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From YouTube: Board of Adjustments November 20, 2019
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A
A
A
B
C
D
Is
a
quasi
judicial
proceeding
where
the
Board
of
Adjustment
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
out
of
quasi
judicial
hearing?
It
is
not
the
board's
function
to
make
law,
but
rather
to
apply
law
that
has
already
been
established
in
a
quasi
judicial
hearing.
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
apply
those
findings
of
fact
to
previously
establish
criteria
contained
in
the
Code
of
Ordinances
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
D
The
board
may
only
consider
evidence
at
this
hearing
that
the
law
considers
competence,
substantial
and
relevant
to
the
issues.
If
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
established
in
the
code
of
ordinance,
then
the
board
is
required
by
law
to
find
in
favor
of
the
applicant.
By
the
same
token,
if
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
failed
to
meet
the
criteria
established
in
the
code
of
ordinance,
then
the
board
is
required
by
lots
of
find
against
the
applicant.
F
E
G
G
The
applicants
are
requesting
the
various
to
reduce
the
front
minimum
front
yard
setback
from
25
feet
to
23
feet,
a
two
foot
variance
and
to
reduce
the
minimum
rear
yard
setback
from
25
feet
to
22
feet
a
three
foot
variance
for
the
construction
of
a
single-family
residence
on
a
vacant
lot.
The
parcel
is
located
at
906
West,
Bayshore
Drive.
It
is,
however,
vacant
it
is
zoned
r100,
a
the
setbacks
for
that
district
are
in
your
packet
note
that
the
front
setback
is
required
to
be
25
feet.
The
applicants
are
requesting
23
feet.
G
G
You
need,
for.
The
variance
that
we
found
is
primarily
due
to
the
unusual
shape
of
the
subject
property.
The
parcel
is
a
corner
lot,
with
an
unusually
long
curved
property
line
on
one
side
that
prevents
a
construction
of
a
standard.
Rectilinear
shaped
house,
and
that
would
be
the
general
standard
construction,
and
this
provides
limitations
on
where
a
driveway
or
the
primary
entrance
to
the
property
can
be
located.
There
is
a
survey
in
your
packet
there's
also
a
proposed
site
plan
in
the
packet.
It
also
it
shows
the
curved
property
and
the
resulting
setbacks.
G
G
G
H
H
So
the
property
owners
purchased
this
property
in
2000
July
of
2019
when
their
goal
was
to
build
their
first
home
on
this
lot,
specifically
selected
this
corner
lot,
so
they
could
have
a
design
where
the
garage
was
on
the
side
of
the
house
rather
than
the
front
of
their
house.
That
was
their
desire.
H
If
you
would
turn
to
the
first
page,
though,
what
I
wanted
to
show
you
in
this
first
page
of
the
exhibit,
is
the
plant
and
I
know
it's
a
little
hard
to
read
because
it's
small
and
it's
old,
but
it
was
plotted,
as
mr.
Cerner
said,
in
1957,
the
city
approved
it
in
June
of
1957,
the
county
approved
it
in
July
of
1957,
and
it
was
recorded
in
December
of
1957.
There
are
only
six
Lots
in
this
in
this
plaque
and
a
lot
six
is
highlighted
there
in
yellow.
H
H
So
as
you
can
clearly
see
the
problem
with
this
lot
from
a
layout
point
of
view,
I
think
it's
pretty
obvious
from
the
plot.
There's
a
pretty
sharp
curve
and
it's
a
long
curve,
as
mr.
Cerner
said,
going
around
the
top
of
the
property
on
the
north
and
then
curving
around
to
the
west.
Today,
as
engineers
are
planning
corner
Lots,
they
make
those
corner
Lots
wider
I'm.
H
It's
22
feet,
and
this
also
goes
to
your
criteria
about
the
minimum
variance
requested
it's
right
on
those
numbers.
We
don't
have
any
any
flexibility
there,
so
we're
off
by
a
total
of
five
feet
and,
quite
frankly,
if
it
weren't
curved
and
the
lot
were
the
same
dimension
on
the
west
side
as
it
is
on
the
east,
the
96
feet
we'd
be
good.
