►
From YouTube: Board of Adjustment September 26, 2018
Description
Description
A
B
C
A
Okay,
let's
be
sure
to
silence
all
of
our
gadgets.
Please
we
have
some
various
serious
matters
on
the
agenda.
We
don't
want
to
be
interrupted
by
phone
calls
from
anybody.
So
thank
you
very
much.
We
have
six
items
on
the
agenda
and
it's
our
normal
procedure
to
take
our
time
and
go
through
the
process
of
each
each
item.
In
sequence
on
our
agenda,
however,
we
do
have
the
power
to
deviate
from
the
agenda
for
emergencies.
A
So
if
anybody
has
an
emergency
like
sick
children
at
a
home
or
you
got
to
catch
a
plane
or
something
if
you
would
please
pass
a
note
to
miss
Kim
on
this
side
or
Luis
on
the
other
side
and
we'll
get
it
to
me
and
then
we'll
decide
what
to
do.
But
does
anybody
right
now
have
any
urgent
matters
that
we
have
to
think
about
changing
the
agenda,
anybody
from
the
board
all
right,
so
it
looks
like
we're
going
to
go
ahead,
hide
them
by
item
and,
let's
start
with
our
legal
counsel,
welcome
back
this.
D
Is
a
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
effect
to
previously
established
criteria,
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
confident
substantial
and
relevant
fee
issues
if
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
established
in
the
code
of
ordinate,
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.
A
D
A
E
A
A
You
all
right.
The
next
item
is
application:
18
86,
it's
two
part:
variance
to
reduce
a
side
yard
and
a
shoreline
buffer
on
sea,
breeze,
Drive
and
I'd
like
to
declare
a
conflict
of
interest,
I
think
another
long
story.
First
of
all,
my
first
wife
was
her
babysitter,
50
or
60
years
ago.
I,
don't
know
if
that.
A
A
E
Yes,
this
request
is
for
two
part
variance.
As
you
indicated,
it
is
located
at
one
six.
Six,
eight
Seabreeze
Drive
the
property
is
zoned
residential
single-family
residential
district
are
100.
The
applicant
is
requesting
a
variance
to
reduce
the
Westside
setback
from
10
feet
to
8.3
feet,
the
Eastside
setbacks
from
10
feet
to
8
feet
and
a
variance
to
reduce
the
shoreline
buffer
from
30
feet
to
19
feet
to
construct
an
addition
that
would
match
the
side
and
rear
yards
of
the
existing
residential
dwelling.
Also,
the
requested
sides,
yard
setback.
E
Setback
variance
of
sixteen
point
three
feet
does
not
match
the
total
side
yard
setback
requirement
of
25
seat
beat
so
this
reduction
will
need
to
be
approved
as
well.
This
residence
was
constructed
in
1971
and
met
the
setback
and
buffer
requirements
at
that
time
of
development.
The
owner
is
currently
seeking
to
build
an
addition
that
is
in
line
with
the
current
exterior
walls
of
the
existing
structure.
However,
the
city
has
now
now
has
more
stringent
side
yard
setbacks
or
line
buffer
requirements.
E
In
addition,
the
existing
the
existing
structure
being
on
a
non-conforming
use
based
on
total
minimum
side
yard
setbacks.
The
subject
site
is
also
not
a
non-conforming
a
lot
of
record
as
it
does
not
meet
the
minimum
lot
width
requirement
of
75
feet.
It
is
currently
72
feet
wide.
The
applicant
has
indicated
that
the
setback
variances
are
being
sought
in
order
to
build
an
addition
at
the
rear
of
the
existing
dwelling
complying
with
the
current
minimum
side,
yard
setbacks
and
shoreline
buffer
I
got
compliant
with
the
current
minimum
short
side
yard.
E
Setbacks
in
shoreline
buffer
would
force
a
property
owner
to
build
an
addition
that
would
not
line
up
with
the
existing
structure.
