►
From YouTube: Board of Adjustment June 28, 2017
Description
BOA June 2017 Regular Meeting
C
D
C
C
G
C
H
C
I
B
B
G
B
J
B
B
A
This
is
a
quasi-judicial
proceeding
where
the
Board
of
Adjustment
acts
in
the
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
fact
to
previously
established
criteria
contained
in
the
Code
of
Ordinances,
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
A
The
board
may
only
consider
evidence
at
this
hearing
that
the
law
considers
competent,
substantial
and
relevant
to
the
issues.
If
the
confident,
substantial
and
relevant
evidence
at
the
here
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
law
to
find
against
the
applicant.
B
A
I
B
B
A
Far
as
procedure
is
concerned,
you
can
do
that
if
you
would
like,
but
again,
there's
not
five
variances
this
evening.
It's
1:1
variance
application,
so
understanding
there
are
separate
parts
to
it.
You
can
certainly
discuss
those
individually,
but
of
course
each
part
would
have
to
meet
all
the
criteria
board
and
not
meet
to
affirm
or
deny
thank.
B
K
Evening,
Katie
Cole
with
the
law
firm
of
Hill
Ward
Henderson
600
Cleveland
street
suite
800
Clearwater
Florida
representing
the
applicant,
while
your
attorney
advised
its
one
application
seeking
the
approval
of
the
collective
variances
I.
Think
if
the
board
has
an
issue
with
any
one
component
of
those
waiver
requests
or
variances
were
certainly
happy
to
have
a
discussion
with
respect
to
them
individually.
I
think
the
preference
would
be
to
look
at
them
holistically
as
the
concept
site
plan
was
provided
that
identifies
each
one
of
the
variances
necessary
from
the
special
area
plan.
A
I
Pursuant
to
section
four
point.
One
point
four
point:
seven
point:
one
of
the
special
area
plan
on
the
next
section:
the
code
requirements
are
the
actual
sections
of
code
within
the
special
area
plan
that
are
relevant
and
pertinent
to
the
application.
The
project
is
located
on
the
northwest
corner
of
Mears
Boulevard
and
alter
19,
and
the
zoning
is
a
transect
t5a,
which
is
the
zoning
district.
With
a
future
land-use
of
the
Community
Redevelopment
District,
a
transect
is
simply
a
zoning
district.
It's
a
different
type
of
way
of
breaking
up.
I
Zoning
based
on
a
different
type
of
coding
system,
called
the
form
based
code
or
smart
code.
It's
not
a
confusing
context.
I'm
going
to
be
confusing,
it's
meant
to
be
a
different
way
of
breaking
up
the
landscape
over
a
range
of
different
uses
based
on
going
from
a
rural
environment,
all
the
way
up
to
a
very
urban
environment.
So
that's
what
a
transect
is,
but
that
alleviates
any
confusion.
Any
of
the
members
might
have
on
the
difference
between
that.
I
It's
locate
on
the
corner
of
Mirrors
and
south
and
Ellis
Avenue
and
the
proposed
use
of
the
property
is
gas
station.
Slash
convenience
store
the
use
is
allowed
by
conditional
use
within
the
t5
transect
for
our
CRA
infill
code.
Essentially
that
means
that,
after
the
decision
of
this
particular
application,
the
applicant,
if
they're
successful,
will
go
on
to
a
further
public
hearing
process,
including
a
conditional
use
in
a
site
plan
at
that
time.
I
That's
when
the
use
will
need
to
be
proved
that
whether
it's
compatible
things
like
traffic
things
like
noise,
environmental
impacts,
those
are
the
type
of
things
that
we
deal
with
during
the
site
planning
process,
that's
the
purview
of
the
Planning
and
Zoning
Board,
and
that's
the
purview
of
the
Board
of
Commissioners.
So
those
decisions
and
those
items
are
the
things
will
be
taken
up
during
that
conditional
use
process.
I
This
is
the
southernmost
parcel
in
the
Community
Redevelopment
area
and
there
are
three
different
zoning
schemes
or
schemas
in
this
area.
You
have
your
general
land
development
code
schema
on
two
corners.
You
have
a
third
special
area
plan,
which
is
your
Mears
town
center
special
airplane,
which
differs
from
the
current
special
area.
Talking
we're
talking
about,
and
the
Sponge
Docks
RCRA
in
a
fill
code.
There
are
three
different
vastly
different
regulations
for
those
corners
of
Mears
and
Pinellas
Avenue.
I
As
a
result,
it
called
causes
a
little
bit
of
a
conflict
because
of
the
fact
that
you're
going
to
have
different
regulations,
depending
upon
which
corner
of
the
property
of
the
of
the
intersection
that
you're
in
the
applicant
is
requesting
our
leave
from
a
variety
of
sections,
with
a
special
airplane.
Looking
at
the
existing
and
planned
development
patterns
in
the
area
and
the
configuration
of
the
neighboring
properties
applicant
is
correct
that
a
strict
adherence
to
the
infill
code
may
not
be
feasible
given
of
the
proposed
use.
I
This
is
one
of
the
few
parcels
within
this
transect
that
remains
undeveloped.
As
a
result,
the
environmental
sensitivity,
the
the
roadway
60
situation,
where
you're
having
three
different
roadways
intersecting
on
this
property.
Is
you
very
unique
to
this
particular
property
since
it's
the
one
corner
property
in
this
transect,
a
matter
of
fact
right
across
the
street,
the
separate
transect?
So
you're
talking
about
the
one
property
it
remains
vacant?
That's
environment,
hasn't
in
some
environmental
conditions.
On
top
of
having
this
three,
these
three
physical
roadways
coming
together
and
a
congruence
of
issues.
I
Both
those
factors
are
unique
specifically
to
this
property
and
in
this
located
in
this
transect,
the
conditions
or
special
circumstances
peculiar
to
the
property
have
not
been
self
created
or
have
resulted
from
the
action
the
applicant
or
with
prior
knowledge
or
approval
of
the
applicant.
The
requested
variance
is
not
a
self
created
hardship.
The
conditions
are
the
results
of
the
physical
location
of
the
property
and
the
environmental
attributes
of
this
particular
property.
Littoral
enforcement
of
the
requirements
of
the
city's
carbon
springs.
I
Land
development
code
have
the
effect
of
denying
the
applicant
reasonable
use
of
the
property
or
legal,
conforming
buildings
or
other
structures,
and
the
requested
variances
the
minimum
variance
that
is
make
possibly
reasonable
use
of
the
property
for
this
particular
use.
This
is
a
minimal
variance
they're
asking
for
a
group
of
variances
in
an
attempt
to
address
not
only
the
environmental
sensitivity,
but
also
the
physical
constraints
of
those
three
additional
roadways
that
are
all
intersecting
at
the
perimeters
of
their
property.
I
What's
required
by
that
fold,
which
are
Maxim's
rather
than
minimums,
is
basically
the
result
of
wanting
to
move
those
gas
pumps
as
far
away
from
the
environmentally
sensitive
portions
of
this
property
up
onto
the
front
of
the
property.
By
doing
that,
the
the
by
moving
the
step
with
the
source
tanks
up
front,
you
need
to
move
the
gas
bonus
up
front
it
just
it
makes
logical
sense.
So,
as
a
result,
that's
the
reasoning
for
this
particular
that
particular
portion,
the
variance
the
building
placement
and
the
setbacks
are
specifically
derived
with
the
India.
