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From YouTube: Board of Adjustment July 26, 2017
Description
Description
B
A
D
E
D
A
A
D
Thank
you,
let's
just
I'll,
be
reminded
to
please
turn
off
our
cell
phones.
If
we
could,
when
you
come
to
the
podium,
please
give
your
name
and
address.
If
you
would,
we
have
two
items
on
the
agenda
which
we'll
get
to
in
a
second,
but
first
of
all,
we've
got
the
approval
of
our
minutes
of
June
28th.
To
hear
motion
motion
to
approve
second
I.
D
H
D
D
That
yeah,
and
also
on
page
3
in
a
couple
of
places
there
is
a
reference
to
an
expert
witness
that
really
should
be
for
the
future
in
a
particular
field,
so
for
mr.
Willer
it
would
be
in
City
Planning
and
for
that
engineer
would
be
in
civil
engineering.
And
those
are
my
comments
there.
You
just
can't
be
an
expert
witness
in
general.
It's
got
to
be
for
a
particular
field.
F
B
D
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.
A
previously
previously
established
criteria
containing
the
Code
of
Ordinances.
In
order
to
make
a
legal.
F
Regarding
the
application
before
it,
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
a
code
of
ordinance,
then
the
board
is
required
by
law
defined
in
favor
of
the
applicant.
F
By
the
same
token,
if
the
competent,
substantial
and
relevant
evidence
of
the
hearing
demonstrates
that
the
applicant
has
failed
to
meet
the
criteria
established
in
the
code
of
ordinance,
then
the
board
is
required
by
a
lot
of
fine
against
the
applicants.
Are
there
any
members
of
the
board
wishing
to
disclose
any
ex
parte
communications
or
conflicts
of
interest
this
evening?
I
just.
F
There's
no
problem
with
that,
but
just
let
you
know
that
any
description
or
testimony
regarding
your
visit
should
not
be
considered
in
the
determination
of
the
application.
Are
there
any
members
of
the
public
or
any
applicants
wishing
to
speak
this
evening?
If
you
could
please
stand
and
raise
your
right
hand
to
be
sworn
in
all.
F
D
One
okay,
thank
you
very
much.
We
have
two
items
on
the
agenda.
One
is
a
rear
yard,
rear
yard
variance
over
near
Sunset
Beach.
A
second
is
on
19,
just
north
of
classman
Road
I
can
deviate
from
the
agenda.
If
anybody
has
any
emergencies,
children's
sick
or
anything
like
that
got
to
catch
a
plane.
No
seeing
none.
Okay,
let's
start
off
with
our
first
item,
then,
if
you
would
please
mr.
Willer.
C
Yes,
first
item
on
the
agenda
tonight
is
application
1768
lot,
46
Golf
Beach
Boulevard
for
the
Sanders.
The
application
is
to
authorize
a
variance
to
reduce
the
required
30-foot,
rear
yard
setback
to
23
feet,
2
inches
a
lot
construction
of
a
covered
roof
between
the
home
and
the
pool
on
a
non-conforming
lot
in
the
r100
zoning
districts.
I
would
like
to
tender
the
staff
report
into
the
record
and
with
that
basically,
what's
happened
on
this
particular
property.
C
Is
the
Sanders
came
before
this
board
previously
asking
for
a
variance
to
the
side
yard
setback
at
that
time,
their
pool
contractor
and
their
general
contractor
really
had
not
communicated
and
as
a
result
when
they
went
to
put
the
pool
and
the
roof
over
the
pool
there,
they
came
to
realize
that
there
was
a
need
for
a
variance
in
the
rear
of
the
yard.
So
that's.
C
B
C
It's
what
they
didn't,
communicate
and
understand
that
assault
that
the
actual
setback
was
taken
from
the
solid
roof
structure.
They
thought
it
was
from
the
outside
wall
of
the
home.
So
while
the
home
meets
the
rear
setback
that
solid
roof
structure
does
not
so
that
was
a
miscommunication
and
now
that
they're
already
in
construction
for
the
home,
it's
not
something
that
they're
going
to
be
able
to
readily
address.
So
that's
what
the
basis
for
this
variance
request
is
for.
C
It
would
have
been
different,
is
they
originally
had
caught
it
as
they
would
have
asked
for
both
parts
originally
when
they
came
in
for
the
variant,
so
it
would
have
been
a
multiple
part
variance
at
that
point
he
would
have
made
the
gist.
You
made
a
decision
on
the
the
whole
rather
than
doing
two
different
pieces.
That's
the
difference.
I'm.
