently
a
one-story
Garage
on
your
property
that
is
closer
to
your
neighbor's
property
than
your
new
structure
will
be.
Is
that
an
accurate
statement,
correct
okay?
And
how
wide
is
your
current
garage
and
and
the
reason
I'm
asking
is
in
comparison
to
the
new
garage?
Is
it
any
wider.
F
And
the
reason
I'm
asking
is:
will
your
property
I
guess
back
up
to
your
neighbors
any
more,
you
know
when
he
looks
at
it,
then
it
currently
does.
If
your
neighbor
is
looking
South
onto
your
at
your
on
your
accessory
structure,
you
know.
Currently
it
looks
like
it's.
You
know
holds
to
her.
You
know
two
cars
looking
left
from.
Q
E
O
Yeah
I
mean
it's
about
20
22
feet.
The
width
is
the
same,
but
if
we
were
okay
so
currently
it's
one
story,
so
it
would
be
to
two
story
and
further
away
from
their
house,
so
it
would
actually
be
further
away
from
their
house
and
if
we
don't
get
the
variance,
then
we're
actually
going
we're
still
going
to
build
this,
but
we'll
actually
be
closer
to
their
house
right.
F
B
So
you
are,
you
are
to
the
north,
you
said
so
you
you
are
currently
as
to
the
one
car
garage
that
exists
now
you're,
currently
looking
at
that
one
car
garage.
B
Okay
and
it
it
would
be
moving
a
further
away
and
we
believe
not
getting
any
wider,
but
certainly
getting
longer
and
certainly
getting
taller.
Correct.
Okay
and
you've
had
discussions
about
window
placement
with
your
neighbors.
P
The
resolution
No
in
fact
before
coming
here,
I
was
I,
was
hoping
that
they
would
offer
a
plan,
but
we
haven't
seen
a
plan
or
any
of
that,
and-
and
we
were
clear
that
we
wouldn't
object
if
we
could.
If
we
understood
that
there
was
some
concern
for
the
Privacy
that
we
talked.
B
P
B
All
right,
that
is
all
the
questions
I
have
for
you.
Does
anyone
else
have
any
questions
for
this
gentleman
before
he
goes
and
sits
down.
C
We're
just
talking
about
this
corner
of
the
property
is
going
to
be
two
stories:
it's
not
the
main
residence
which
could
be
two
stories
too,
but
so
it's
just
the
garage
correct,
getting
moved
further
south
I
do
see
the
concern,
maybe
for
the
North
and
of
the
top
floor
of
the
structure.
Looking
directly
down.
C
P
Absolutely,
which
is
what
I
proposed:
okay
yeah,
it's
it's
so
not
on
the
back
side,
though
the
the
north
side,
because
that's
directly
looking
like
I'm
if
I
stand.
If
you
look
at
the
photos,
if
I
stand
in
my
living
room
or
kitchen
I,
don't
know
my
boxers
or
whatever
it's
direct
line
of
sight,
it's
not
far
at
all
I'm.
R
C
The
other
end,
if
even
if
that
other
structure
was
too
so
you'd
have
the
same
issue,
but
that
one
is
more
direct
I
yeah.
P
B
Okay,
any
other
questions
for
this
gentleman
before
he
takes
a
seat.
P
With
Armature
Works
right
there
a
block
away,
it's
it's
a
big
problem
and
there's
crime
issues
too.
Our
vehicles
just
stolen
out
of
the
driveway
because
of
the
massive
issue
that
we
have.
B
O
B
Rabbit
yes,
so
we've
heard
from
your
neighbor
about
some
concerns
about
window
placement
and
you're
going
two
stories
up.
Those
are
reasonable
concerns.
J
B
You
have
any
agreement
as
to
how
to
address
those
things
or
have
you
discussed
those
issues,
and
can
you
tell
us
a
little
bit
about
a
little
bit
about
that
yeah.
O
O
So
looking
down
on
their
pool,
we
said
we
would
put
the
tall
windows,
but
then
that
room
needs
Windows,
because
so
we
we
did
not
agree
to
no
windows.
On
the
other
side.
That
being
said,
our
neighbors
have
Windows
that
look
right
down
into
our
yard.
One
of
them
is
like
a
stained
glass,
one
that
you
can't
see
through,
but
there
is
a
window
that
does
look
down
into
our
yard,
so
I
do
feel
that
that
is
an
unreasonable
request.
When
you
have
a
window
that
looks
onto
our
yard.
N
B
E
B
E
B
Fair:
okay,
any
other
questions
for
the
petitioner
for
staff
or
for
anyone
else.
C
O
I
do
yeah
I
mean
I
would
rather
not
I
would
rather
be
able
to
give
you
know
our
neighbors
I
would
like
to
give
whoever
lives
in
our
garage
apartment,
whether
it's
family
or
rented,
to
have
a
nice.
You
know
windows
and
sunshine,
but
we,
you
know,
want
to
move
forward
with
this.
So
we
are
willing
to
put
windows
up
high
on
the
North
side,
not
willing
to
not
have
Windows
on
our
East
Side.
Does
that
make
sense?
Did
I
answer
the
question?
Okay,
thank
you.
B
All
right
and
did
we
so
did
we
adequately
address
that
as
a
potential
condition.
D
I
I
mean
I
believe
so
you're
you
know,
one
of
the
one
of
the
criteria
is
whether
it's
substantially
interferes
with
the
rights
of
others.
So
if
the
condition
is
intended
to
address
that
hardship
criteria,
then
I
think
it
would
be
appropriate
sure,
I.
F
B
B
Since
we're
since
we're
asking
questions,
and
since
Mr
rabo
appears
to
want
to
have
some
point
on
this,
did
you
want
to
chime
in
on
this
while
we're
having
these
discussions.