I
I
There's
the
first
layer,
the
second
layer
in
the
third
layer
parking
is
generally
relegated
to
the
to
the
second
and
third
layer
on,
in
this
particular
case,
with
the
location
of
the
air
stations
and
a
couple
of
the
things
they've
had
to
actually
move
some
of
the
parking
up
front
into
that
first
layer
of
the
property,
and
again
they
have
a
first
layer
of
property.
It's
very
unique!
If
you
look
in
the
special
air
plan
for
how
property
is
actually
laid
out,
it
doesn't
even
contemplate
three
different
roadway.
Frontages
in
plum
plays
two.
I
The
intention
of
the
special
area
plan.
So,
while
the
parking
that
they
are
putting
in
the
first
layer
is
very
limited,
it
is.
There
is
a
reason
to
ask
for
variants
for
that,
because
our
code
does
not
support
that.
This
is
the
intention
of
using
the
third
in
the
second
and
third
layer
is
to
provide
parking
behind
the
rear
of
a
building
in
this
particular
use.
I
The
drive
aisles
are
a
little
bit
larger
and
we've
actually
asked
in
the
conditions
for
the
applicant
to
limit
those
drive
aisles
and
that
type
of
thing
to
address
some
of
the
additional
issues
that
we're
having
with
the
location
of
parking
and
the
sizing
of
some
of
the
structures
for
moving
in
and
out
and
around
around
the
circulating
around
the
property.
We
granting
the
variance
will
not
confer
special
deliveries
that
was
not
allowed
for
other
lands,
buildings
of
structures
in
the
same
zoning
district,
no
variance
will
be
granted.
I
That
extends
the
applicant
the
use
of
the
property
that
is
not
commonly
enjoyed
by
other
persons
in
similar
circumstances.
Well,
this
is
a
unique
circumstance:
it's
not
really
a
special
privilege.
There
are
several
properties
within
the
general
vicinity
that
share
common
the
commonality
of
the
same
transect
that
have
very
similar
setbacks
to
what's
being
requested
now.
The
difference
here
is
those
were
predate.
All
that
development
predates
the
special
area
plans.
However,
they
would
be
entitled
to
the
same
type
of
provisions
and
requests
as
this
use.
I
The
variance
requests
will
not
negatively
impact
property
values
in
the
area
or
create
nuisance
based
on
the
zone.
The
zoning
of
the
property
development
of
the
commercial
use
on
this
property
is
appropriate.
The
applicant
will
have
to
prove
that
the
proposed
use
is
compatible
with
the
surrounding
neighborhood
to
the
Board
of
Commissioners.
At
the
time
of
the
site
plan
approval
process,
estate
plan
approval
issues
like
traffic
noise,
buffering
environmental
conditions
and
lighting
among
others,
will
be
addressed
during
that
process.
This
request
will
not
alter
the
essential
character
of
the
neighborhood.
I
I
The
intent
of
that
was
to
provide
commercial
and
residential
uses
in
a
Morphin
connected
way
where
the
special
area
plan
for
the
CRA
and
the
sponge
dock
is
meant
to
be
a
larger
project
where
you're
looking
at
different
transects
as
they
kind
of
grayed
out
from
the
downtown
they
kind
of
grayed
out
as
you
get
to
either
end
of
the
area.
So,
as
a
result,
your
compact
and
your
really
walkable
areas
are
really
internal
to
the
center
of
town
and,
as
you
move
farther
out,
the
uses
are
meant
to
be
a
little
bit.
I
You
know
they're
still
like
to
be
connected
and
walkable
they're
meant
to
be
at
a
different
scale
than
they
are
in
the
Downtown
Development.
So
the
gradation
that
you
see
in
transect
based
coating
is
intentional.
It's
meant
to
provide
for
a
transition
when
you
get
to
the
outer
edges,
two
different
types
of
development
in
many
communities,
you're
dealing
with
a
bigger
range
you're
dealing
with
everything
from
the
downtown
core,
all
the
way
out
to
the
rural
district.
We
don't
have
that
same
type
of
gradation
here.
I
The
gradation
here
is
a
little
bit
more
subtle
because
you're
dealing
with
that
downtown
core
that
we
have
in
the
historic
downtown
and,
as
you
move
out,
the
uses
and
the
patterns
change
slightly,
but
you're
still
dealing
with
a
more
suburban
urban
to
suburban,
feel
you're,
not
getting
as
far
out
into
a
rural
fringe
or
that
type
of
thing.
So,
as
a
result,
the
development
pattern
is
more
compact
and
it's
there's
less
radiation
that
you
see
when
you're
dealing
with
four
that's
very
common.
I
Or
what
will
happen
here
is
a
blending
effect,
naturally,
because
of
those
three
different
zoning
schemas
that
are
kind
of
coming
together,
you
had
the
land
development
code,
this
special
area
plan
in
the
meters,
town
center,
they're
all
going
to
kind
of
have
different
goals,
but
at
the
same
time,
the
development
going
to
be
very
common
in
appearance
setbacks
for
neighborhood,
commercial
and
neighborhood
business,
which
is
on
one
corner
and
ro,
which
is
on
another
corner.
Those
are
your
traditional
zoning
codes,
those
have
more
traditional
max
or
minimum
setbacks.
I
You
know
25
foot
off
the
front.
You
know
zero
to
two
on
the
sides
and
down
to
30
to
20
to
30
feet
in
the
rear.
So
that's
a
more
traditional
pattern
there.
What
you're
going
to
have
the
appearance
you're
going
to
have
here
is
going
to
match
a
little
bit
more
similar
to
the
variance
that's
being
requested
here,
where
you'll
have
a
larger
setback,
a
smaller
rear
setback
and,
in
this
case,
you'll
have
end
up
having
larger
side
setbacks,
because
the
property
is
just
so
wide.
I
You
have
a
very
wide
property
here
that
you're
dealing
with
you're
dealing
with
almost
two
acres
of
property
and
with
that
notice
was
provided
to
within
two
properties
within
200
feet
of
the
subject
property
the
legal
notice
published
in
the
Tampa
Bay
Times,
the
property
was
posted,
staff
has
received
many
phone
calls
and
several
emails
from
both
proponents
and
opponents
of
the
request.
You
have
copies
of
all
of
the
written
correspondence
at
your
desks
and
it's
also
been
emailed
to
you
as
we've
received
it.
I
Please
feel
through
that
and
be
aware
of
what
are
the
concerns
and
comments
of
the
citizens
who
took
time
to
write
in
and
express
their
concerns,
and
with
that,
the
requests.
The
the
findings
of
fact
are
again
I'm
not
going
to
reread
the
requests
we've
already
gone
over
at
once.
The
property
is
down
on
three
sides
by
Road
weeds
and
has
a
large
wetland
along
the
western
property
boundary.
The
requested
variance
is
not
self-created
the
literal
interpretation
of
the
requirements.
I
A
letter
of
the
Olin
Code
would
deny
that
but
reasonable
use
of
the
property
development
of
this
property
is
fairly
impacted
by
the
existing
wetlands
and
the
free
road
frontage
is
without
significant
variances.
The
proposed
used
to
be
unable
to
developed
on
the
property
granting
the
variance
would
not
confer
a
special
privilege
to
the
applicant.
There
other
exists
there.