H
H
H
You're
the
last
criteria
or
the
fourth
criteria,
is
that
it
will
not
grant
any
space
privileged
and
we're
not
asking
for
a
special
privilege
we're
asking
to
build
on
a
vacant
corner
lot,
just
like
there's
properties
in
the
Bayshore
heights
area,
which
you're
very
familiar
with
to
the
south.
We
have
the
same
zoning
district,
our
100
a,
and
we
are
its
a
conforming
lot
as
to
size.
H
It's
just
that
one
side,
the
west
side,
that
the
depth
is
not
the
required
depth
of
a
hundred
feet
and
the
variance
will
not
diminish
property
property
values
in
the
surrounding
area.
This
house
will
be
of
the
same
and
similar
quality
as
the
other
new
houses
in
the
area
in
the
Bayshore
Heights
area
immediately
to
the
south
of
this
site.
H
So,
as
I
I
think
I've
presented
the
site
meets
all
the
criteria
of
your
code,
for
variance
all
five
criteria,
and
also
your
staff
is
recommending
approval
because
they
recognize
that
it
meets
the
criteria
as
well.
I'd
like
to
stop
there
and
I'd
be
happy
to
answer
any
questions.
I
think
it's
this
kind
of
a
one
of
those
cases
where
you
you
know
you
look
at
the
lot
as
it's
platted
and
you
go
wow
I
see
the
problem
and
they've
tried
to
position
the
house
as
best
they
can
on
the
property.
H
They
did
a
couple
different
run
throughs
with
the
contractor
to
see
if
there's
any
way
to
get
there
and
there
just
isn't
so
for
the
eastern
portion
of
the
property.
We
meet
this
up
back,
so
we
don't
need
this
variance,
but
it's
that
one
section
on
the
west
side
where
we
do
need
some
help.
It's
a
total
of
a
five
foot
setback
two
feet
on
the
north
three
feet
on
the
south:
I,
don't
think
it
would
be
recognizable
to
property
owners
as
they
drive
by
to
they
say.
H
F
H
35
again,
it's
not
the
the
west
side
of
the
property.
I
mean
Caesar.
The
east
side
is
not
the
problem.
You
can
say
we
have
plenty
of
yeah,
but
you
know
that
the
problem
is
it's
just
once
you
get
the
two
25
foot
setbacks
of
50
feet.
The
house
is
45
feet
long
as
an
hour
at
90
feet
and
on
that
western
edge,
no
matter
how
you
cut
it,
we
don't
have
90
feet
in
depth
from
north
to
south.
H
C
H
The
city
required
they
originally
were:
gonna
have
the
driveway
on
the
north
side
and
and
then
they
have
the
house
face
to
the
west,
where
the
driveway
is
today
right,
and
that
was
what
the
city
said.
No,
that
the
driveway
on
the
north
side
would
be
too
close
to
what
they
call
the
corner.
It's
not
really
a
corner,
but
there's
a
curve
in
the
road
there.
They
said
it
would
be
too
close
to
that
and
probably
to
the
corner
at
Bayshore
and
West
Bay
Shore,
which.
C
C
H
H
Ma'am
and
the
same
thing
on
the
on
the
south
side
and
the
rear
the
same
issue,
it's
it's
the
corner
edge.
That
again
doesn't
mean
it
as
you
go
further
east
at
some
point.
It
will
meet
it,
but
you
know
the
listings
better
than
I
do
I'm
sure.
If
there's
any
part
of
the
house
that
doesn't
meet
the
setback,
it
creates
the
need
to
come
before
this
board
correct.
Thank
you.
A
F
H
That
I
can
talk
about
a
couple
part
different
there
different
areas
to
the
east
along
old
Bayshore
Drive,
which
I
would
call
it.
Those
are
older
homes.
They
tend
to
be
similar
size.
There
are
one
hundred
and
one
hundred
a
depending
on
exactly
where
you
are
on
Bayshore,
going
on
from
this
site
south
into
Bayshore
Heights.