B
G
I
live
at
2302,
North,
Massachusetts,
Avenue
and
I
have
been
sworn.
I
saw
the
pattern
earlier
so
yeah
I'm,
just
yeah.
We
would
like
to
move
forward
on
this.
We
do
want
to
make
sure
everyone
is
happy,
we're
not
trying
to
cause
any
trouble
with
neighbors
so,
but
it
would
be
kind
of
tricky
to
decide
exactly
what
window
merits
privacy
legally,
but
we
would
be
more
than
happy
to
try
to
make
it
tall
enough
where
people
can't
see
through
on
that
North
Side.
B
You
understand
the
concern.
Absolutely
the
neighbors
saying:
look:
you're
you're,
asking
for
variance
technically
you're,
not
going
closer
to
their
house
you're,
actually
moving
further
away,
but
you
are
asking
for
a
variance
and
you're
going
two
stories
up.
Then
their
position
is.
Could
you
just
look
into
our
backyard.
G
Absolutely
yeah
and
we'd
be
willing
to,
like
you
know,
do
blinds
or
whatever
needs
to
happen
on
that
side.
Yeah
I
understand
how
that
goes
too,
but
I
think
what
stole
this
out
with
the
talks
before
was
no
windows
on
the
east
side,
and
so
that
was
basically
sectioning
off
a
large
piece
that
would
have
no
light
on
that
whole
side.
So
they
wanted,
like
you,
know,
privacy,
glass
or
something
it
would
get
kind
of.
It
was
getting
kind
of
funky
on
that
side.
G
G
So
we
were
asking
for
instead
of
a
seven
foot,
setback
off
the
line
of
five
foot
from
our
neighbors
to
the
north,
but
instead
we
decided
it
was
just
give
them
full
leeway,
the
full
setback
of
seven
feet
and
just
basically
turned
to
the
west
and
try
to
move
that
structure
back
as
much
as
possible.
So
that
was
our
kind
of
compromise
and
we
don't
have
a
final
design
on
that
yet
because
we
had
an
original
design
for
stacking
on
top
of
that
garage
and
now
it's
kind
of
like
a
a
rough
design.
B
Thank
you
no
problem.
Thank
you.
Okay,
any
other
questions
for
the
petitioner
or
anyone
else
before
we
allow
for
revival
time.
B
Seeing
none
you
or
your
wife
have
five
minutes
for
rebuttal.
Should
you
choose
to
use
it
just.
G
Yeah,
just
real
quick:
we
do
not
have
any
grass
on
in
our
lawn
I
guess
it
is
kind
of
an
urban
farm.
I
guess
we
do
have
chickens
we're
within
code
for
the
chickens,
and
we
also
have
a
bunch
of
flowers
and
stuff.
So
typically,
we
do
hang
out
outside
quite
a
bit.
It's
too
nice
not
to
and
my
wife
cuts
and
grows
a
lot
of
flowers,
so
that's
usually
what
what's
happening
outside.
G
So
we
see
that
as
an
added
benefit,
as
you
can
see
by
all
of
our
letters,
and
we've
also
had
cleared
this
with
our
civic
association
as
keeping
in
code
with
actually
bringing
our
neighborhood
back
into
kind
of
like
forms.
When
you
do
go
down.
Park
Avenue,
you
actually
see
seven
foot
between
each
structure
instead
of
this
big
kind
of
a
15
plus
seven
foot
Gap.
So
we've
cleared
this
with.
You
know:
neighborhood
of
the
civic
association,
lots
of
neighbors
support
for
this
type
of
project,
and
so
here
we
are.
G
B
O
I
know:
we've
said
it,
but
I
do
just
want
to
reiterate
that
if
we
do
have
to
have
the
condition
of
the
windows
above,
we
want
to
move
forward.
So
we're
motivated
to
do
that.
However,
I
do
want
to
State
again
that
their
Windows
do
look
right
down
into
our
yard.
O
We
do
not
have
that
privacy,
no,
we
don't
have
a
pool,
we
have
a
garden
and
so
I
just
if
we
have
to
I
understand-
and
we
want
to
have
good
neighbors
as
Paul
said
lots
of
letters
of
support
from
our
neighbors,
but
I
would
ask
that
we
don't
have
that
condition
since
we're
not
asking
for
a
setback
on
their
side,
and
if
we
don't
do
the
variance,
we
would
actually
be
closer
to
their
house.
So
thank
you
very
much
for
your
time.
I
appreciate
it.
B
F
I
move
that
the
variance
request
for
case
BRB
21-126
for
property,
located
at
2302,
North
Massachusetts
Avenue,
be
granted
as
depicted
on
the
site
plan
presented
at
the
public
hearing
for
a
construction
for
construction.
Sorry
for
a
reduction
of
the
rear
yard
setback
from
15
feet
to
7
feet,
with
an
encroachment
for
Eaves
and
gutters,
based
upon
the
applicant,
presenting
competent
and
substantial
evidence
in
the
record
and
at
this
public
hearing
of
an
unnecessary
hardship
or
practical
difficulty.
F
When
considering
the
five
hardship
criteria
set
forth
in
section
27-80
of
the
city
code,
specifically
that
the
alleged
hardship
is
unique
to
the
property
and
that
this
is
a
corner
lot
without
an
alley
which
is
unusual
in
this
neighborhood
and
the
you
know,
proposed
variants
will
allow
for
additional
parking,
which
is
not
available
due
to
the
lack
of
the
alley.
And
additionally,
because
this
accessory
structure
is
similar
to
other
structures
in
the
neighborhood
and
is
therefore
in
harmony.
B
L
B
All
right,
we
have
a
motion
and
a
second
let's
discuss.
If
there's
a
need
for
discussion.
B
I,
don't
know
that
that
evidence
is
in
the
record
and
we
have
closed
public
hearing.
B
B
We've
got
a
map
here
too.