Staff
has
reviewed
this
application
for
compliance
with
the
criteria
for
variances
of
section
215,
0.02,
B
and
finding
based
on
what
we
indicated,
though,
that
it
does
not
meet
the
minimum
lot
width
and
that
the
lot
was
created
legally
in
19,
while
prior
to
the
the
to
the
home
being
constructed
in
1971.
We
does.
We
do
find
that
it
does
meet
the
criteria
for
granting
a
variance.
A
Rights
you're
welcome
when
your
item
comes
up
to
cross-examine
anybody
who
testifies
or
anybody
from
the
staff.
We
have
a
very
open
procedure
and
you
will
be
heard
during
our
public
hearing
process
in
case
I.
Forget
I
will
be
reminded
to
ask
for
any
public
comment.
So,
let's
start
off
with
any
questions
from
the
board
right.
A
G
E
A
H
A
E
This
property,
the
applicant,
is
requesting
a
variance
to
the
200
square
foot
maximum
size
limitation
for
accessory
structures
in
residential
districts.
The
request
is,
to
ahead
add
a
hundred
and
twenty
square
foot
of
bathroom
to
an
existing
232
square
foot
bath
house
in
the
rear
yard
of
the
property
the
resident
the
residence
was
constructed
in
1982
and
the
accessory
structure
in
2003.
The
applicant
is
indicated,
there's
a
septic
tank
in
the
area
between
the
principal
dwelling
in
the
and
the
existing
accessory
building.
That's
in
part
leading
to
the
hardship
request.
E
E
The
owner
has
indicated
that,
due
to
the
physical
configuration
of
the
property
and
improvements
to
the
existing
outbuilding,
the
proposed
addition
is
the
only
option
given
the
size
of
the
building
and
location
of
the
existing
septic
tank
staff
has
recommended
denial
of
this,
based
on
the
criteria
for
granting
variances
and
I'll.
Just
briefly
touch
on
the
highlights.
E
The
first
criteria
is
that
the
need
for
the
requested,
variances
variance,
arises
out
of
the
physical
surroundings,
shape
topographic
conditions
or
other
physical
or
environmental
additions
that
are
unique
to
the
specific
property
involved
and
which
do
not
apply
generally
generally
to
property
located
in
the
same
zoning
district.
Our
finding
is
that
the
applicant
is
indicated
that
adding
the
bathroom
to
the
existing
outbuilding
is
the
only
option
available
to
them
due
to
the
physical
configuration
of
the
property
and
improvements,
as
well
as
size
of
the
building
and
location
of
the
septic
tank
on
the
site.
E
Since
a
lot
does
not
meet
the
75
foot,
minimum
lot
width
requirement,
it
would
be
considered
non-conforming.
However,
the
lot
depth
exceeds
the
minimum
requirements.
The
house
and
the
existing
accessory
structure
meet
the
setback
requirements
and
the
proposed
addition
would
not
encroach
into
the
rear
yard
setback.
The
existing
accessory
structure
exceeds
the
200
square
foot
maximum
size
limitation
and
would
be
considered
a
non-conforming
structure.
E
It
seems,
as
the
applicant
may
have
other
options
instead
of
increasing
the
size
of
the
non-conforming
accessory
structure
such
as
installing
the
bathroom
within
the
existing
bath
house
and
within
the
existing
bath
house
or
building.
In
addition
to
the
principal
structure,
staff
does
not
find
that
the
site
conditions
would
constitute
a
hardship
to
the
owner.
E
So
basically,
we
could
not
find
that
there's
any
particular
peculiarity
about
this
property
that
would
warrant
a
hardship
or
anything
unique
to
the
property
that
would
support
increasing
the
variance
behind
beyond
the
maximum
200
increasing
the
accessory
structure
above
the
maximum
200
square
feet.
So
staff
is
recommending
denial
of
this
application.
E
A
A
I
Good
evening
my
name
is
Barbara
lemons
I'm,
the
owner
of
1812
Gulf,
Beach
Boulevard,
along
with
my
husband,
we
have
a
handicapped
son,
adult
son,
who
had
a
stroke
a
few
years
ago
and
came
to
live
with
us.