C
Solid
room
structures
are
concerti
foot,
rear
setback.
That
is
the
requirement
of
your
land
development
code.
The
applicant
can
discuss
that
can
describe
the
issue
of
what
went
on
between
they're
they're
they're
contractors.
It's
not
something
that
the
city
was
in
viral
is
a
part
of
as
a
result,
we're
bringing
this
variance
forward
at
their
request
for
that
reduction.
Now
whether
there
was
a
dis,
dis,
current
thing,
I,
don't
know
the
specifics
of
how
their
contractor
made.
C
D
A
D
B
B
B
J
We
would
have
designed
the
house
differently,
I
mean
we
had
the
ability
to
change
it.
When,
when
we
asked
these
questions,
we
had
the
ability
to
change
it,
but
since
we
weren't
given
the
information
correctly,
we
couldn't,
but
now
that
we're
under
construction,
we
can't
change
it
very
difficult
to
change.
It,
see.
B
J
J
H
J
H
J
J
H
C
C
C
The
process
is
each
one
of
the
components
the
pool
is
a
separate
permit.
The
house
is
a
separate
permit,
the
screened-in
cage-
and
in
this
case
the
roof
add
to
it
all,
are
separate
permits.
Okay
during
the
permit
process
and
again
I,
don't
know
what
Lisa
from
what
kind
of
information
we
should
provide
it,
but
it
has
been
standard
practice
here
at
the
city
for
some
time
long
before
I
got
here
and
when
there's
a
solid
roof,
it's
considered
a
solid
structure
and
that's
where
the
setback
is
taken
from.
C
So
it's
not
considered
a
temporary
structure.
It's
not
considered
a
portable
structure.
It
is
considered
a
permanent
structure.
So,
as
a
result,
that's
where
the
setback
is
taken.
Now
that
what
happened
was
when
they
came
in
with
this
last
piece
of
the
puzzle,
essentially
for
the
screen
enclosure
with
the
roof
over,
then
it
was
caught
at
that
time
that
there
was
a
discrepancy
in
the
setback
now
again,
there's
the
reason
why
we
lease
is
no
longer
with
us.
That's
that's
part
of
the
problem.
C
There
there's
nothing
that
I
can
do
to
correct
misinformation
or
incorrect
information.
All
that
we
can
do
is
move
forward
with
that,
but
that's
when
it
was
caught
was
when
the
firm
it
can
in
for
that
last
piece
of
the
puzzle
and
again
they're
in
construction
at
this
point,
so
them
trying
to
modify
all
of
this
is
going
to
be
very
difficult
and
come
out
with
you
know
what
they
want.
So
at
this
particular
time.
That's
the
basis
for
the
circle
at.
B
C
Not
after
the
house
was
permitted
and
you'd
granted
your
variance
because
your
the
house
meets
the
variance
at
this
point.
Yet
this
is
an
addition
to
you
know
what
the
house
was
there
and
again
I
didn't
look
at
the
pull
the
whole
permit,
but
would
give
you
guys
a
whole
previous
permit
package,
don't
be
giving
that
much
paper
out.
I,
don't
know
that
was
that
was
Lisa's
application.
C
So
I
don't
know
if
that
application
actually
had
a
floor
plan
that
showed
that
this
was
a
solid
roof
or
if
it
was
just
a
perimeter
plan
for
the
birdcage.
We
have
to
go
back
and
look
at
that
to
see
if
there
were
actually
was
shown
a
floor
plan.
We
don't
generally
require
floor
plans
to
know
what's
a
solid
structure
and
what's
not
a
solid
structure,
the
applicants
meant
to
show
us
that
that
did
not
come
in
that's
coming
as
part
of
you're
getting
that,
because
that's
part
of
the
permit
package
doctor.
D
F
F
Wanted
to
make
sure
that
you
know
we're
not
getting
confuse
that
just
because
there
was
a
mistake
on
the
permitting
for
or
maybe
may
have
been,
a
mistake
or
misinformation
on
the
permitting
with
respects
to
the
home
and
what
was
discussed
with
the
roof.
Being
the
line
does
not
necessarily
mean
that
that
will
change
or
impact
this
application.
Well,.
D
B
A
You
look
at
the
findings
of
fact
number
three.
The
conditions
and
special
circumstances
have
not
been
self
created
or
have
resulted
from
an
act
by
the
applicant
so
either
you
believe
he's
lying
to
you
or
he's
telling
you
the
truth.
I
tend
to
believe
he's
telling
the
truth,
so
it
did
not
happen
from
his
his
action.