It's
not
really
clear.
B
Yeah,
but
so
is
that,
but
but
so
is
the
the
setback
they're
not
going
any
closer
than
they
are
permitted
to
go
on
the
side,
yard
and.
F
So
so
my
my
thinking
and
making
the
motion
without
conditions
is
that
one
thing
the
Mr
Schmidt
brought
up
is
that
you
know
his
house
is
within
the
setbacks
and
that
he,
you
know,
bought
his
house
with
full
knowledge
of
this
Tampa
city
code.
The
requested
variance
is
not
for
so
you
know
the
neighbor's
objection
is
to
the
north
side
and
the
East
Side,
those
of
which
are
in
you
know
currently,
as
proposed
conform
with
the
city
code.
So
that's
my
reasoning
for
approving,
without
conditions.
C
I'm,
just
gonna
just
brainstorm
on
this,
a
little
bit
more.
So
that's
the
main
residence
they're,
not
changing
their
main
residence.
It's
an
accessory
structure,
so
I
kind
of
feel
like
there
is
a
little
bit
of
a
maybe
a
right
on
the
second
floor
on
the
North
to
you
know,
provide
clear
story,
windows,
but
nothing
direct
down,
because
it
is
a
change
to
the
neighborhood
and
the
condition
as
it
was
so
I'm
wavering
between
the
two
myself,
but
that's
kind
of
what
I'm
going
back
and
forth
with
well.
F
B
But
but
here's
the
here's,
the
issue
now
you're
you're
moving
this
yeah.
If
this
one
met
main
structure
setback,
it
would
be
what
eight
feet
closer
this
way
as
it
stands
now
there
too,
what
are
technically
their
rear
yards,
their
two
rear
yards
match
up
with
each
other
and
they've
got
there.
Looking
at
the
map,
they've
got
their
pool
right
in
the
backyard.
B
B
Would
be
closer
to
the
east
side
right,
they
would
move
the
house
closer
to
the
east
side
slide
it
right
up
against
the
house.
They
have
every
right
to
build
it
up
to
15
feet
right
because
I'd
say
where
you're
at
setback.
They
have
every
right
to
build
anything.
They
want
two
stories
up:
15
feet
from
the
west
side
of
the
property.
I
B
B
L
But
you
know
just
to
clarify
the
condition
if
you're
going
to
condition
this,
you
would
say
the
north
side
of
the
home
would
be
designed
with
the
consideration
of
the
neighbor's
privacy
and
windows
would
be
a
privacy
style
window
or
yes,
I,
don't
know
how
to
architecturally.
That's
what
I'm
trying
to
say.
You
know
I
I
guess
you
could
just
say
to
you
know
consideration
of
neighbors
privacy,
something
along
those
lines
here,
but
we
I
don't
see
how
we
could
possibly
say
it's
going
to
be
a
this
thing's
20
feet
wide.
B
L
Q
I
If
you
want
to
I'm
not
sure
how
the
heck
you'd
ever
enforce
it,
but
you
know
you'd
have
to
keep
them
the
sill
at
the
bottom
of
the
sill
at
six
feet
so
which,
by
the
way,
there's
some
photos
right
here.
I
That
make
sure
those
are
vents,
or
this
one
is
I
mean
this
is
only
one.
B
Well,
it's
up
to
the
petition
it's
up
to
Miss
Decker,
who
made
the
motion.
If
you
want
to
proceed
with
the
promotion
as
is
or
if
you
want
to
modify
it
for
conditions
except.
F
B
E
E
This
is
addressed
at
1004,
West,
Mohawk
Avenue.
This
is
zoned
rs50,
the
property
owners
of
Laura
and
Nicola
Pavan,
and
the
variance
request
is
to
reduce
the
rare
yard
setback
from
three
feet
to
2.3
feet
and
the
East
Side
yard,
set
back
from
three
to
zero
for
an
accessory
structure.
An
existing
accessory
structure.
E
This
is
a
corner
yard
in
the
USF
institutional
Planning
District
right
at
the
intersection
of
West
Mohawk
Avenue
and
North
Park
Place.
E
E
and
they
did
cite
the
code
sciker
about
1982,
but
the
code
for
accessory
structures
in
line
82
had
the
front
setbacks
at
a
60
feet.
Minimum
and
the
corner
yard
set
back
as
a
five
foot
and
the
side
yards
as
two
feet
if
it's
fireproof
construction
or
four
feet,
if
it's
non-fireproof
construction,
and
that
was
at
between
1956
and
1988.
So
even
if
that
were
the
case
that
the
accessory
structure
were
built
in
1982,
those
would
be
the
setbacks,
so
they
would
still
not
be
compliant.
E
This
was
reviewed
by
right-of-way
and
found
consistent
with
no
comments.
This
was
also
reviewed
by
transportation
and
found
consistent
with
no
comments.
This
was
reviewed
by
natural
resources
and
found
inconsistent
with
technical
standards.
They
did
have
a
staff
member
that
was
attached
in
the
staff
report,
who
received
the
letters
of
objection
or
support
for
this
variance
request.
E
B
Okay,
any
questions
so
petitioner
name
address
form
I'm.
N
And
I
represent
Mr
Pavan,
my
name
is
Frank
Greco
I
live
at
5440
North
River
Shore
Drive
in
Tampa
and
I've
also
been
sworn.
N
Okay,
we
have
two
requests
tonight.
One
is
that
we'd
like
to
have
the
variance
for
the
side,
setback
and
the
rear
setback
for
the
accessory
structure
and
the
second
request,
because
of
the
complexity
of
this
particular
case
and
the
delay
that
was
caused
by
trying
to
determine
the
proper
setbacks
based
on
the
code
of
1982..