There
are
other
existing
properties
in
a
special
area
that
already
enjoy
these.
I
These
you've
seen
type
of
allowances,
with
increased
setbacks,
building
placement
different
than
what's
allowed
by
special
plan
and
the
park
in
the
first
layer
granting
experience
would
not
diminish
the
property
values
on
the
request.
The
risk
does
conform
to
the
general
intent
of
the
land,
development
code
and
policies
of
the
Comprehensive
Plan.
This
last
provision
it
is,
it
does
meet
the
general
intent
of
the
special
area
plan,
this
type
of
development,
the
the
types
of
waivers
and
variances,
whatever
you
want
to
call
them
warrants,
is
what
our
code
this
code
deals
with.
I
These
types
of
uses
form
based
code
lends
itself
to
allowing
a
prescribed
type
of
development,
but
in
allowing
for
more
flexibility,
this
code
was
put
in
place
to
encourage
that
flexibility
to
provide
for
more
variety
of
uses
in
a
more
compact
urban
sense.
All
right,
that's
the
intention
of
this
code,
so
I
would
also
argue
that
this
this
particular
request
is
in
complain
in
meeting
the
general
intent
of
the
length
of
the
special
airplane
wall.
It
doesn't
meet
every
provision,
it
is
meeting
the
general
intent
of
the
with
that
stuff.
The
staff
does
meet.
I
The
request
does
meet
the
review
criteria
established
in
Section
two
point:
one
point:
zero,
two
B
and
two
point
one
to
point:
one:
five
point:
zero
two
point:
five
of
the
Lana
Vela
code.
Therefore,
staff
recommends
approval
of
the
following:
a
variance
to
allow
a
front
step
f
of
a
hundred
and
forty
three
feet
where
10-foot
maximum
is
allowed
to
allow
a
side
Sepik
of
91
feet
and
a
108
point
two
feet
where
15
foot
setback
maximum
is
allowed
a
variance.
I
The
building
placement
allow
the
gas
once
to
be
placed
in
the
front
of
the
primary
building
where,
pursuant
to
section
four
point
four
point.
One
of
the
special
area
plan
gas
pumps
were
acquired
in
the
rear.
Thirty-Five
parking
spaces,
where
the
applicants
request
was
to
allow
for
49
we're
actually
going
to
be
making
a
recommendation
that
that
be
changed,
and
so
it
should
read.
49
parking
spaces
where
the
applicant,
as
the
applicant
requested,
we're
2017
spaces
are
required
and
that
specifically
I'm
going
to
be
addressed
a
little
bit
further
down
in
the
conditions.
I
Pursuant
to
section
four
point,
seven
point:
one
of
the
special
air
plan
and
the
approval
is
contingent
on
the
following
conditions:
the
first
one
I'm
going
to
read
these
modified
conditions
into
the
record
so
that
you
guys
will
have
this.
We
can
further
discuss
the
changes
that
were
that
have
been
requested.
There
shall
be
no
more
than
48
parking
spaces
constructed,
not
no
less
than
13
spaces
shall
be
constructed.
With
an
alternative
surface,
a
maximum
of
35
impervious
spaces.
I
Number
four
drive
aisle
with
shall
be
a
minimum
of
twelve
twenty-four
feet
and
a
maximum
of
thirty,
with
no
more
than
two
Drive
aisles
being
greater
than
28
feet.
Number
five,
an
enhanced
buffer
is
to
be
provided
between
the
proposed
use
and
the
adjacent
residential
uses.
The
required
plantings
along
the
drainage
retention
area
are
to
be
enhanced
and
calculated
at
a
coverage
rate
of
40%
staff
may
approve
alternate
planting
locations
during
the
site
planning
process.
All
light
all
site
lighting
is
to
be
shielded
and
directed
away
from
the
right-of-ways
in
the
adjacent
residential
areas.
I
A
lighting
plan
with
pole
locations,
pole
height
type
of
fixtures
and
illumination
values
is
to
be
submitted
to
the
Planning
and
Zoning
Department.
At
the
time,
a
building
permit
review
for
approval
bike
parking
may
be
provided
consistent
with
table
2f
of
the
Sponge
Docks
in
CRA
code,
Appendix
B.
Essentially,
staff
does
not
have
a
lot
of
heartburn
with
what
the
applicant
has
requested
for
revising
the
conditions.
We
agree
and
have
no
objection
to
the
conditions
as
I've
read
them
into
the
record.
I
B
K
Good
evening,
chairman
board
members
again,
my
name
is
katie
cole
representing
the
applicant.
A
couple
of
housekeeping
items,
I
did
not
know.
I
did
not
hear
that
the
staff
was
accepted
as
expert
witnesses
with
their
testimony,
and
so
I
was
hoping
that
mr.
Wyler
could
give
a
brief
recap
of
her
experience
and
asked
the
board
to
accept
her
as
an
expert
I'm.
I
K
K
With
that,
the
applicant
certainly
agrees
with
the
staff
analysis
in
its
application.
The
applicant
presented
several
other
additional
arguments
at
justifying
the
granting
of
the
variances
that
were
accepted
and
I
believe
you
have
a
copy
of
that
application
and
it
was
included
as
part
of
the
staff
report
and
the
package
that
came
to
you
and,
as
part
of
the
record
290.
K
K
This
is
proposed
to
be
a
Wawa
a
store
and,
as
you
may
be
aware,
Wallace
started
not
as
a
gas
service
station
at
all,
but
as
a
food
service
and
it's
much
more
comparable
to
food
service
stores.
So
the
parking
ratios
and
the
location
of
the
parking
is
reflective
of
a
food
store
and
we
were
just
talking
in
the
hallway
think
of
it
as
a
Panera
that
to
serve
gas,
because
it
wasn't
until
the
90s
that
this
hundred-year-old
company
even
began
to
sell
gasoline.
K
We
know
that
you've
received
emails
from
citizens,
and
certainly
many
of
the
residents
who
live
in
the
condos
along
mears
Boulevard
are
concerned
about
the
development
of
this
parcel
generally.
Many
of
their
comments
seem
to
be
specific
to
the
use
which
is
not
at
issue
here
tonight.
What's
at
issue
here
tonight
is
the
request
for
variances
and
whether
you
have
the
evidence
that
there
is
evidence
presented
that
they
meet
the
criteria
in
the
code
which
so
far
the
staff
has
presented
significant
amount
of
that
evidence.
K
K
L
B
L
Obviously,
the
intent
and
looking
at
the
special
area
plan
would
lend
itself
to
want
the
to
have
a
rotation
of
the
building
and
the
canopy.
We've
looked
at
that
we've
looked
at
the
opportunities
that
were
presented
with
with
three
different
right
of
ways
and
I,
say
opportunities,
but
in
the
back
of
my
head,
I
could
see
the
word
challenges,
because
it
makes
it
very
difficult
to
be
bound
by
three.
L
What
this
does
is
allows
us
from
from
our
site
design
and
the
drainage
design,
to
keep
the
more
intensive
areas
with
a
normal
use
of
a
convenience
store
with
gas
to
be
further
away
from
the
environmentally
sensitive
areas
and
in
those
areas
we
obviously
have
to
provide
treatment
and
attenuation
of
the
stormwater
before
it's
discharged.