He
is
completely
wheelchair
bound
the
reason
for
wanting
to
finish
out
this
small
out
building
behind
our
structure.
It's
not
an
outbuilding
that
we
put
there.
I
We've
only
owned
the
property
for
two
years,
but
we
had
to
have
it
when
we,
when
we
purchased
the
property
in
order
to
get
our
four
point
inspection
we
because
the
structure
has
electrical
in
it,
we
had
to
have
the
wires
either
sheath
or
we
had
to
enclose
them.
So
that's
what
we
did.
We
enclosed
them.
I
There's
nothing
between
the
house
and
that
structure
except
a
birdcage
that
he
would
be
able
to
use
the
bathroom
without
having
to
get
a
length.
That's
about
trying
to
get
back
in
the
house,
particularly
the
storm
or
just
having
being
the
primary
caregiver
of
someone
who's
completely
wheelchair-bound
I
can
tell
you
that
most
handicap
bathrooms
are
not
really
handicap
accessible
for
every
handicap.
He's
unable
to
walk
he's
unable
I
mean
he.
He
needs
assistance
unless
he
has
a
bathroom,
that's
configured
that
will
that
will
provide
for
him.
I
A
J
I
It
is,
but
when
you
take
a
power
chair
and
the
ability
to
be
able
to
move
the
power
chair
around,
so
he
could
hopefully
be
able
to
transfer
out
of
the
power
chair
into
a
chair,
a
more
comfortable
chair
then
you've
taken
up
quite
a
bit
of
the
interior
space
in
that
in
that
building
it
would
take
probably
ups,
probably
up
to
six
square
feet
of
it.
I
mean
six
feet
by
six
feet
of
it.
Yeah.
I
J
I
I
We
know
we
can
do
that
because
it's
within
it's
within
the
the
its
conforming
I
mean
because
the
building
itself
is
conforming,
so
we
would
be
able
to
do
that.
We
can
use
just
that
space,
we're
just
asking
for
a
little
additional
space
to
be
able
to
pump
it
out
a
little
ways
into
the
yard
again,
not
encroaching
on
any
other
of
the
setbacks,
see.
J
So
when
we
have
to
make
a
decision,
it
has
to
be
something
that
is
not
just
unique
to
your
son's
situation
or
to
your
situation.
You
could,
you
know,
for
the
most
part,
decide
to
move
in
a
year
or
two
years
whatever
and
you'd
be
leaving
that
variance
in
place,
and
that's
why
I'm
asking
that
question?
It's
always
easier
and
more
convenient
to
keep
it
without.
I
J
J
K
I
think
just
to
speak
to
the
point
about
the
variance
being
connected,
the
variance
being
with
the
property
is
that,
unfortunately,
it's
sets
of
precedents
for
other
properties
in
that
to
where
what
happens
when
your
neighbor
be
at
five
years
or
50
years
from
now
says.
Well,
we
want
to
do
a
big
game
room
or
something
like
this.
It
can
have
a
domino
effect,
I.
I
I
H
I
A
I
E
Yeah
I
think
the
our
understanding
is,
the
options
are
to
build
the
bathroom
within
the
existing
accessory
structure
or
within
the
or
add
to
the
existing
home
or
within
the
existing
yeah
I
understand
there
and
they
may
not
be
the
the
best
options
for
her
particular
situation.
But
there
are,
there
are
other
options.
E
A
G
I
We
we
basically
haven't
used
it
for
anything,
because
we
were
hoping
to
being
able
to
finish
off
the
room.
That's
there
and
adding
the
bathroom
to
it
as
opposed
to
just
going
ahead
and
finishing
and
finishing
it
off
and
at
the
bathroom,
taking
up
a
large
part,
its
usable
space
for
him
to
be
able
to
get
around
otherwise
they'll
finish
it
up
for
what
just
as
an
extra
space
for
him
right
now,
it's
it.