N
There
was
a
delay
in
getting
the
information
to
us
for
our
the
previous
hearing,
which
we
were
actually
scheduled
in
October
and
through
no
fault
of
the
city
or
ours,
that
information
didn't
make
it
for
the
notice
period,
so
we're
asking
for
forgiveness
for
the
fines
that
have
been
occurring
since
the
19
since
the
the
October
request
since
September
22nd,
the
September
I'm,
sorry,
it's
September
22nd,
so
we're
asking
for
forgiveness
for
those
fines,
because,
through
no
fault
of
ours
or
the
cities,
there
was
a
a
delay
in
getting
that
information
to
us
for
the
for
the
hearing.
B
Will
show
you
before
you
continue
just
just
in
case
you
and
I'll
pause
your
time
to
the
extent
that
you're
talking
about
fines,
I,
don't
think
that's
within
the
purview
of
what
we
can
do.
But
I
also
think
that
there
is
some
discussion
to
be
had
about
when
you're,
in
the
variance
process,
whether
fines
are
paused.
But
that's
regardless.
Fine
forgiveness
is
not
something
that
is
within
our
perfume.
D
N
D
N
Okay,
we
will
do
that.
First
of
all,
the
the
fine
or
the
the
citation
occurred
in
March,
which
we
went
through
the
magistrate
and
at
that
time
it
was
for
the
setback
on
the
rear
of
the
shed,
which
is
at
2.3
feet,
and
the
side
is
at
zero
for
the
property
line
we
did
pull
up.
This
is
a
photograph
of
the
of
the
rear
of
the
shed
and,
as
you
can
see,
it
is
fire
rated
with
a
Hardy
Board
Siding.
N
This
is
the
front
of
the
shed
and
that's
also
a
fire
rated
siding.
That's
on
there
and
then
what
we
did
was
we
pulled
the
the
1982
zoning
code,
which
does
say
five
feet
from
any
other
Street
line,
not
the
lot
line,
but
the
street
line,
which
it's
25
feet
from
the
street
line
to
the
to
the
shed
on
the
side,
which
is
we're
asking
for
zero
setback
there
and
then
two
feet
in
the
case
of
fireproofing,
not
more
than
two
feet
from
the
adjacent
property
line
in
the
rear.
So
we
went
to
the
magistrate.
N
They
were
a
little
bit
confused
because
the
current
code
is
is
obviously
different
than
this
one
is,
and
they
asked
us
to
go
back
to
the
zoning
department.
We
did
that
we
went
to
Eric
Cotton,
who
agreed
that
we
had
a
case
here
that
in
1982,
when
the
shed
was
was
constructed
as
a
dressing
room
for
a
new
pool
that
was
properly
permitted
and
approved
by
the
city
back
in
1982,
so
it
was
constructed
as
a
as
a
dressing
room.
N
So
Eric
Cotton
asked
us
if
we
could
provide
photos
from
1982
well,
we
can
only
provide
photos
from
from
2009
from
from
the
Google
Air
shots
that
we
could
find,
but
it
was
there
in
1982..
N
So
what
we
are
asking
for,
Mr
Pavan
would
like
to
codify
this,
so
there
would
not
be
an
issue
in
the
future.
As
far
as
code
enforcement
goes
to
codify
the
setbacks
that
are
existing
with
the
shed
as
it
is,
with
the
zero
on
the
street
side
and
2.3
inches
to
the
to
the
rear
of
the
shed.
There
is
proper
separation
from
the
main
structure
to
this
to
this
accessory
structure,
which
I
believe
the
code
says
five
feet:
that's
the
current
code,
five
feet
Eve
to
Eve,
so
we
do
have
that
that
proper
setback.
N
So
when
we
were
set
up
for
the
hearing
to
be
in
September
on
the
22nd
of
September
we'd,
the
actual
noticing
period
had
been
missed
because
we
did
not
get
the
information
from
the
city
because
of
the
complexity
of
this
case.
The
fact
that
there
was
a
previous
code
that
was
was
in
play
when
it
was
constructed
and
because
that
there
were
the
magistrates
requests
for
us
to
go
back
to
the
zoning
department.
So
we
are
asking
for
you
to
approve.
N
If
you
would
please
the
the
zero
setback
and
on
the
side,
and
also
the
to
a
two
foot,
three
inches
for
the
the
rear
setback.
B
So
all
right
is
there
anyone
in
the
audience
who
wishes
to
speak
about
this
petition
this
evening,
seeing
none
questions
from
the
board
for
the
petitioners
or
anyone.
N
B
N
K
K
19
I
believe
was
1981.
I
wasn't
here
at
the
time.
I
was
in
college,
so
I
wasn't
here,
but
I
think
it
was
1981
and
then
to
build
a
pool
the
next
year
and
we
checked
with
Eric
Cotton
and
he
did
have
all
the
permitting
and
everything
for
the
pool,
but
because
the
shed
is
only
eight
feet
by
16,
they
didn't
require
permits,
apparently
so,
and
they
still
don't.
N
F
F
N
The
property
line
according
to
today's
code,
but
not
to
1982.
in
1982,
it
was
allowed
to
be
as
it
is
because
it
is
fire
rate
and
I
actually
have
fire
rating
information
here.
If
you
need
to
see
that
so
no
the
code,
the
the
we're
not
asking
for
new
construction,
we're
just
asking
to
codify
the
setbacks
of
this
accessory
structure
that
was
constructed
in
1982.,
so
that
we
don't
have
to
do
another
variance
so
that
yeah,
so
it's
codified
in
the
in
the
documentation.
D
N
K
B
C
Did
that
okay
question
for
legal,
so
the
only
issue
I
have
with
this
is
that
we
are
asking
to
approve
a
variance
for
the
property
and
it's
in
it
now
future.
So
whatever
happens
now
they
are
allowed
to
build
zero
lot
line
and
2.3,
no
matter
what
happens
and.
