►
From YouTube: Board of Adjustment March 27, 2019
Description
Description
A
Artificially
you
can
see,
we
have
a
quartet
here.
Normally
we
have
a
quintet
and
we've
making
calls
to
a
regular
member
and
our
two
alternates
to
see
if
they
are
able
to
make
it.
If
there
are
only
four
people
here,
you
have
the
right
to
postpone
your
hearing
until
you
have.
A
full
board
requires
a
vote
of
three
out
of
the
of
the
three
of
the
three
or
the
five
or
three
of
the
four
to
have
an
ordinary
of
variants
passed.
A
C
A
E
B
A
Okay,
as
I
mentioned
before,
is
now
we're
on
the
record.
We
have
four
members
here
and
the
vote
of
three
is
required
for
a
variance.
We
have
calls
into
the
three
members
who
are
not
here
original
our
official
number
and
two
alternates,
and
they
may
come
at
any
time
this
evening
or
but
you
have
the
right
if
you
feel
that
you'd
be
better
off
with
a
full
board,
you
let
somebody
know
either
on
my
left,
miss
Yost
er.
The
other
is
for
our
legal
counsel,
and
am
I
right
that
you
wish
to
postpone
your
hearing.
A
Application
19-15
tooks
Road
first
and
the
Seabreeze
Drive
after
that,
and
let
them
go
on
their
merry
way
or
maybe
I
spoke
too
soon
on
their
way.
Maybe
I
won't
be
so
merry.
We
don't
know,
maybe
a
premature
in
saying
that,
but
at
least
it'll
be
shorter
and
I've
been
through
many
times
in
this
audience,
where
you
have
to
wait
two
hours
for
a
five-minute
discussion,
so
we're
going
to
take
those
two
out
of
order,
tooks,
Road,
first
and
then
Seabreeze
Drive.
F
Is
a
quasi
judicial
proceeding
where
the
Board
of
Adjustment
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
at
a
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
facts
of
previously
established
criteria
contained
in
the
Code
of
Ordinances,
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
F
The
board
may
only
consider
evidence
at
this
hearing
that
the
law
considers
competent,
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.
F
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
and
the
board
is
required
by
law
to
find
against
the
applicant,
are
there
any
members
of
the
board
wishing
to
disclose
any
conflicts
of
into
interest
or
ex
parte
communications
this
evening?
Seeing
none
anyone
wishing
to
speak
this
evening?
If
you
could
please
stand
and
raise
your
right
hand
to
be
sworn.
F
A
Thank
you
next.
My
usual
comment:
please,
let's
silence
all
of
our
cell
phones
and
other
gadgets,
please,
when
you
get
to
this
podium,
please
state
the
your
name
and
your
address
and
you
will
proceed.
Does
anybody
first
of
all
wish
to
have
a
postponement
of
their
hearing
because
of
the
four
members
of
the
board?
Yes,
ma'am.
G
Good
evening
I'm
Cindy
Terry
panty
I
represent
the
property
owners
on
item
number
one
we
are
willing
to.
Obviously
you
gonna
take
the
other
two
cases.
First,
we're
happy
to
wait,
and
perhaps
the
fifth
member
would
come
before
our
case
is
heard.
If
that
person
doesn't
come,
we
would
like
to
continue
the
case
to
the
next
month,
but
we
will
stay
on
hold
as
you
to
review
the
first
two
cases.
Thank
you.
A
And
my
comment
about
taking
things
out
of
order
is
by
no
means
to
be
a
reflection
on
the
merits
of
anybody's
case.
It's
just
in
our
experience.
Some
will
take
place
quicker
and
those
are
the
ones
that
have
staff
recommendations
for
approval
and
those
are
the
first
two
tonight.
First,
one
being
1173
tooks
Road
benefit
of
our
vast
television
audience.
That's
the
street
that
bisects
Anderson
Park.
So,
let's
begin
with
our
staff
recommendation,
please.
H
This
is
a
request
for
a
variance
to
reduce
the
required
front
yard
setback
in
order
to
allow
for
a
shed.
This
is
at
eleven
seventy
three
tooks
Road
in
the
single-family
residential,
our
seventy
district
residential
urban
land
use
and
this
applicant
is
requesting
a
front
yard
setback
from
the
required
twenty
five
feet.
To
fourteen
point.
Point
forty
seven
feet
to
accommodate
an
existing
shed.
That's
about
75
square
feet
in
area
located
within
the
front
yard
setback.
H
A
lot
is
not
technically
it
is
actually
technically
conforming,
but,
as
you
can
see
by
the
survey
that
the
applicant
has
provided,
that
shows
the
shed
the
total
lot
with
meets
the
our
seventy
district.
But
the
lot
is
that
the
end
of
tux
road
and
the
frontage
jobs
around
to
the
end
of
tux
Road,
so
the
kind
of
the
functional
furnitures
about
fifty
feet
just
hit
the
highlights
of
the
review
criteria.