So
from
the
intent
of
the
design
of
the
site
plan,
we
made
every
effort
to
keep
those
in
a
location
that
made
the
most
sense
from
where
the
site
was
laid
out.
Environmentally.
K
The
conditions
were
being
read
that
we
did
not
include
that
as
a
condition
of
approval
and
the
applicant
is
certainly
happy
to
include
the
inclusion
of
this
corner
treatment
as
condition
of
approval,
because
it's
integral
to
the
plan
it's
integral
to
the
site,
design
and
the
desire
of
the
city
to
have
this
special
area
plan
at
this
intersection.
So
with
that,
we
have
a.
K
The
corner,
rendering
was
included
in
your
package,
and
this
shows
just
a
sketch
of
the
corner
rendering,
but
we
do
have
a
better
kind
of
flyover
aerial
set
in
the
actual
corner.
So
you
can
see
it
when
it
wakes
up.
So
here
here
is
a
sight
set
on
an
actual
rendered
specific
to
the
existing
conditions,
and
you
can
see
the
vacant
land
to
the
west,
which
is
previously
been
approved
for
a
residential
townhome
project.
Going
to
mr.
K
Ross
testimony,
the
more
intensive
uses
of
the
site
were
intentionally
placed
on
the
front
of
the
site
to
give
that
buffer
from
residential
areas,
which
is
also
something
that
the
plan
talks
about
is
having
those
buffers.
So,
while
there's
an
8
foot
buffer
shown
on
the
site
plan,
that's
the
minimum
required
buffer
in
actuality,
there's
over
20
feet
of
a
landscape
space
in
the
rear,
and
then,
additionally,
there
stormwater
area.
So
from
this
Josh.
Can
you
go
to
the
corner?
So
you
can
see
the
corner
treatment
with
the
fence.
K
K
K
But
in
the
event
that
it
had
been
constructed,
it
could
have
been
redeveloped
very
similarly
to
do
that
same
thing
and
that
was
approved
in
2010
and
had
all
of
its
permits
for
construction
and
just
simply
wasn't
constructed
due
to
economic
reasons.
So
we
feel
that
this
is
a
very
valuable
corner
for
the
city.
K
We
recognize
that
the
treatments,
the
landscaping
the
enhancements
that
have
been
agreed
upon
by
the
applicant
with
staff,
the
evidence
included
in
the
application,
as
well
as
the
testimony
you've
heard
here
tonight
and
the
staff
report,
and
we
would
respectfully
request
your
approval.
Thank
you.
Thank.
B
You
very
much,
and
next
normally
we
have
the
board
comments
and
questions
and
the
way
I
look
at
it.
There
are
three
different
kinds
of
variances:
one
is
for
the
setbacks.
The
second
is
for
the
gas
pumps
and
the
third
is
for
parking
did
a
fair
statement
so
far.
Now
the
question
is,
how
do
you
want
to
break
it
up?
They
thought
I'd.
A
Far
as
being
considered,
but
that's
not
part
of
that,
what
they're
requesting
as
far
as
the
variances,
so
ISIL
Eve
and
correct
me
if
I'm
wrong
mr.
Chairman
I,
believe
what
you're
just
deciding
now
is
that
there's
basically
three
separate
parts
to
the
variance
the
parking
component,
a
setback
component
in
a
building
placement
component
component.
But
as
far
as
stormwater
drainage
and
the
retention.
That's
not
part
of
the
variance
application
and
what's
what's
pertinent
for
consideration.
K
B
Think
we
better
stick
to
what
this
board
does,
and
that
is
just
the
variance
requests.
We
have
a
very
specific
land
development
code
and
it's
very
detailed
and
very
complicated,
as
you
can
expect
from
what
you
heard
our
staff
present
and
what
this
board
does
is
in
certain
cases,
for
justifiable
reasons,
people
are
allowed
to
deviate
from
those
very
specific
detailed
criteria,
but
what
we
do
not
get
into
at
this
board
is
drainage,
wetlands,
driveways
necessarily
or
whether
the
property
is
appropriate.
For
this
use
that's
somewhere
else.
B
D
B
F
This
is
something
that
I
educated
myself
on,
because
I
think
we're
used
to
seeing
minimum
setbacks
and
when
I
saw
the
wording
of
the
maximum
setback.
I
wanted
to
make
sure
that
I
understood
that
correctly
and
that's
where
that
goes.
You
know
Heather
correct
me
if
I'm
wrong
to
where
again,
we
are
used
to
seeing
that
minimum
setback
as
we're
familiar,
some
owners
of
how
close
something
can
be
and
I
was
perplexed
as
to
why
something
had
the
maximum
where
it
would
put
it
practically
on
the
street.
F
We
would
feel
like
it's
on
the
street,
a
maximum
of
10
P
to
maximum
15
feet,
and
that
was
to
keep
it
in
the
spirit
of
the
downtown
and
the
Sponge
Docks
district,
and
this
is,
as
we've
learned,
is
on
that
southern
edge.
So
it's
almost
like
a
flip-flop
of
what
we're
used
to
seeing
if
I'm
understanding
this
correctly,
if
I
can
just
make
sure
I'm
clarifying
this
for
my
fellow
committee
members
of
setting
it
further
back.
So
it's
almost
like
flipping
it
in
your
head,
Heather.
I
Okay,
so
the
intention
again
of
a
form
based
code
is
looking
at
building
placement
and
the
major
intentions
of
this
plan
were
walkable
compact
development
when
you
do
walkable
compact
development,
it's
very
common
to
have
buildings
up
on
the
street.
It
frames
the
corner
of
a
street
and
that's
everything
and
provides
for
a
more
appealing
scale
for
development.
Now
that
can
go
two
ways
when
you're
dealing
with
very
tall
buildings,
which
we
do
not
have
here
in
Tarpon
Springs
you
get
outside
of
human
scale.
All
of
the
buildings
here
in
Tarpon
Springs
are
human
scale.
I
So
your
version
of
that
building
placement
is
intended
to
provide
for
public
spaces
where
there's
an
interaction
between
the
private
and
public
realms,
where
you
have
a
desire
to
have
which
you
saw
in
Katie's
rendering
this
is
and
provided
here.
You
know
we
have
a
bus
transit,
stop.
We
have
this
new
wall
attempting
to
create
that
real,
interesting
and
interactive
place
between
the
public
and
the
private
realm.
But
the
intentions
of
max
the
setbacks
are
that
the
building
can
literally
be
anywhere
from
zero
to
whatever
that
maximum
is
anywhere
in
that
thing.
I
So,
in
the
case
of
15-foot,
it's
anywhere
from
zero
to
15
feet
is
where
the
building
is
to
be
placed.
That's
a
very
large
building.
We
were
talking
about
a
1.83
acre
parcel
when
you're
talking
about
a
10-foot
setback
on
one
side
and
a
50-foot
setback
on
one
side.
Another
10-foot
setback
on
the
other
side,
you're,
basically
creating
all
all
building,
and
the
intention
of
that
is
to
provide
for
maximum
development
of
that
property.
I
So
you
can
maximize
that
development
by
creating
a
compact
environment
and,
along
with
that,
is
reducing
the
amount
of
actual
hard
surfaces
you
have
outside
of
that
building.
So
that's
really.
The
intention
of
the
special
area
plan
is
to
provide
that
maximum
development
potential
for
building,
while
minimizing
the
impact
on
the
land
that
you're
actually
developing
on.