B
C
D
The
site,
the
the
variants
that
you
grant
is
tied
to
the
site
plan,
so
I
think
it's
answering
I
think
it's.
C
D
N
L
D
D
L
K
A
But
it
looks
larger
to
me
like
I,
mean
the
A-frame
pitched
roof
versus
the
flat.
In
addition
to
the
height
I
mean
in
comparison
of
the
pictures,
it
looks
I.
N
K
E
C
N
A
K
K
That's
I
changed
the
roof
on
it,
putting
metal
roof
on
it
instead
of
shingles
or
whatever
was
on
there
before
and
I
put
the
fireproof
panel,
as
required
by
the
code.
R
B
Okay,
you
have
five
minutes
for
a
bottle.
Should
you
should
choose
to
use
it?
You
can
address
any
of
the
questions
that
were
raised
or
even,
if
you
so
choose.
N
Well,
I'd
like
to
just
go
ahead
and
mention
that
the
the
current
shed
is
a
smaller
size
than
what
is
required
permitting
by
the
city.
Even
currently,
there
has
been
no
changes
to
the
footprint
size
or
anything
of
that
sort.
However,
it
still
is
less
than
150
square
feet
that
the
city
requires
for
permitting,
so
we're
still
below
that
that
threshold.
B
Okay,
and
does
that
conclude
your
rebuttal
this
evening?
Okay,
yes,
all
right,
then
I
will
go
ahead
and
close
the
public
hearing
and
open
it
up
for
a
motion
from
the
board.
F
F
When
considering
the
five
hardship
criteria
set
forth
in
section
27-82
of
the
city
code,
specifically
that
the
variants
will
not
injure
the
health,
safety
or
welfare
of
others.
One
of
the
reasons
that
we
have,
these
setbacks
in
place
is
to
prevent
things
like
fire
hazards
on
the
shed
is
currently
fire
rated.
So
that's,
you
know
not
much
of
an
issue
for
us
to
consider
here
and
additionally,
the
hardship
did
not
result
from
the
actions
of
the
applicant.
B
Okay,
a
motion
to
approve
is
their
second
all
right.
Okay,
any
need
for
discussion,
seeing
none
all
that
is
in
favor
of
much
to
approve,
say
aye,
any
opposed
motion
is
granted.
Petition
is
proved
have
a
great
evening.
Thank
you.
Thank
you.
E
This
is
the
subject
property.
It's
an
interior
lot
in
the
South
Tampa
Planning
District.
This
is
the
existing
single
family
residence
and
it's
connected
to
this
accessory
structure.
By
this.
E
This
is
the
proposed
addition.
They
are
looking
to
add
a
roof
over
a
sun
deck
that
is
above
the
existing
garage.
E
And
because
this
is
connected
to
the
principle
structure,
it
has
to
meet
the
principal
structure
setbacks.
This
was
reviewed
by
natural
resources
and
found
consistent
with
the
following
comments.
The
improvements
are
taking
place
on
top
of
an
existing
structure.
No
tree
conflicts
have
been
observed
at
this
time.
At
the
time
of
construction,
all
applicable
sections
of
chapter
27,
Chapel
met
shall
be
met,
Transportation
reviewed
and
found
it
consistent
with
no
comments
and
right
off.
E
These
are
pictures
of
the
existing
home
showing
the
front
of
the
property,
the
existing
garage,
the
sunroof,
where
the
proposed
Edition
is
going
to
be
made
to
the
roof
and
again
we're
seeing
that
roof
deck
that
they
are
looking
to
put
a
roof
over,
and
this
is
what
they
are
proposing
to
do
with
the
addition
to
the
existing
home
to
put
the
roof
over
the
roof
on
the
sun
deck
and
and
close
it
on
one
side.
E
Staff
has
received
no
letters
of
objection
or
support
for
this
request
and
staff.
Reviewers
have
provided
no
memos
in
the
determination
of
the
variance
requests
before
you.
The
board
shall
consider
section
27-80
for
the
criteria
of
the
approval
or
denial
of
a
variance
request,
I'll
be
available.
If
you
have
any
questions.
B
You
mentioned
a
legal
description.
Objection
is
there
a
clarification
you
can
provide
for
us
sounds
like
a
petitioner
is
going
to
handle
it,
but
any
clarification
as
to
what
the
objection
was.
E
J
B
All
right,
thank
you.
Petitioner,
come
on
up
state
your
name.
Your
address
confirm
that
you
have
been
sworn.
You
will
have
10
minutes
sure.
S
Mike
Loomis
landscape,
Fusion,
owner
3613,
West,
Palmyra,
Ave,
Tampa,
33629
I,
have
been
sworn
in,
so
I
would
like
to
start
with
those
things
that
were
just
said
there
just
to
clarify
a
few
things.
So,
since
the
initial
submittal
Miss
Barbara
Lynch
was
nice
enough
to
point
out
that
the
survey
that
was
submitted
originally
did
not
have
the
correct
legal
mumbo
jumbo
on
it.
S
That
has
been
since
corrected
and
been
resubmitted.
We
actually
had
a
new
survey
in
the
works
at
that
time.
So
that's
already
been
updated
also
to
make
clarification,
because
it
wasn't
updated
here,
but
it
has
been
updated
on
the
set
that
I
brought
and
the
set
that's
been
resubmitted
to
the
city.
Since
that
one
of
the
things
that
came
back
with
the
the
variance
was
that
the
rare
yard
setback
per
plan
and
everything
else
is
not
going
from
20
to
six
foot
one.
S
B
It
okay
before
I've,
got
to
stop
you.
Do
we
have
a
notice
issue
from
seven
feet
to
three
feet.
S
B
So
we
updated
everything.
Yes,.
D
A
B
S
Away
all
right
so
as
pretty
much
everybody
stated,
I
think
the
easiest
thing
to
see
is
pictures
right.