He
has
his
bedroom,
which
in
our
house
is
pretty
small
here
and
I
mean
this
is
a
48
year
old
man.
I
G
K
I
see
that
the
plan
does,
and
we
do
try
not
to
you
know-
become
architects
here,
of
course,
but
I
do
see.
The
plan
is
for
a
full
bath
and,
as
this
and
I
completely
understand
the
need,
for
you
know
him
to
have
his
private
getaway
kind
of
space.
You
know
his
own
man
cave
what
about
the
option
of
a
of
a
half
bath
for.
I
E
I
E
I
L
L
I
guess
if
you've,
if
you've
been
a
member
of
a
Board
of
adjustments
or
something
if
it's
a
all,
yes
or
all,
no
I
guess
my
question
would
be
if
there
was
a
negotiation
point
of
perhaps
limiting
and
because
you've
mentioned
a
couple
of
times,
it's
a
little
addition
which
compared
to
a
big
house,
it
would
be
a
little
addition,
but
to
a
200
square
foot
structure.
An
additional
120
square
feet
is
almost
doubling
it.
You
know,
hypothetically.
J
J
I
C
J
You
believe
me
I,
understand
what
you
what
you'd
like
to
do
and
I
feel
for
you,
I'd
love
to
you
know.
I
know
this
would
be
great
for
them
to
have
a
place
to
to
stay
and
have
but
you're
almost
making
this
to
where
it
looks
like
it
could
almost
be
a
second
auxilary
home.
It
is
it's
just
without
a
kitchen,
no
I
know,
that's
not
your
intention.
What.
I
So
to
your
point,
we
certainly
can
can
scale
it
back
from
that
drawing
and
we
don't
need
a
shower
in
there,
but
to
have
a
toilet
and
sink
to.
The
other
point
that
was
made
would
be
helpful
if
we
could
bump
that
out
and
not
have
it
be
in
the
in
the
room
proper
so
that
we
don't
have
to
build
walls
around
it,
which
again
just
kind
of
reduces
the
amount
of
ambulatory
space
that
he
has.
A
G
E
It
still
exceeds
the
maximum
because
the
existing
structure
is
at
200
square.
The
existing
accessory
structure
is
at
the
maximum.
You
know.
Any
increase
to
that
footprint
is
is
increasing
above
that
maximum
allowance,
and
you
know,
without
the
the
hardship
due
to
the
shape
of
the
property,
the
typical
hardship
issues.
Our
recommendation
would
still
be
the
same.
J
J
You're,
just
not
giving
at
least
me
a
avenue
for
me
to
accept
I'm.
Sorry,
you
know
looks
like
I
said:
we
can't
make
decisions
on
a
specific
incident
and
it
stays
with
the
property
understand.
So
what
you're
doing
is
you're
asking
for
a
variance
for
your
son,
but
it's
a
it's
an
addition
to
the
home
that
makes
it
almost
into
like
another
apartment.
I
know
you
don't.
A
K
A
Let
me
say
something:
I,
just
quote
from
the
Kotov,
or
does
it
hope?
It's
not
a
legal
advice,
but
the
code
says
in
determining
whether
to
grant
a
variance
the
board
shall
not
consider
any
evidence
that
is
based
upon
conditions,
including
financial
or
health
conditions,
which
are
personal
to
the
applicant
or
any
member
of
the
applicants,
family
or
household.
J
J
A
H
I
would
like
to
ask
you
if
you
would
to
go
to
the
City
Commission
and
ask
them
to
change
our
rules
of
procedures
that
we
can
consider
situations
like
yours.
We've
been
trying
to
get
that
rule
changed
and
if
so,
if
you
would
speak
to
your
commissioners,
please
and
ask
them
to
change
that,
because,
in
my
view,
that's
a
ridiculous
adherence.
A
E
Yes,
this
application
is
for
three
part
variance
to
reduce
the
required
side
street
side.
Street
yard
and
rear
setbacks.
Allow
for
the
construction
of
a
single-family
residence
on
a
non-conforming.
A
lot
of
record.