So
you
want
to
build
it
closer
to
the
roadway
so
that
you
actually
take
out
more
or
less
space
as
the
intention
with
other
amenities.
Thank.
K
I
On
that,
essentially
Ace
Hardware
was
developed
at
a
time
prior
to
the
special
airplane.
So
it
does
not
respect
to
the
provisions
of
the
special
airplane.
Any
redevelopment
of
that
property
that
wouldn't
utilize
the
existing
structure
would
have
to
beat
the
conditions
of
the
special
area
plan
as
it
is
now,
but
you
are
correct:
the
appearance
of
the
Ace
Hardware
building
and
several
other
buildings
along
that
that
quarter
in
that
area
that
are
all
in
the
same
transect.
G
B
K
G
G
A
G
A
B
B
L
So
by
having
that
ability
to
have
a
quicker
time
in
able
to
clean
up
a
spill
at
a
surface,
then
you're
able
to
address
that
before
it
gets
into
the
stormwater
system
and
into
the
pond,
but
you're
absolutely
correct
in
the
fact
that
the
site
is
designed
so
that
any
surface
water
ends
up
in
the
conveying
system
which
ends
up
and
on.
But
by
putting
it
further
away
from
the
environmental
system.
You
inherently
have
more
time
to
address
any
situation
that
could
occur
so.
J
Was
just
as
you
went
through
the
site
plan
and
I
know
we're
not
discussing
the
actual
site
plan,
but
the
actual
location
as
it
sat
facing
Pinellas
or
facing
mayors
or
facing
apricot
or
any
of
the
other
facings
that
could
have
more
adhered
to
the
site
to
the
to
the
variances.
If
you
would
have
faced
it
towards
mirrors,
could
you
have
come
more
in
compliance
with
the
the
code
or,
if
you
have
faced
it
more
towards?
K
Certainly,
we
thought
to
minimize
the
variance
requested-
and
this
is
the
result-
the
location
of
the
canopy
and
the
size
of
the
required
canopy,
certain
aspects
of
the
law
with
respect
to
the
distance
between
gas
tanks
and
the
primary
buildings
that
are
done.
So
this
was
the
minimum
sighting
possible
to
have,
as
you
can
see,
on
the
site
plan,
that's
included
in
your
packet
and
we'll
put
up
here
with
switch
if
it
hasn't
fallen.
Asleep.
H
B
G
K
G
G
B
I
Is
layered
in
the
in
the
sense
that
there's
a
first
as
you're
measuring
like
you're,
going
back
to
the
property
from
the
front
to
the
rear,
there's
there's
a
first
layer,
second
layer
and
a
third
layer
so
spatially
it's
not
a
layered
cake,
it's
it's
more
of
layered
behind,
but
your
are
right.
Those
layers
do
kind
of
connect,
because
you're
dealing
with
three
different
layers
are
measured
from
the
right-of-ways
or
dealing
with
three
different
right
of
ways.
B
Drive
around
and
I
see
a
lot
of
vast
amounts
of
wasted
space
for
parking
areas
and
the
other
strip
center,
shall
we
call
them
around.
Tarpon
springs
and
I
presume,
that's
mostly
because
most
of
them
are
pretty
vacant
and
then
you've
seen
you
know,
they're
I
don't
want
to
mention
names,
but
we
all
know
where
they
are,
and
often
in
nineteen
and
even
on
19,
there's
two
or
three
largest
strip
centers
that
have
a
lot
of
empty
parking
spaces,
except
maybe
Christmas
time
and
you're.
C
D
I'm
Scott
Girard,
I'm
wawas
project
engineer.
So
I'm
the
employee
of
Wawa
I've
been
with
the
company
22
years,
so
50
parking
places
is
our
corporate
minimum.
We
run
800
stores
in
six
states
and
we're
serious
I
mean
we
do
know
what
our
parking
needs
are
for
our
stores.
If
you
visited
any
of
our
stores
in
Tampa,
we
don't
believe
any
of
them
to
be
over
parked
if
we
have
less
than
50
our
minimum.
We're
willing
to
go
down
to
48
on
occasion
when
necessary.
D
Asis
indica
empty,
empty
unused
spaces.
So
if
you
visit
our
stores
at
lunchtime
or
the
morning
or
afternoon
rush,
if
we
had
less
than
45
45
to
48
parking
places
literally,
we
would
have
customers
circling
a
lot
looking
for
a
parking
place.
So
we
we
think
it's
the
minimum,
this
the
48
parking
places
thank.
J
K
Would
be
some
sort
of
alternate
surface,
the
city
has
been
working
with
developers
and
property
owners
to
create
alternative
surfaces
like
turf
block,
geoweb
pervious
concrete
in
an
effort
to
increase
the
pervious
surface
ratios
on
a
site
so
from
a
maintenance
standpoint.
I
doubt
why.
Why
would
one
grass,
but
an
alternate
source
such
as
pervious
concrete,
would
meet
the
intent
of
the
condition
to
allow
for
a
lesser
ISR,
I
guess.
J
My
question
related
back
to
the
negotiation,
with
the
planning
to
your
final
conditions.
Those
thirteen
were
obviously
in
play
and
I'm
assuming
sitting
here
that
they're
going
to
not
look
like
concrete,
regular
lined
parking
spaces,
but
they're
going
to
be
some
sort
of,
and
you
mentioned
a
transition
or
something
between
a
regular.
I
Base
it'll
be
it'll,
be
an
alternative
surface
to
be
determined
at
the
time
of
site.
Planning
based
on
applicant
will
propose
and
will
look
at
whatever
they
proposed.
The
intention
is
just
to
increase
the
amount
of
actual
hard
surface
that
you
have
on
there.
It
still
may
appear
if
you're
using
pervious
concrete
it's
going
to
appear
like
concrete
you
don't.
You
won't
know
the
difference
of
that.
However,
you
know
in
a
rainstorm,
you
will
clearly
see
the
difference
between
regular,
concrete
and
a
pervious
concrete
and.
I
That
ratio
they
will
not
be
held
that
ratio
if
they
choose
to
put
in
more
pervious
concrete
I,
am
NOT
going
to
complain
about
that
or
some
type
of
alternative
service.
But
we
want
to
make
this
as
respectful
of
that
special
airplane
as
possible,
and
that
really
is
one
of
the
intention
on
the
plan
and.
F
Maybe
this
is
something
that
can
be
clarified
by
the
gentleman
from
Wawa
regarding
the
number
of
parking
spaces.
I
travel,
a
lot
for
work,
so
I
have
been
to
many
wawas
and
many
other
gas
stations
are
the
varying
sizes
on
how
does
Wawa
determine
the
number
of
parking
spaces
that
they
need
per
size
of
the
building
itself,
because
it
is
2
acres,
but
is
this
Wawa
in
comparison
to
other
wawas?
Maybe
you
know
we
have
a
couple
up
and
just
in
Pinellas
County
that
are
relatively
new.
Is
this
smaller
larger
comparable?
F
F
I
B
I
If
you're,
if
you're,
looking
at
it
from
apricot,
it's
just
above
the
first
layer,
sits
in
the
first
layer
when
you're
looking
at
the
south
and
Ellis
Avenue.
But
when
you
get
up
to
apricot
that
layer
spins
out.
So
the
first
layer
is
not
as
thick
at
the
top
of
the
picture
as
it
is
on
the
side
running
down
on
Mears
Boulevard.