If
I
put
this
this
way,
is
it
upside
down
to
you?
No
nope
that
looks
great
okay,
so
biggest
thing
we
got
going
on.
Is
we
have
a
current
garage
structure
so
originally
I
thought
the
garage
was
an
accessory
structure.
S
We
went
through
the
whole
thing
with
the
vrb.
It
came
back
from
here,
cotton
in
the
zoning
department.
At
that
point,
or
actually
the
vrp
department
came
back
and
said:
no,
it
is
no
longer
an
accessory
structure.
It
is
too
attached
to
the
main
structure.
It
is
the
main
structure.
So
this
is
not
an
accessory
structure
or
anything
like
that.
So
that's
where
we
don't
have
a
height
requirement,
because
this
house
is
almost
three
stories
anyway,
so
there
is
no
height
requirement
in
this
particular
situation.
S
From
this
angle,
you
can
just
see
rooftop.
Now
she
kept
calling
it
a
sun
deck
and
that's
a
great
definition
because
it
is
facing
west
southwest.
So
you
can
imagine
it
is
completely
unusable.
So
that
is
the
hardship
in
this
particular
sense.
Is
that
clients
want
to
use
this
space?
It's
a
very
tight
lot,
very
narrow
lot
going
to
be
very
difficult
if
they
ever
want
to
pull
in
the
backyard,
because
there's
no
access.
S
S
S
This
just
kind
of
shows
you
that
it
is
truly
a
rooftop
deck
because
from
the
second
story
of
their
house
there
is
a
door
that
walks
right
out
onto
it.
It
is
a
tiled
roof.
It
was
built
with
masonry
walls
going
around
with
the
masonry
structure,
so
that
just
kind
of
shows
you
what
we're
already
working
with
here's
a
picture
from
the
front
showing
that
it's
a
garage
there
is
that
walk
away
tunnel
connection.
But
again
zoning
came
back
and
said
that
it
was
part
of
the
main
structure.
At
that
point,.
S
From
there
just
a
couple
more
views-
and
obviously
you
guys
have
all
this
imagery
already
in
there,
but
just
a
couple
more
views
of
what's
going
on
stairs
that
bring
it
up
from
the
backyard
and
there's
that
lovely
west
southwest
exposure,
so
we're
not
even
really
facing
anybody's
house
at
that
point
either
just
got
one
window
on
that
one
neighboring
house
from
there
the
proposed
would
be
a
variation
of
a
split
style
roof
for
breathability
modernism,
because
the
house
is
extremely
modern
and
then,
as
you
can
see,
just
doing
something
on
that
one
side
just
to
create
some
privacy
and
majority
of
it
just
block
the
the
Sun.
S
It
would
be
full
outdoor
entertaining
space
at
that
point
and
use
a
building.
So
there's
there's
the
finished
product.
B
B
Thank
you
solves
a
lot
of
problems.
Okay
is
there
anyone
in
the
audience
who
wishes
to
speak
about
this
petition
this
evening,
seeing
none
any
questions
from
anyone
on
board
for
petitioner
or
staff.
L
L
S
E
Coordination,
no,
it
is
not
my
view
that
this
was
always
this
way,
we're
not
able
to
pull
previous
permits,
because
this
is
old
and
everything
has
been
archived
because
at
whatever
time
this
was
built,
it
would
have
had
to
meet
setbacks.
And
if
it
was
not
being
said
back,
then
it
would
have
been
approved.
So
this
is
well
from
what
we
see.
This
is
something
that
has
morphed
into
okay,
modified.
L
E
But
at
the
point
at
which
they
did
come
in
for
the
variance
and
I
remember
speaking
with
him
over
the
phone,
he
said
this
was
for
an
accessory
structure
at
that
point,
I
hadn't
seen
any
plans
or
anything
and
so
I
was
giving
him
advice,
as
I
would
for
an
accessory
structure.
But
once
the
plants
came
in,
I
was
like
this
is
not
an
accessory
structure
because
it
is
connected
to
the
principal
structure.
B
Okay,
so
for
clarity,
you
are
not
you're,
not
expanding.
What
already
exists
in
into
or
further
into
any
of
the
setbacks.
You're
just
going
up
off
of
what
already
exists
that.
B
I
think
our
standard
approval
includes
with
the
encouragement
of
eaves
and
gutters,
so
it
should
be
okay
with
that
any
other
questions
from
anyone.
E
B
Don't
okay,
then
we
will
close
the
public
hearing
and
open
it
up
for
a
motion
from
the
board.
L
When
considering
the
five
hardship
criteria
set
forth
in
section
27-80
of
the
city
code,
specifically
that
this
is
an
addition
to
a
vertical
addition
to
an
existing
structure
that
this
is
not
going
to
have
any
sort
of
health
or
safety
hazard
for
the
public.
It
will
actually
improve
the
health
and
safety
of
the
resident
guarding
them
from
the
Sun
and
that
it
does
serve
for
the
general
intent
and
purpose
of
outdoor
living
space
to
be
able
to
be
used.
F
B
B
L
That
said,
variance
as
conditioned
be
granted
upon
the
applicant
presenting
competent
and
substantial
evidence
in
the
record
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
code,
again,
specifically
that
it's
a
vertical
addition
to
an
existing
structure,
it's
going
to
improve
the
outdoor
living
space
and
increase
safety
from
the
Sun
for
the
existing
resident.
Okay,.
B
F
B
Motion
with
condition
never
to
be
enclosed,
all
those
is
there
need
for
discussion,
no
all
those
in
favor,
saying
I,
and
he
posed
all
right.
Your
petition
is
proved
have
a
great
evening.
Thank
you.
E
The
next
case
before
the
board
is
vrb
22
and
93
addressed
at
3319
West
Palmyra
Avenue,
the
property
owners
are
Mark
and
Pamela
Brown.