So
to
me,
it
seems
like
approval
is
appropriate
in
this
case,
but
I
mean
I
unless
you've
got
something.
F
F
D
F
That's
not
that's
not
before
the
board
for
this
consideration,
you're
just
to
rely
on
the
criteria.
That's
before
you
and
the
equitable
estoppel
would
be
a
different,
a
different
legal
analysis
for
a
different
board
or
not
even
a
board.
That's
this!
That's
has
nothing
to
do
with
no
determination
on
this
application.
Thank.
E
E
K
Know
Oliver
Gerson
I'm
with
all
state
homes
and
originally
when
I
came
in
I,
don't
actually
do
the
permitting
I'm
actually
in
sales,
but
I
came
in
and
I
met
with
Lisa
because
we
knew
about
the
variances
I
wanted
to
put
everything
together
all
at
one
time,
so
we
told
her,
we
got
the
side,
setbacks
and
I
asked
her
if,
as
I
know,
the
trust
work,
how
the
stresses
cannot
be
in
the
setbacks,
so
I
said
well
what
about
a
screen
and
closure
for
the
pool?
That's
a
non-issue,
because
it's
not
a
permanent
structure.
K
H
K
C
H
K
H
K
I
did
mention
to
her
about
the
what
they
plan
to
do
as
far
as
I'm
putting
in
the
screen,
enclosure
and
the
roof,
and
she
told
me
it
was
not
an
issue
it
just
you
know,
move
forward,
submit
the
permit
will
make
sure
everything,
because
there
was
a
whole
huge
issue
with
a
permit
trying
to
get
that
variance.
This.
C
L
All
right,
when
we,
if
you
look
at
the
pool
codes
pool
codes,
gives
you
the
setbacks
and
footers
and
screens
are
five
feet
in
the
back.
You
are
the
only
County
in
a
multitude
of
areas
that
we
do
or
they
count
the
elite
roof
as
part
of
the
house,
so
that
confusion
also
comes
into
play
for
us.
Not
your
fault,
not
quite
our
fault,
but
you
are
the
only
ones
in
the
area
that.
L
This
as
being
a
designation
anywhere
else
that
we
do
it,
we
just
put
them
up-
I,
went
back
even
into
tarpon
springs,
trying
to
find
out
elite
roofs
that
I
put
up
over
the
years.
You
don't
do
a
lot
of
them,
so
it's
not
like
you,
you
do
it
on
a
monthly
basis
about
three
years
ago,
I
did
want
to
point
SETI,
Avenue
and
tarpon
springs,
so
I
got
really
excited
trying
to
find
that
paperwork,
hoping
that
I
could
find
a
good
result
that
roof
was
31
feet
back
from
the
property
line.
L
So
nobody
said
anything
to
me.
Okay,
right
now,
Safety
Harbor
had
one
I
believe,
because
this
was
quite
a
few
years
ago
he
turned
down
the
elite
roof
because
again
saying
it
was
a
house
setback
and
I
said,
but
you
allow
the
screen
to
go
five
feet
and
goes.
Oh,
you
have
a
screen
enclosure
too.
So
then
he
let
it
all
go
through.
L
So
if
you
look
at
the
visual
even
on
the
side
for
your
screen
enclosure,
if
you
have
a
screen
enclosure,
even
just
going
from
the
house
to
the
back,
you
get
all
this
metal
and
framing
all
the
way
to
the
backside
anyway,
that
elite
roof
is
just
in
it
and
it's
just
a
bar.
That's
going
across
that's
part
of
the
structure
of
the
screen
enclosure.
So
it's
not
like
it's
a
I
understand
the
idea
of
a
hard
roof.
We
are
getting
a
five
thousand-pound
test
on
a
post
with
a
bigfooter
I.
L
L
L
Pick
up
the
whole
roof.
Obviously
it's
it
passes
wind
code,
but
that
roof
is
going
there
and
then
it
just
goes.
I
got
just
so
it's
not
like
it's
a
month,
part
of
the
roof
shingle
and
and
with
heavy
tests
to
the
footer.
It's
a
very
light.
Footer,
it's
a
it
goes
on
to
the
screen
footer,
which
is
only
an
8
by
8
footer,
with
a
steel
lining
through
it.
It's
not
like
a
house
footer
whatsoever.
Thank.
D
H
D
B
B
4
in
the
criteria,
as
my
mr.
barofsky
had
brought
up
about
3,
it
says
granting
the
variance
will
not
confer
any
special
privilege,
and
that
is
not
allowed
for
other
land
buildings
or
structures.