I
Buffers
are
shown
the
very
edge
of
the
property
again
you're,
not
dealing
with
a
fully
developed
site.
We
don't
have
a
nor
sure.
We
have
at
this
point
a
landscaping
plan.
If
I
had
one
I'd
be
a
little
bit
skeptical,
that's
something
we're
going
to
get
there,
but
at
this
point
the
buffers
are
kind
of
just
penciled
in
as
where
they're
going
to
be,
because
until
they're
playing
with
the
plantings-
and
we
actually
work
through
all
the
site
planning
issues,
though
that's
a
moving
target
and.
F
K
E
J
I
More
yeah
in
this
particular
case,
the
building
doesn't
need
to
respect
the
layers.
The
building
is
dealt
with
by
the
building
placement
standards
and
the
setbacks
that
are
required
in
this
case
we're
deviating
from
them,
but
in
the
case
of
the
parking
itself,
parking
needs
to
be
respective
or
there
needs
to
be
various
requests
of
where
that
falls
and
again
it's
measured
based
on
a
distancing
criteria
and
a
percentage
criteria
based
on
the
width
and
in
depth
of
your
Lots
right.
So
a
deeper
wider
Lots
going
to
have
a
different
layer
effect.
Dennis
Carroll.
I
I
The
dumpsters
are
specifically
are
specifically
within
the
third
layer
and
had
they
brought
a
dumpster
in
the
first
two
layers,
they
would
have
got
the
same
answer
that
they
got
on
the
last
project.
That
did.
That
was
absolutely
not
there's.
No
reasoning
for
there's
no
justification
for
providing
that
unless
you
have
some
type
of
major
constraint
that
you're
trying
to
work
with
the
constraints
in
this
lot.
With
this
almost
two
acres,
they
don't
have
that
constraint.
So.
I
You're
dealing
with
the
third
Street
that
is
outside
of
the
layer,
the
required
layer
for
apricot
because
apricots
the
the
least
each
of
these
roadways
has
its
own
classification
system,
which
drives
how
those
layers
are
derived,
and
that
is
the
lowest
classification
streets
of
residential
streets.
So,
as
a
result
of
that,
the
layers
are
their
smallest.
There,
so
I
hope
that
kind
of
clarifies
it.
J
It
did,
but
if
we're
still
going
with
questioning
one
of
the
points
we're
supposed
to
consider
is
the
land
value
going
up
or
down
and
I
know
that
townhouses
are
I
mean
it's,
the
docks
are
there
and
that
apricot
Street
is
eventually
going
to
service
as
a
pretty
major
thoroughfare
for
those
people
and
they're
going
to
be
driving
past
the
that
layer
of
Wawa
in
and
out
and
I
wondered
how
we
arrived
that
there's
no
property
value
lost
based
on
what
those
people
would
have
or
not.
Have
you
know
what
I'm
saying
well.
I
B
I
J
That
in
Adana
is
that
kind
of
goes
back
to.
Where
did
we
decide
that
the
corresponding
neighboring
properties
not
to
three
blocks
away
or
anything
like
that,
but
an
adjacent
property
right
abutting
with
the
waterway
and
having
boats
tied
up
and
things
like
that?
How
is
I
mean
I
I
would
wonder
if
there
was
an
expert
in
real
estate
or
something
that
would
determine
what
the
value
was
other?
Maybe
it
increases
it
I,
don't
know
well,.
A
F
And
I
thought
that
that
same
questionnaire
of
how
was
in
number
six,
how
was
the
evidence
that
no
diminished
property
value
was
determined?
How
did
that
come
to
be
what
what
is
the
proof
of
that?
Because
we
have
verification,
improved
and
evidence
of
so
many
other
points.
Where
does
that
point
become
evidence?
Reason
is.
B
K
Did
want
to
highlight
to
that
point.
This
is
a
commercial
property
and
the
plan
allows
for
a
broad
scope
of
uses.
There
is
not
relief
requested
specific
to
the
dumpster
location,
but
in
an
effort
to
answer
your
question,
your
question,
the
setbacks
are
more
than
20
feet
it
from
both
property
lines
to
the
dumpster
proposed,
as
it
is
now
which,
again,
without
any
relief
to
this
code,
potentially
you'd
have
building
at
8
feet
with
the
required
along
the
entire
perimeter,
which
potentially
has
greater
impact.
K
So
I
think
the
answer
that
was
given
before
of
this
is
the
commercial
property.
There's
not
a
diminution
of
value
based
on
the
staffs
analysis,
because
of
what
the
contemplated
uses
are
here
versus
this
proposed
use,
as
well
as
the
lack
of
development
adjacent
to
it
is
the
evidence.
That's
before
you
down.
B
A
Just
one
of
him,
you
haven't
been
sworn.
If
you
could,
please
raise
your
right
hand.
Do
you
swear
affirm
that
the
testimony
you're
about
to
give
us
the
truth,
the
whole
truth
and
nothing
but
the
truth
and
then
just
an
orderly
fashion,
one
at
a
time
if
you
could
come
to
the
podium
state,
your
name
and
your
address,
and
then
you.
N
Patricia
Bora,
what
can
you
hear
me?
Okay,
yes,
okay
of
the
2604
oak
circle
and
tarpon
springs.
Some
of
what
I'm
going
to
say,
obviously,
is
more
appropriate
for
I.
Guess
the
next
step,
which
I
wasn't
aware
of
I
thought
this
was
the
step
where
I
would
speak.
My
my
thoughts
on
the
site
itself,
but
I
think
some
of
what
I
will
say
does
apply
to
you.
So
I'm
just
going
to
go
ahead
and
say
what
I
had
planned
to
say.
Also.
N
A
N
On
your
bulletin
board
here
and
on
your
website,
yeah
okay,
sonson
website,
thanks
very
much
I,
don't
understand
why
this
board
is
even
considering
this
proposal,
even
if
there
were
no
variances
needed
for
it
to
go
forward.
I
would
oppose
it
for
two
reasons,
and
let
me
preface
my
comments
or
questions
by
saying
I
also
dündar.
Don't
understand
why
this
matter
has
been
brought
up
for
discussion
when
an
estimated
1/3
of
the
immediately
affected
taxpayers
are
out
of
town.
N
We
may
refer
to
them
as
snowbirds,
but
those
snowbirds
pay
just
as
much
in
taxes
as
we
year-round
residents
so
I'm.
Just
questioning
the
timing
of
all
this
I
don't
oppose
any
and
all
businesses
building
on
the
corner
of
Mirrors
and
alternate
19,
but
any
gas
station.
Yes,
on
the
two
and
a
half
miles
of
road
between
klostermann
and
tarpon
Avenue,
there
are
already
four
gas
stations,
four
of
them,
one
of
which
is
about
a
half
mile
away
from
where
this
one
wants
to
build.
A
fifth
gas
station
serves
no
purpose
and
provides
no
service.
N
We
don't
already
have
in
abundance.
Why
would
you
even
consider
putting
such
a
redundant
business
there
and
consider
several
variances
to
do
so?
This
leads
me
to
my
second
and
far
more
important
reason
for
opposition
this
unnecessary
gas
station
you're,
considering
making
allowances
for
would
be
built
in
an
area.