H
H
There
is
a
15-foot
water
setback
required
around
the
lot,
so
there
is
limited
area
for
where
the
applicant
could
put
the
shed.
So
the
need
for
the
variance
arises
from
the
odd
shape
and
severe
physical
limitations
of
the
property,
and
the
applicant
must
maintain
that
fifty
fifteen,
what
set
back
from
the
water
the
shed
is
located
on
the
east
corner
of
the
property
under
the
existing
trees
and
with
the
required
shoreline
setback.
H
H
Littoral
enforcement
of
the
standards
would
limit
the
development
on
the
property.
Again,
there
aren't
many
options
for
placement
of
the
shed
it's
technically
in
the
front
yard,
but
really
functionally
it's
kind
of
it's
not
in
front
of
the
house
or
on
the
driveway.
It's
over
to
the
side,
more
of
a
functional
side,
yard
area.
It's
a
small
shed
reasonable,
accessory
used
for
this
structure.
It's
only
about
75
square
feet
and
granting
the
variance
will
not
confer
a
special
privilege
on
this
owner,
since
single-family
residential
districts
normally
allow
sheds
and
have
its
existing
training.
H
H
I
have
added
one
item
for
you,
which
is
section
215,
o
2f
of
your
criteria.
That
allows
you
to
look
at
singing
circumstances.
Work
can
be
demonstrated
that
the
owner
of
a
previous
previous
property
owner
I
guess
took
an
action
that
that
the
current
owner
was
not
aware
of,
did
not
cause
and
could
not
reasonably
have
discover.
H
I
went
ahead
and
put
that
on
this
item.
Under
that
the
shed
is
shown
on
to
survey.
The
survey
was
done
before
the
current
owner
purchased
the
property.
This
became
the
subject
of
a
code
enforcement
case.
That's
how
it
came
up.
A
permit
could
not
be
located,
so
it
was
not
a
situation
where
the
current
owner
willfully
placed
or
built
something
without
a
permit.
H
H
If
this
variance
is
granted,
the
owner
will
need
to
pull
an
after-the-fact
building
permit,
the
shed
will
have
to
comply
with
the
building
code
in
order
to
close
his
code
enforcement
case,
this
application
was
properly
noticed.
We
didn't
receive
any
responses
to
the
notice
and
staff
is
recommending
approval
of
a
variance
for
relief
from
the
minimum
front
yard
setbacks
to
allow
this
shed
to
remain
in
place.
H
A
I
H
Okay,
this
this
some
area
of
tooks
road,
it's
it's
made
up
of
for
lack
of
a
better
term
acreage.
It's
not
a
recorded
plant,
it's
not
an
unrecorded
plant.
This
is
divided
up
land
that
probably
with
all
individual
legal
descriptions,
the
solid
line,
that's
obviously
the
property
that
the
applicant
owns.
H
H
B
A
A
H
This
is
a
non-conforming
lot
in
the
r100
district.
This
this
plant,
you're
familiar
with
this
area,
was
plaited
in
the
1950s.
This
house
was
built
in
1972,
so
the
width
of
the
lot
is
non-conforming
it
about
70
feet
and
I
can
just
hit
the
highlights
of
the
review
criteria
and
then,
if
you
have
any
questions
we
can
go
through,
that
was
basically
the
conditions
and
special
circumstances
associated
with
the
variance,
namely
the
non-conforming
lot
width
were
not
self
created
or
resulted
from
an
action
by
the
applicant.
H
The
strict
application
of
the
dimensional
standards
would
limit
the
ability
to
do
the
addition
announced
and
the
addition
would
not
increase
the
nonconformity
but
would
actually
decrease
the
nonconformity
under
property.
Granting
other
variants
will
not
adversely
affect
surrounding
properties
or
diminished
property
values
and
will,
in
fact,
have
potentially
improved
effect
on
the
adjacent
owner
to
the
east.
H
A
J
Comment
and
16:18,
Seabreeze
and
I
also
will
just
yield
to
the
staff
that
did
the
homework,
but
I
wasn't
able
to
do
so.
I
really
I
think
you,
as
a
committee
for
serving
for
our
city
and
I,
want
to
tell
you
that
the
staff
really
was
gracious
and
helping
me
walk
through
the
process
of
what
I
needed
to
bring
in
and
and
not
bring
in
so
I
appreciate
it.
That's
all.
Thank
you.
Thank.
A
A
A
H
H
H
F
For
example,
say
and
I
do
not
wish
this
upon
you
but
say
a
storm
comes
and
completely
demolishes
that
house
whatever
is
built.
There
must
be
built
to
the
current
code,
since
this
was
built
prior
to
the
code.
It's
a
legal
non-conforming
structure,
removing
the
lanai
and
putting
on
an
addition
is
basically
a
new
build
and
it
must
comply
with
the
code.
This
is
reduction
in
the
nonconformity,
but
it
still
doesn't
comply
with
the
current
code.
So.