In
the
same
zoning
district,
no
variance
will
be
granted
that
extends
to
the
applicant,
a
use
of
property
that
is
not
commonly
enjoyed
by
other
persons
in
similar
circumstances.
So
there.
If
we
approve
this,
we
would
be
giving
you
a
special
privilege,
yeah.
L
It
would
be
a
special
privilege,
but
to
even
go
back
to
Gulfstream
pools,
Tim
tenant
who's.
The
owners
been
doing
pools
in
this
area
for
30
years.
Bruce
green
who's
been
doing
pools
here
for
23
years.
No
one
has
ever
heard
of
this
ruling
in
Turpin
Springs.
So
if
you
take
all
the
roots
that
we've
done
here,
I
bet
you
can
count
them
on
no
more
than
two
hands
in
30
years
and
nobody's
hit
this
as
a
variance.
L
L
I'm
just
telling
you
what
I
feel
and
what
I
think
and
I
don't
think
you're
going
to
have
very
many
people
up
here
over
the
course
of
time.
That's
the
first
time
I've
ever
had
to
come
up
here
in
15
years
to
discuss
in
a
li
group
and
Tim
10
has
been
out
here
for
30
years
and
never
spent
the
Tarpon
Springs
for
this.
So
it's
a
very,
very
small
item
that
comes
up.
It's
not
a
common
one
anywhere.
D
E
D
Motion
is
carried
so
you're.
All
ready,
don't
need
to
worry
about
getting
a
permit.
You
already
got
your
permit
all
righty.
Thank
you
very
much.
The
next
item
is
parking
variance
on
us.
19,000
85
feet
north
of
klostermann
and
US
highway.
19
set
right
north,
yes,
Nora
application,
17
65
mr.
Willer,
please
thank.
C
You
this
application
I'd
like
actually
like
the
tender
Rider.
My
report
in
as
evidence
in
the
record.
This
application
is
basically
to
authorize
a
parking
reduction
on
the
required
number
of
parking
spaces
from
the
required
57
for
a
mini
warehouse,
mini
storage
facility
238
parking
spaces.
The
applicant
is
looking
to
develop
a
property
that
is
just
adjacent
to
the
Mexican
restaurant
there's
a
piece
of
property
that
has
had
like
a
parking
area
for
a
while
and
it's
been
vacant.
C
It's
got
some
wetland
issues
so,
as
a
result,
the
uplands
are
somewhat
limited
on
the
on
the
total
acreage
of
the
site.
So,
as
a
result,
the
applicant
is
trying
to
consolidate
and
cluster
in
or
intensify
their
development
on
those
upland
properties,
as
as
they
do
that
there
they
were
heading
up
on
a
parking
threshold
based
on
their
industry
standard,
which
is
somewhat
different
from
your
parking
requirements.
They
had
come
to
us
requesting
some
type
of
waiver.
C
B
C
On
criteria
three,
it
says
the
enforcement
cease
parking
serious
would
require
a
significant
amount
of
area
within
the
available
upland
areas
to
be
used
as
parking
utilizing.
A
parking
ratio
closer
to
the
industry
average
allows
the
applicant
to
construct
a
facility
that
is
more
economically
to
compete
and
similar.
What
it's
basically
saying
is
that
our
parking
regulations
are
different
than
what
the
industry
standard
is,
and
we
have
no
way
of
administrative
Lea,
proving
other
codes
and
other
communities
have
the
opportunity
to
parking
studies
which
allow
the
industry
to
address
those
types
of
issues.
C
E
C
C
So
that's
one
of
those
things
as
far
as
they're
loading
they'll
need
to
show
at
the
time
that
we
do
the
full
site
planning
for
the
planning
and
zoning
board
that
they
can
meet
all
the
turning
radiuses
that
they
need
for
the
types
of
vehicles
that
they
expect
to
be
on
that
property,
whether
there's
60
foot,
long
trucks
or
whether
they're
26
foot
long
trucks.
Whatever
that
that
they're
on
site
is
to
me
any.
E
C
So
once
again,
this
is
a
preliminary
application
and
preliminary
site
plan.
Those
issues
where
we
deal
with
the
final
site
locations
as
far
as
turning
radiuses
and
those
types
of
things
for
trucks
and
for
loading,
which
is
not
part
of
this
request,
are
something
that
are
handed
during
the
planning
and
zoning
phase
of
this
for
the
planning
and
zoning
board
on
the
type
and
the
technical
review
team.
So.
I
C
E
C
Are
requesting
the
number
of
spaces?