Fema
has
designated
as
a
flood
zone
and
before
anybody
brings
up
the
other
gas
stations,
I
think
probably
at
least
three
out
of
the
four
will
built
before
FEMA
made
those
designations.
N
B
M
Good
evening,
thank
you.
My
name
is
Karen
Cleary
I'm
with
a
327
moorings
Cove
drive
and
my
condo
is
connected
to
the
canal
behind
there
and
I
would
like
to
say
that
first
I
wanted
to
know
if
anyone
had
asked.
If
for
the
environmental
impact,
was
anybody
from
the
EPA
called
or
considered
or
approached
about
this
beforehand
and
I
think
that
that
should
be
utmost
and
that
you
should,
before
you
make
any
decision,
consider
that
because
the
proximity
to
the
waterway,
the
stormwater
runoff,
the
waste
system
and
the
spillage
is
a
possibility.
M
I
myself,
my
husband
I,
are
a
victim
of
a
1,000
gallon
oil
spill
at
our
home
in
New
York,
and
it's
still
unrecovered,
500
gallons
left
us
homeless
and
we
are
still
battling
with
it
and
the
environment,
and
the
pond
in
our
back
yard,
touched
an
aqua
fire
that
led
throughout
the
counties
and
it's
very
dangerous
and
it's
still
an
issue.
It's
affected
people
for
many
years
and
still
yep
and
now
I
also
would
like
to
say
the
traffic
issues,
the
it's
a
very
poor
intersection,
the
safety
in
and
out.
M
O
Good
evening
my
name
is
Jax
Burke
I
resided
2008,
Gulf
View
Drive
in
the
green
dolphin
I
do
apologize
because
we
did
come
here
as
Pat
mentioned
thinking
that
there
would
be
more
than
just
these
variances.
That
would
be
recovered.
So
please
bear
with
me
when
I
make
my
statements.
One
of
the
questions
that
I
wanted
to
have
for
the
attorney
is
when
these,
when
the
other,
when
the
other
meetings
are
occur,
and
you
said
that
it's
advertised
is
there
a
provision
for
residents
within
a
certain
amount
of
feet
to
be
notified
by
mail.
I
Okay,
so
the
next
type
of
application
is.
This
is
successful
as
a
conditional
use
application.
The
noticing
criteria
for
that
are
I
post,
another
yellow,
bright,
yellow
sign
on
the
property,
and
then
we
notify
people
within
200
feet
of
the
rest
surrounding
property
by
postcard
that
the
application
is
active
and.
C
O
Well,
a
number
of
residents
have
absolutely
no
idea
that
this
is
happening
and
this
is
proposed.
There
is
a
yellow
sign
that
was
posted,
it's
not
very
viewable
and
it's
been
moved
a
number
of
times.
As
far
as
notices
go,
that's
beside
the
point.
I
don't
know.
If
any
of
my
comments
would
affect
the
variances
that
you're
discussing
and
talking
about
tonight,
but
there
is
one
thing
that
that
Karen
mentioned
about
the
5
pound
10
pound
bag.
I
believe
that
this
is
way
out
of
scale
for
the
size
of
that
plot.
O
I
think,
if
my
probably
would
say
that
you're
putting
a
size,
12
shoe
in
a
size,
12
and
a
not
size,
9
shoe
I
think.
As
far
as
the
pumps
go
I,
don't
believe
that
you
would
have
the
room
to
put
them
in
the
rear
of
the
property.
Even
if
you
didn't
answer
the
Barons
to
put
it
in
the
front,
because
there
is
not
enough
room,
it
wouldn't
work.
I'm,
like
I
mentioned
I
believe
that
it's
totally
out
of
size
scale
for
the
area.
O
I'm
not
opposed
to
wawas
they're
wonderful,
but
when
it
is
in
a
two
lane
street
I
think
that
that's
the
wrong
place
for
it.
We
have
a
great
deal
of
congestion
in
those
areas
right
now
and
entering
and
entering
and
leaving
ingress
and
is,
is
going
to
be
difficult
when
you're
heading
east,
on
mirrors,
you're,
probably
going
to
have
to
cut
across
to
double
yellow
lines,
to
be
able
to
enter
from
that
side.
O
If
you're
traveling
north
on
Pinellas
Avenue,
the
traffic
backs
up
terribly
there
and
then
they're
going
to
back
up
more
because
they're
going
to
have
to
make
a
left-hand
turn
across
the
notes
to
head
into
the
other
entrance.
So
I
think
it's
going
to
create
a
great
deal
of
congestion.
I
think
it's
inappropriate
in
character,
because
we
are
in
historic
town
and
we
may
just
be
on
the
very
edge
of
that
historic
area
of
our
town.
But
we
are
really
urban.
We're
not
rural.
O
It's
been
mentioned
before
I
think
it's
environmentally
unsound.
To
put
it
on
waterfront
property.
I
do
believe
that
the
value
other
properties
behind
there
will
be
affected.
There
may
not
be
buildings
there.
Now
but
there's
a
number
of
townhomes
that
are
planned
with
with
docks
and
certainly
they're,
not
going
to
want
to
look
at
the
back
of
a
Wawa
building
I
understand
they
want
to
redirect
the
lighting,
but
I
still
have
a
concern
about
the
illumination
for
the
people
that
live
in
that
area.
O
C
P
Evening,
my
name
is
John.
Cleary
Oh
I
spoke
before
me
first
off
what
she
said
about
you,
representing
top
and
Springs,
to
our
ability
to
make
this
place
real
nice
we've
been
coming
down
here
since
1976
I
was
a
kid
we
started
showing
up
down
here,
because
my
father
in
law,
which
I
am
I'm
a
911
firefighter
from
New
York
Battalion,
lost
a
lot
of
my
friends.
It's
another
story,
but
we've
had
an
environmental
issue
in
our
lives.
P
Going
on
14
years,
as
I
said
how
many
years
the
company's
it's
a
big
major
oil
company
at
a
Connecticut
and
we're
still
dealing
with
them,
they
told
us
we'll
take
Kerry,
you
had.
He
took
care
of
us,
the
thousand
gallons
that
they
delivered.
We
got
bills
for
for
the
thousand
gallons
that
they
delivered
to
my
house
in
an
old
pipe
in
ruining
my
house.
I
got
billed
for
it.
P
There's
pictures
of
us
online
look
at
the
Cleary
oil
spill
in
Warwick,
New,
York
and
you'll
see
us
how
old
we
look
me
and
my
wife
back
then,
but
we
got
billed
for
the
oil
I,
no
problem,
wha-wha,
whatever
they
want
to
do
billion-dollar
company,
but
you're,
impacting
the
environment
difference
you
got
water.
We
we
were
on
a
pond.
It
went
into
the
aquifers
system
which
goes
to
the
next
farm,
14
acres,
cows
and
everything.
Oil
is
under
water.
It
travels
through
dirt,
I'm
sure
through
sands.
P
It
will
be
a
lot
easier
in
dirt
where
we
came
from
so
you're
representing
us,
which
is
the
second
time
I'm
asking
all
right,
you're
calling
for
a
special
variance
to
do
this.
This
is
what
this
is
all
about.
This
variance
has
to
be
specialized
to
put
a
gas
station
in
there,
you've
already
approved
townhouses
with
canals
back
there,
which
your
Planning
Board
already
approved.
So
what
do
you
say
that
act
now
or
somebody
that's
going
to
buy
that
property?