H
That
entire
subdivision
is
our
one
hundred
a
same
zoning
district
as
our
property
is
similar
size,
Lots,
similar
quality
of
homes,
as
you
will
see
those
new
homes
in
this
new
home,
there
is
one
new
home
under
construction
immediately
east
of
my
clients,
property
that
would
be
right
at
the
corner
of
Bayshore
and
West
Bay
Shore
I'm
again,
a
similar
size
lot,
similar
quality
of
homes.
So,
yes,
we
believe
that
the
house
will
fit
in
quite
well.
This
is
our
first
home.
H
They
obviously
have
a
vested
interest
in
making
it
a
great
home
and
a
wonderful
home,
and
they
spent
a
lot
of
time
figuring
out
a
design
that
that
would
fit
with
with
their
lifestyle
and
specifically
that
the
garage
on
the
side
was
really
important
to
them,
as
they
were
going
through
their
design
process.
With
the
contractor.
F
H
One
is
under
construction:
there's
a
house
under
construction,
it's
owned
by
mrs.
Weiner,
who
I
don't
believe
is
here
tonight:
Lots
2,
&
3
are
owned
by
the
same
owner.
There's
one
house
on
Lots,
2,
&,
3,
that's
to
the
east
southeast
of
this
property
lot.
Five
is
still
vacant
and
has
not
been
sold.
A
lot
for
has
been
sold
to
a
property
owner
lot.
Four
is
actually
the
largest
it's
about
ten
thousand
square
feet
lot.
Five
is
ninety
five
hundred
square
feet
lot.
Six.
The
subject
for
tonight
is
ninety
five
hundred
square
feet.
H
It's
knocked
a
lot
size,
that's
the
issue
because
the
seven
thousand
square
foot
lot.
So
it's
allowed.
You
know
minimum
in
in
the
or
100
a
that's,
not
the
issue
of
the
size
at
all.
It's
the
depth,
but
purely
on
that
western
edge.
For
that.
For
that
one
section,
that's
the
problem
is
the
depth
of
the
property.
Did.
F
H
H
That
excuse
me
the
cars
coming
up
from
the
south
from
the
Bayshore
Heights
neighborhood
and
then
turning
East
they're,
going
to
be
the
closest
to
it
anyway
and
there's
there's
no
other
lane
to
the
east
of
them.
So
there's
no
conflict
there
so
I,
like
I,
said
the
city
staff
reviewed
it.
It's
been
through
the
building
review
process
and
it's
really
pending
this
decision
tonight.
What
for
permitting?
If
that
mean
that's
how
close
they
are,
the
Lots
been
cleared.
You
know
they're
ready
to
go
depending
on
your
decision
tonight.
I
Those
are
my
Lots
and
my
daughter's
and
when
the
young
couple
came
and
wanted
to
purchase
a
lot,
I
told
him.
I
wasn't
gonna,
sell
him.
Cuz
I,
like
the
woods
around
me
and
my
daughter
who
lives
in
the
middle
east
I
called
her
and
I
told
her.
It's
just.
Oh
definitely
sell
it
to
Tommy.
She
said
definitely
because
you're
getting
old,
mother
and
he'll
take
care
of
you.
J
I
I
It's
all
wooded
it's
in
my
backyard
and
I
hope
that
you
can
grant
it
so
he
can
build
his
house.
Good
people
and
I
need
him.
There
too,
but
they've
been
very
cautious
when
they
clean
the
lot
and
the
lady
who's
building
behind
them
also
she's
ill
tonight,
and
she
call-
and
she
says,
I
need
to
tell
them.
I
have
no
problem
with
what
they
need.
She
says:
it'll
be
good
to
have
strong
young
men
there
behind
us
because
of
our
age.
I
said.
I
Thank
you
so
I
hope
you
could
say,
because
in
the
past
and
when
we
did
the
rezoning
in
the
70s
I
didn't
include
my
property.
There
I
know
in
the
60s
I
told
the
city
I
just
wanted
to
leave
it
as
it
was
because
back
then
you
didn't
have
to
get
variances.
He
could
do
it.
So
that's
what's
happened
as
time
goes
on,
but
it's
not
going
to
bother
my
property.
It's
not
gonna.