They
are
not
asking
you
to
approve
their
design.
You
are
not
approving
their
design.
Today,
you
are
approving
the
number
of
spaces
they
provided
you
a
preliminary
design
that
shows
those
spaces
in
the
location
that
they
feel
that
they're
probably
going
to
be.
But
this
is
not
a
final
final
site
plan.
I,
don't.
A
C
B
D
I
Good
evening,
everyone,
my
name,
is
Nitesh
sopra
and
I'm
the
applicant,
I'm
also
the
developer
of
this
this
project,
so
my
company
I
mean
just
some
background
and
some
contacts
were
a
family
business
based
in
Atlanta.
I
live
in
Tampa
Florida
right
now,
and
we've
done
about
20
of
these
facilities
across
the
southeast
and
predominantly
kind
of
high
density
urban
environments.
I
I've
have
some
renderings
of
kind
of
the
quality
of
our
work.
Its
these
are
higher-end
facilities,
the
renderings
I'm
passing
around
or
two
that
are
in
the
city
of
Tampa
ones.
That
recently
we
completed
the
second
ones
under
construction
and
then
there's
a
facility
in
downtown
Durham,
North,
Carolina,
and
also
one
in
Charleston
that
I'm
passing
around.
But
you
know
on
average.
This
is
something
that's
very
common.
When
we
go
from
you
know,
city
the
city,
you
know
the
parking
requirements
haven't
been
updated
to
reflect
kind
of
the
modern
design
of
these
storage
facilities.
I
We
had
to
pursue
a
similar
variance
in
the
city
of
Tampa
and
those
facilities
that
you're
looking
at
there
they're
much
higher
in
density
than
what
we're
designing
here
and
on
average
we.
You
know
it's
10
to
15
spaces
is
what
we
program
for
these.
These
projects
are
average
visits
per
day
or
around
10
to
15,
depending
on
you
know,
Saturday's
tend
to
be
busier
than
the
weekdays,
so
you
know
it's
just
the
requirement
here
for
from
a
parking
standpoint.
I
think
it's
50
plus
was
it
was
what
code
says
it's
just.
I
It's
just
is
way
more
than
that
then
functionally
needed
we've
in
the
package
that
we've
submitted.
We've
referenced,
some
other
municipalities,
Hillsborough
County,
for
example.
Their
requirement
is
one
space
400
units
which
is
much
more
in
line
with
kind
of
how
many
is
actually
needed,
but
but
but
to
the
gentleman's
comment
earlier
about
turning
radius
is
something
that
we
will
definitely,
you
know
are
working
we've
already
kind
of
factored
it
into
our
site
plan.
I
I
Facility
will
not
the
jet
the
ones
you're
looking
at
typically
do
you
have
elevators,
but
all
of
our
units
are
going
to
be
accessed
on
on
grade
with
our
current
design.
Here,
let
me
just
confirm
that
I'm,
sorry
I'm,
sorry,
so,
the
with
this
current
design.
We
have
a
two
storey
building
at
the
front,
so
I
apologize.
We
will
have
one
elevator
within
that
that
front
building,
but
yeah.
I
F
I
A
I
And
just
aesthetically
I
mean
I,
know,
I,
don't
know
this
is
probably
off
the
cuff,
but
you
know
when
I
we
want
to
do
something.
That's
very
aesthetically
pleasing
and
you
know,
having
a
sea
of
parking.
That's
unused
is
just
like
how
now
I
wouldn't
feel
right
as
a
developer.
Building
that
you
know
so,
I.
F
B
B
A
D
D
C
That
that
would
be
up
to
you,
I
mean
we
would
prefer
to
do
it
in
the
afternoon
if
you
want,
if
it's
all
possible
for
folks
to
come.
But
if
you
want
an
evening
meeting
we
can
do,
we
can
do
that.
It
will
not
be
in
this
room.
More
than
likely,
it
will
be
upstairs
in
the
the
second
floor
conference,
room.
D
H
D
A
D
D
F
F
A
C
Correct
it'll,
be
the
upstairs
on
conference
room
after
I.
Get
everything
scheduled
tomorrow,
make
sure
that
the
room
is
available
and
that
type
of
thing
we'll
send
out
a
meeting
reminder
if
you
guys
to
put
on
your
calendars
and
then
we'll
produce
the
agenda
and
any
materials
that
you
individually
want
to
include
on
that.
If
you
get
them
to
us,
we'll
put
a
packet
together
for
you
like
we
normally
do.
If
I
don't
get
materials,
then
we
won't
be
putting
anything
together
and.