No
problem.
P
P
So
before
you
go
jumping
on
to
something
new
and
impacting
the
environment
which
we
in
my
life
we
walk
around
after
I
need
to
lose
a
couple
of
pounds.
We
walk
every
morning
around
that
section
that
whole
piece
of
property
is
soaking
wet.
Now
you
got
a
problem.
The
gentleman
over
there,
probably
about
the
only
one
who's
asked
that
environmental
questions.
What
happens
to
the
gas
and
the
oil
that
you
might
be
putting
in
your
engine
up
front?
Where
does
it
go?
This
pervious
thing
for
the
birds?
P
Don't
give
me
some
big
word
that
we're
going
to
have
to
go.
Look
up
pervious.
You
know
gas
oil
is
going
to
seep
into
that
canal
and
you're
going
to
ruin
the
environment
there,
like
my
wife,
said,
guess
what
it's
not
the
EPA
and
it
could
be
because
it's
the
ocean
out
there,
but
the
Dec
is
the
one
that
should
be
contacted.
P
Don't
imply
mental
impact
on
that
property
and
find
out
where
you're
at
before
you
go
approving
a
little
light
mail
like
that,
because
this
picture
over
here
this
looks
like
you're
on
six
football
fields,
bring
that
down
actual
size.
So
we
could
see
it
out
here
and
see
what
that
thing
looks
like,
because
it's
a
little
corner
and,
like
my
wife,
said
20
pounds
of
crap
in
one-pound
bag.
That's
what
you're
doing
it!
So
my
words
done
and
if
you
do
do
it
I'll
probably
walk
by
chuckling
at
you.
That's
how
I
look
at
it.
B
K
Thank
you,
just
in
closing,
I
did
want
to
address
to
some
technical
things,
and
one
is
that
the
use
as
a
conditional
use
that
the
site
is
not
an
issue.
Your
code
provides
a
matrix
of
all
of
the
uses
that
are
permitted
and
the
staff
indicated
before,
while
this
may
be
a
conditional
use.
That
decision
will
be
made
by
the
Planning
Commission
and
by
the
City
Commission.
K
The
standard
for
review
in
these
applications
is
does
the
what
is
their
competence?
Substantial
evidence
presented
in
the
applicant
both
presented
that
evidence
in
its
application,
as
well
as
the
staff,
as
well
as
the
experts
here
tonight,
and
there
is
no
alternative
evidence
presented
that
says
that
it
does
not
meet
that
criteria
and
that's
the
burden.
Is
there
evidence
for
you
to
weigh
on
one
side
or
the
other,
and
tonight
there
has
been
no
evidence.
K
While
there
have
been
opponents
to
the
general
use
and
concerns
expressed
about
the
environment,
which
we
certainly
appreciate
and
I
assure
you
will
be
absolutely
addressed
during
the
site
plan
process.
The
question
presented
tonight
is
competent,
substantial
evidence
to
support
the
variances
before
you.
There
have
been
two
qualified
experts
and
I
didn't
qualify
mr.
Gerard,
but
certainly
with
his
experience
as
both
an
engineer
and
with
Wawa,
he
would
qualify
as
a
third
expert
offering
that
evidence
upon
which
to
base
your
decision
tonight.
K
G
G
G
I
G
I
I
G
F
Yes,
if
I
may
make
a
statement,
I
wanted
to
thank
the
citizens
who
came
out
to
speak
on
this
and,
as
you
did
graciously
note
and
understand
that
this
board
is
charged
with
reviewing
the
applications
for
variances,
and
that
is
our
only
responsibility
here
this
evening.
The
environmental
and
traffic
and
economic
development
concerns
that
you
have
raised
are,
of
course,
serious
issues
and
our
best
address
in
the
next
phase
of
the
process
which
we
have
been
told
about,
which
is
in
that
site
planning
phase.
F
H
D
H
12
months
a
year,
so
it's
not
our
fault
that
there
are
people
who
are
snowbirds.
So
if
they're
not
here
for
the
decisions
of
what
we
make,
we're
still
going
to
make
the
decisions
12
months
a
year,
so
I
did
want
to
make
a
comment
regarding
that.
There
was
also
another
comment
about
being
redundant
in
gas
stations
and
we
don't
have
any
decision
to
make.
If
there's
15
gas
stations
on
a
block,
we
still
have
to
approve
according
to
whether
they
meet
or
don't
meet.
H
Our
variance
and
I
did
want
to
make
a
comment
to
my
fellow
New.
Yorker
I
was
a
first
responder
in
hurricane
sandy
and
Hurricane
Irene,
and
they
are
going
to
have
gas
in
the
ground.
Not
oil.
I
did
backup
as
well
and
I
understand
your
concern
for
it,
but
gas
evaporates
oil
does
not
so
well,
not
that
we
can
make
any
decision
yay
when
a
regarding
that
but
you're
comparing
apples
to
oranges.
So
I
just
wanted
to.
Let
you
know:
okay,.
B
F
A
I
Does
not
necessarily
need
an
additional
condition
for
the
new
wall
that
the
applicant
has
so
graciously
provided
we're
pretty
confident
that
that's
going
to
go
forward.
I,
don't
see
any
point
in
adding
a
condition
for
that,
so
the
conditions
would
read
as
revised
one
through
four
and
then
five
through
eight
that
are
as
written
in
the
staff
report.
Thank.
H
B
B
B
Personal
here
we
got
the
attention
of
the
Board
of
Commissioners.
Finally,
and
I
got
word
that
at
the
next
City
Commission
meeting
July
11th,
there
is
no
medium
course
July
4th.
There
will
be
a
motion
made
to
have
a
give
the
Board
of
Adjustment
a
one-time
opportunity
to
propose
changes
to
the
Code
of
Ordinances,
as
we've
been
talking
about
for
a
while
and
we'll
need
to
set
a
date
for
our
special
work
session
consuming
I.
Imagine
that
would
be
sometime
in
August
for
that.
B
So
if
the
motion
of
the
city
commissioners
does
pass,
then
we
want
to
be
ready
with
our
proposed
changes
to
the
code,
and
that
would
include
something
in
writing.
If
you
could
I'll
have
something
and
of
course
anyone
else
is
welcome
to
present
those
to
the
work
session
at
the
work
session,
and
hopefully
we
can
pass
a
motion
at
that
time
to
bring
it
to
the
Board
of
Commissioners
attention.
B
It
would
be
a
Sunshine
Law
violation
if
two
members
of
the
Board
of
Adjustment
went
to
the
City
Commission
individually
and
talked
about
our
proposed
changes.
The
reason
I
say
that
is
because
II
it
that
I'm
defer
to
your
judgment,
we're
not
talking
about
proposed
action
of
the
Board
of
Adjustment,
we're
just
private
citizens
proposing
changes
to
the
Code
of
Ordinances.
If.
A
You
are
going
as
a
private
citizen,
proposing
changes
to
the
quarter
or
Code
of
Ordinances
I,
see
no
violation
of
sunshine
or,
if
you
you're,
going
in
your
representative
capacity
as
a
Board
of
Adjustment
member,
it's
not
going
to
be
necessarily
going
to
be
a
matter.
That's
going
to
be
before
this
board,
so
just
an
adherence
of
caution,
I
would
say
no,
but
as
a
private,
individual
there's
nothing
that
prevents
we're.