I
Bother
my
neighbor's
property
and
we
would
be
happy
to
have
him
here
and
I
hope
you
can
see
to
allow
them
to
have
it
and
as
far
as
the
curve
is
concerned,
there's
plenty
of
you
as
you
turn
that
curve,
because
it's
such
a
long
long
curve
and
when
they
did
the
planning
for
the
development
there.
They
wanted
that
lot.
The
development
and
I
said
no.
They
said
because
it's
a
beautiful
lot
and
it
will
not
cause
any
trouble
and
they
did
design
the
road.
So
they
would
have
plenty
of
vision
there
as
they
can.
A
A
A
A
K
A
F
G
Yes,
this
application
is
James
bird,
hold
variance
to
reduce
the
minimum
rear
yard
setback.
The
request
is
to
reduce
the
rear
yard
setback
from
20
feet
to
17
feet
three
foot
barriers
for
the
addition
of
a
covered
deck
of
approximately
16
by
16
feet
along
the
rear
of
an
existing
single-family
residence.
The
property
is
located
at
508,
White
Oak
Drive,
the
property
is
zoned
r70
a
required
rear
setback
is
20
feet.
As
indicated,
the
applicant
is
requesting
a
rear
setback
of
17
feet.
G
The
need
for
the
variance
is
primarily
due
to
the
irregular
shape
of
the
lot
it's
narrower
at
the
front
end
and
it
widens
towards
the
rear.
The
shape
of
that
lot
forces
the
buildable
area
of
the
house
towards
Klosterman
Road,
reducing
the
rear
yard
area
of
the
lot,
so
that
is
primarily
based
on
our
finding.
That's
the
primary
reason
for
the
needed
variance.
G
We've
reviewed
this
application
for
all
of
the
variance
criteria.
We
would
note
those
are
in
the
packet,
but
we
would
note
again.
This
lot
was
created
in
1978
prior
to
the
purchase
of
a
lot
by
the
current
owner
and
therefore
it's
not
a
self-created
hardship,
and
it's
not
due
to
any
action
by
the
applicant
based
on
our
findings.
Staff
is
recommending
approval
of
the
variance
with
the
condition
that
the
variance
shall
expire
two
years
from
the
date
of
approval
and
I,
think
I'd
answer
any
of
your
questions.
A
G
C
E
C
E
G
A
G
G
G
F
L
C
I
think
chairman
and
I
were
kind
of
on
this,
the
same
line
looking
at
the
the
older
and
I
print
in
color.
So
it's
just
for
a
point
of
clarification.
This
pie
shaped
piece
here
that
is
shaded
in
red.
This
is
the
area
that
would
be
out
of
the
that
extends
beyond
what
the
current
setback
requires.
So
it's
is
it
3
feet
narrowing
down
to.
E
L
A
K
L
K
Yes,
discussion
I
had
stopped
by
the
office
and
let
them
know
there
was
one
thing
that
I
let
them
know.
On
page
three,
it's
noted
on
our
minutes
that
mr.
hora
Bosque
said
yes
and
he
was
not
there.
I
was
sitting
in
on
his
space,
so
it
should
be
Ms,
rich
and
then
I
did
have
one
question
on
number
four
page
four.
K
Under
this
we're
dealing
with
the
100
Shore
Drive
and
under
the
staff,
where
it
reads
subject
to
the
following
condition
at
the
end
of
that
paragraph,
I
believe
and
I
just
I'm,
not
sure
if
it
needs
to
go
in
the
minutes,
but
the
the
main
condition
that
was
added
to
this
one
was
to
make
sure
that
the
same
design
was
as
submitted,
and
we
had
mr.
George
Chairman
George
wanted
to
make
sure
that
was
there.
I
K
A
D
K
D
A
A
K
B
E
A
A
K
F
B
A
J
Have
a
question
I'm
happy
to
be
serving
with
you
guys
and
look
forward
to
learning
a
lot
the
packets
that
come
out.
We
received
them
by
email
with
pretty
much
everything
that
was
waiting
for
us
here
again
tonight.
Are
there
gonna
be
duplicate
packets
for
what's
emailed
to
us
and
then
at
the
meeting,
another
packets,
okay
and
then
I
always.