D
F
F
According
to
the
staff,
this
home
was
built
prior
to
the
code
being
in
the
prior
to
the
code
being
enforced,
that
there
were
no
setback
requirements
at
that
time
that
are
presently
in
your
code,
though
it
was
a
legal
non-conforming
use
because
it
was
built
prior
to
this
land
development
code
in
these
setback,
the
incoming
law,
so
they
didn't
have
to
get
a
variance.
They
were
grandfather,
didn't
use
the
Chairman's
term.
A
F
A
B
B
A
A
G
A
F
Yeah
I
actually
was
going
to
comment
on
that
that
there
isn't
anything
in
your
rules
that
will
that
allows
for
the
applicant
to
continue
because
there's
not
a
full
board.
However,
if
the
applicant
chooses
to
continue
and
the
board
approves
that,
obviously,
but
if
it
you
know
at
the
board
well,
you
can
certainly
do
and.
A
E
F
C
F
That
would
be
at
the
will,
the
board
we
would
go
through
this
thing
thing:
it's
not
otherwise
addressed
in
your
rules
of
procedure
and
it's
not
otherwise
addressed
in
the
code
from
a
legal
perspective.
There's
nothing
that
says
that
you
can't
do
it
if
it's
at
the
agreement
of
the
board
and
the
board
wishes
to
do
so.
F
My
only
problem
is
only
when
we,
we
ever
start
a
presentation
and
then
choose
in
the
middle
to
continue
it
and
start
it
back
up
on
another
meeting.
That's
usually
where
I
have
my
my
issues,
but
if
the
board
chooses
to
continue
this
to
the
next
meeting,
you
can
certainly
do
so
where
the
applicant
has
the
ability
to
is
rather
up
but.
G
Thank
You
mr.
chairman
Cindy
Tara
panty,
just
to
reassure
the
board.
It's
not
our
intent
to
continue
continue
continue
for
months
on
end,
the
applicants
have
a
pending
building
permit.
That
depends
on
the
outcome
of
this
variance,
so
it
just
seems
to
us
without
a
full
board,
without
even
an
alternate
here.
It's
in
our
opinion
that
we'd
like
to
continue
for
one
month
and
hopefully
we'll
have
four
and
hopefully
five
but
like
I,
said
it's
we're
not
playing
any
games.
G
A
And
one
thing
procedurally
I
did
on
my
own
I,
created
a
little
easel
over
there
I
think
if
we
could
have
a
large
picture
of
the
property
in
question
so
that
when
we're
talking
about-
and
we
could
point
to
something
so
that
we
all
would
know
rather
than
having
walking
up
and
down,
there's
no
closed-circuit
television.
That
could
solve
the
problem.
But
hopefully
we.
F
G
I,
thank
you.
Mr.
chairman
Cindy
Tara
pani
I
do
have
a
booklet
that
I
will
bring
back
to
the
April
meeting
so
that
each
of
you
will
have
specifically.
It
has
a
variety
of
things,
but
the
one
thing
I
think
you're
most
interested
in
mr.
chairman
is
the
site
plan,
and
then
so
we
can
discuss
from
that.
So
everybody.
G
F
A
A
A
C
B
C
A
A
C
F
It's
if
the
applicant
is
providing
evidence
or
if
an
affected
party
is
providing
evidence
at
the
hearing.
It
would
be
nice
if
they
would
bring
it
beforehand,
but
if
they
bring
it
during
the
meeting
its
to
be
considered
now,
we've
had
other
boards
during
a
quasi
judicial
proceeding
where
they've
absentia
lis
changed
the
package
that
they're
giving
in
it
very
quick.
At
that
point,
this
board.
F
F
The
specific
instance
I'm
thinking
of
they
changed
the
application,
what
they
were
actually
requesting.
They
expanded
the
scope
of
what
they're
requesting,
though,
and
then
they
backed
it
out
and
said.
Oh
no,
we're
only
gonna
request
these
certain
things,
but
then
they
presented
plans
that
had
a
plethora
of
different
changes
in
it.
So
that's
kind
of
what
that
was,
but.
B
B
H
C
Mine
was
the
one
case
last
year
that
we
had
the
gas
station
and
the
staff
added
a
couple
of
three
pages,
including
the
parking
spaces
increase,
and
all
that
that
really
raised
the
question
for
me,
why
will
the
staff
introduce
paperwork
afterwards
and
not
the
applicant
themselves?
That
was
the
staff.
F
C
F
As
a
party
as
well
obviously
they're
here
to
present
on
behalf
of
the
city
because
remember
this
board
is
not
while
you
a
resident,
you
are
not
the
city,
you
are
an
independent
board,
so
we
have
a
positive
judicial
proceeding
where
you
have
evidence
presented
by
staff
in
support
of
their
recommendation.
And
then
you
have
evidence
supported
by
the
applicant
and
support
of
their
application,
not
sitting
on
staff
but
yeah.
They
probably
should
have
it.