This
is
owned,
rs50
residential
single
family.
The
variance
request
is
to
reduce
the
rare
and
side
yard
setbacks
from
five
feet
to
three
feet
for
a
pool
screen
enclosure
and
the
code
section
in
reference
is
section
27-290.5
screen,
enclosures
for
single
family
setbacks
or
five
feet
on
sides
and
five
feet
on
the
rear.
E
There
is
already
an
existing
pool
and
deck
area,
and
the
applicant
is
looking
to
enclose
that
this
is
a
site
plan,
partial
site
plan
provided
by
the
applicant,
showing
what
that
pool
enclosure
would
be
even
we're
at
the
five
foods
required
by
the
code,
and
this
is
their
proposal
to
have
that
at
three
feet
on
all
sides
for
the
pool
enclosure.
E
This
was
reviewed
by
natural
resources
and
found
consistent
with
conditions
that
all
with
the
comments
that
all
canopy
pruning
must
meet:
Auntie
a300
pruning
per
American,
National
standards
for
Tree
Care
operations
and
the
general
standards
for
tree
pruning.
E
E
This
is
a
picture
provided
by
the
applicant,
showing
the
existing
conditions
on
the
site
showing
that
pool
and
the
existing
patio.
Oh
existing
pool
deck
in
the
determination
of
the
variance
requests
before
you.
The
board
shall
consider
section
27-80
the
criteria
for
the
approval
or
denial
of
the
variance
request
I'll
be
available.
If
you
have
any
questions.
B
R
So
this
is
my
backyard
a
little
as
far
as
the
history,
the
pool
the
deck
and
the
spa
were
all
installed
and
1993.
When
the
when
the
house
was
built,
I
checked
with
the
City
of
Tampa
archives
and
they
did
provide
me
with
a
permit
back
I
guess
in
from
First
Choice
pools
back
in
May
of
1993,
so
it
looks
like
it
has
been
permitted
at
the
time
it
was
built.
R
As
you
can
see
right
away,
the
screen
enclosure
would
pretty
much
block
the
steps
that
we
used
to
enter
and
exit
the
pool
screen
would
then
go
around
the
North
End,
pretty
much
close
to
the
water
Maybe
three
inches
to
the
tight
rope
walk
over
there.
The
screen
then
runs
into
the
spa,
which
is
raised
about
eight
inches
from
the
deck
goes
up
and
over
the
spa,
and
then
it
also
goes
right
along
the
this
small
step
down
here
in
the
spa,
which
is
very
small
and
a
pretty
steep.
R
R
So
the
reason
for
the
main
reason
for
the
enclosure
is
to
open
up
our
outdoor
space
to
have
more
more
room
and.
R
Mainly
to
keep
keep
the
the
reptiles
and
rodents
and
insects
out,
I've
pulled
a
few
snakes
out
and
pool
over
the
years,
but
I
don't
mind
them
too
much
because
I
keep
the
rat's
population
down,
but
I
still
don't
like
to
share
the
my
pool
with
the
snakes.
But-
and
it's
also
as
far
as
the
insects
where
it
is
now
most
of
the
deck
area
is,
is
outside
the
screen.
So
we'd
be
exposed
to
the
mosquitoes
and
other
insects.
R
So
so,
with
the
three
foot
set
back.
R
This
should
allows
plenty
of
space
to
access.
The
steps.
You'll
also
give
me
space
to
rear
the
pool
to
access
and
access
to
the
spa
without
having
to
maneuver
around
also
gives
us
more
space
and
protection
from
the
insects
for
outdoor.
R
The
they're
also
the
I,
think
I
don't
have
any
trees
or
shrubs
around
the
outside
of
the
the
the
three
foot
area.
It's
mostly
just
grass
and
rocks
so
I.
Don't
think
there
would
be
any
problems
with
any
emergency
access.
R
I've
talked
to
my
neighbors
on
both
sides.
They
have
they
both
have
no
objections
to
having
the
the
screen
enclosure.
R
R
I
did
some
research
on
the
Florida
Florida's,
registered
residential
swimming
pool
safety
act
and
in
order
to
be
considered
approval
safety
barrier,
it
has
to
have
four
requirements
based
on
chapter
515
of
the
of
the
ACT
must
be
at
least
four
feet:
high,
no
gaps
or
openings,
and
there
must
it
must
be
around
the
perimeter
of
the
pool
and
the
fourth
item
is:
it
must
be
placed
sufficiently
away
from
the
water's
edge
to
prevent
a
young
child
or
elderly
person
who
may
have
managed
to
penetrate
the
barrier
from
falling
into
the
water.
R
Finally,
they're
the
four
Department
of
Health
in
Hillsborough
County,
recently
released
an
advisory
of
increased
mosquito-borne
disease,
specifically
Eastern
equine
encephalitis.
This
is
a
deadly
disease
that
kills
approx
approximately
30
percent
of
the
people
that
get
infected
it's
transmitted
by
mosquitoes,
and
there
are
no
vaccines
or
medicines
to
treat
this.
B
Include,
yes,
terrific!
Is
there
anyone
in
the
audience
who
wishes
to
speak
about
this
petition,
any
questions
from
petitioner
from
the
board
for
the
petition
I
have
one:
when
did
you
acquire
the
home.
R
B
A
R
Well,
it's
probably
mainly
been
Financial
in
the
past
so
getting
to
the
point
where
getting
close
to
retirement
so
I
like
to
put
in
a
new
enclosure.
B
B
All
right,
we
have
a
motion
to
approve.
Do
we
have
a
second
okay,
any
discussion
seeing
none
all
those
in
favor
of
approval,
say
aye
any
opposed.
Okay,
your
petition
passes
five
to
one
have
a
great
evening.
Thank
you.
E
This
is
an
interior
loss
in
South,
Tampa,
Planning
District,
the
subject
property
is
shown
here
and
in
the
blue
rectangle.
That
is
the
outline
for
the
proposed
RV
carport.
E
This
is,
there
is
an
existing
shed
on
the
property
that
is
not
shown
on
this
site
plan,
but
it
would
be
shown
in
the
pictures
that
the
applicant
has
provided
and
there
are
towards
the
the
North
End
of
the
property
towards
this
side
right
here
there
is
a
pending
carport
permit.
That
is
awaiting
the
approval
of
this
variance
request.
E
E
E
These
are
the
pictures
that
the
applicant
has
shown
has
provided
showing
us
the
subject:
property
and
the
existing
conditions,
and
this
is
the
shed
as
earlier
mentioned-
and
here
you
see
the
RV
and
the
concrete
padding
we
that
it's
sitting
on
currently
the
RV
again,
that
is
in
question,
and
it's
behind
a
privacy
fence.
E
B
So
just
a
quick
question:
sorry
South,
Richard
Avenue
is
that
the
front
of
the
property?
Is
that
the?
What
what
the
city
considers
the
front?
Yes.
E
E
Yeah
I
believe
the
house
is
within
the
setbacks.
I,
it's
a
bit
hard
to
see
from
here
the.
B
B
Q
Basically,
I
just
want
to
cover
my
RV,
keep
it
from
being
sunbeat
and
at
the
time
I
built
the
shed.
Oh
I
didn't
build
I
had
it
built
my
Tough
Shed
a
number
of
years
ago,
then
the
wife
wanted
an
RV,
so
we
bought
an
RV
had
the
pool
already
fenced
there.
You
know
I
thought.
Well,
let's
put
it
in
the
backyard
you
know
had
no
idea.
Q
Q
Q
No
one
will
ever
see
it
unless
they
drive
by
and
look
down
between
the
two
houses
and
I
do
have
a
number
of
pictures
here.
I
drove
around
the
neighborhood,
because
I
lived
in
Tampa
pretty
much
all
my
life
I
know:
South
Tampa.
Like
the
back
of
my
hand,
there
are
structures,
carports,
RV,
car
or
carports
within
five
feet
of
the
front
property
lines
throughout
South
Tampa
down
there.
Q
Q
Okay,
actually
from
the
side
of
the
road.
The
edge
of
the
road
to
the
front
of
the
the
RV
is
50
feet.
It's
35
foot
on
the
plan.
As
far
as
my
property
line
to
the
front
and
my
pad's
25
feet.
So
there
there's
your
60
feet.
All
the
way
to
the
back
of
the
RV
pad
would
be
60
feet.
So
that's
what
you're
saying
is
without
a
variance
I
couldn't
put
nothing
until
the
very
back
of
my
backyard.
B
Okay,
does
that
conclude
your
presentation,
I,
don't
know
what
else
to
say.
So,
yes,
it
does
all
right.
Thank
you.
Is
there
anyone
in
the
audience
who
wish
to
speak
about
this
petition,
I'm.
Q
B
None
does
anyone
have
any
questions
for
the
petition.
Q
Q
Absolutely
not
absolutely
not
I,
don't
even
want
to
I
would
rather
have
it
open,
because
the
wife
and
I
don't
want
to
scream.
We
we
have
a
poop,
we
had
it
for
a
few
years.
We
don't
want
screened
in
pool
we
like
the
Sun,
but
it's
beating
RV
up.
That's
all
I,
just
don't
want
RV
to
get
sunbeat
long
before
it's
time
before
I
get
to
use
it
too
much.
Thank
you.
I
A
A
B
C
Have
one
question
I'm,
looking
at
the
covered
area,
Post
in
relation
to
your
proposed
covered
RV
area?
What
would
be
the
distance
between
those
two
structures.
C
Q
A
there's,
a
gate
that
I'd
go
through
with
my
rider
mower
between
this
overhang
off
the
house,
which
part
of
the
house
when
I
bought
it.
My
boat
sits
under
that
and
then
it
like
I
said:
there's
five
foot
from
that
over
to
the
RV
pad
it's
13
foot
wide
and
then
you've
got
another
eight
foot
to
the
side,
property.
B
Right
then,
I'm
close
public
hearing
and
open
it
up
for
motion
from
the
board.
Anyone
want
to
make
a
motion.
A
For
the
property
located
at
6419,
South
Richard
Avenue
be
granted
as
depicted
on
the
site
plan
presented
at
the
public
hearing
for
a
reduce
the
front
yard
setback
from
60
to
35
feet
60
feet
to
35
feet
with
an
encroachment
for
the
eaves
and
gutters.
Although
the
carport
you
shouldn't
have
them,
but
based
upon
the
applicant
presenting
competent
and
substantial
evidence
in
the
record
at
this
public
hearing
of
an
unnecessary
hardship
or
practical
difficulty.
A
When
considering
the
five
hardships
criteria
set
forth
in
section
27-80
of
the
city
code,
specifically
that,
in
order
for
him
to
be
able
to
park
it
within
the
variance
lines,
it
would
be
impossible
if
we
don't
Grant
the
variance
and
it
isn't
encroaching
a
safety
hazard
upon
any
of
the
neighbors
or
themselves.
And
with
those
reasons,
I
move
that
we
Grant
the
approval
without
conditions.
B
Q
Can
I
clarify
one
thing,
real,
quick,
you
know
you
talk
about
a
front
setback.
My
understanding
is
the
front.
Your
front
yard
starts
at
your
property
line,
correct
and
goes
to
the
front
of
your
house
anything
past
that
is
considered.
Your
backyard
am
I
wrong
and
saying
that.
B
Is
a
setback
from
the
front
from
the
front
line
of
the
property,
but
because
it's
an
accessory
structure,
it.