The
property
is
zoned
single-family
residential
district
are
seventy
a
it's
located
at
butler
court
and
sunshine
drive.
E
The
applicant
is
requesting
this
variance
in
order
to
build
a
house
that
he's
submitted.
There
are
plans
in
the
packet
that
show
the
survey
of
the
property
and
the
plans
it
shows
illustrates
pretty
well
what
we
considered
to
be
the
unique
feature
of
this
property
and
that's
the
width
of
the
property,
the
side,
side,
yard
setback,
which
would
be
a
it's
out
of
corner
lot.
So
it
would
also
be
the
street
yard
has
a
curve
to
it,
which
it's
an
unusual
shape
that
narrows
the
width
of
a
lot
at
the
center
of
the
law.
E
And,
of
course,
you
can't
build
a
house
or
typically
can't
build
a
house
with
curves
that,
typically
with
right
angles.
So
we
do
find
that
there
is
a
hardship
on
this
and
and
based
on
the
criteria
and
that
bad
those
factors
that
we
mentioned.
We
are
recommending
approval
of
this
variance
again.
It
is
for
three
part
variance
for
the
side
street
setback
and.
E
E
E
A
Okay,
thank
you,
I
imagine.
There
are
some
people
in
the
audience
who
wish
to
speak
on
this
item,
but
our
procedure
is
for
the
board
to
ask
questions
first
of
the
staff
and
then
the
applicant
can
be
heard,
and
then
we
have
cross-examination
and
we'll
proceed
from
there
is
that
okay,
so
any
board
questions
at
this
time.
A
J
E
J
E
A
M
L
E
At
the
bottom
of
page,
one
section,
two
20
point
O
two
regarding
non-conforming
lots
of
record
paragraph
F
of
that
paragraph
beyond
started
at
the
top
of
page
two
says
that
if
at
any
time
the
owner
of
such
non-conforming
Lots
owns
adjoining
unimproved
land,
then
the
lot
or
land
shall
be
combined
to
meet
the
minimum
requirements
of
this
code.
Again,
this
is
a
non-conforming
law.
E
E
D
E
D
K
F
E
L
E
K
C
M
This
is
an
older
subdivision,
many
of
the
Lots
out
there
non-conforming.
My
client
is
a
developer
with
the
intent
of
building
several
houses,
like
all
the
Lots
out
there,
I
guess
without
all,
but
I
would
imagine
most
of
them
if
not
all
of
them
are
non-conforming.
If,
if
I
bought
lot
a
to
build
a
house
that
I
decided
I
wanted
a
lot
lot
be
next
to
me,
which
is
a
non-conforming
lot,
I
think
what
I
think
is
somebody
suggesting
is
now
I
can't
build
a
house
on
lot.
One
I'd
have
to
actually
build
use.
M
The
second
lot
that
I
bought
as
as
part
of
constructing
the
first
lot
in
that,
and
that,
if
you
start
doing
that,
then
anybody
who
buys
a
lot
it
bites.
It
adjacent
lot
to
build
a
couple
houses
any
developer,
because
they're
non-conforming
Lots,
then
you're
gonna
force
that
person
to
have
to
you
know,
build
one
house
and
and
and
that's
not
the
intent,
that's
not
actually
the
way
that
subdivision
is
has
been
developed
over
the
years.
E
M
This
was
approved
prior,
but
the
setbacks
were
actually
greater.
Our
setback
request
is
a
lot
smaller
I
think
one
is
one
foot
one
inch
and
the
other
is
11
inches.
That's
that's
the
variance
that
were
requesting
with
regard
to
the
setback
requirements.
The
previous
approved
variance
was
was
a
lot
larger
as
far
as
setback
request.
So
this
is
actually
we've
come
in
and
asked
for
less
of
a
encroachment
on
to
the
setback.
Then,
then,
previously,
granted
by
this
board.
A
N
N
N
D
I
apologize
I
just
want
to
for
clarification
that
granting
of
a
variance
for
any
individual
application
does
not
set
a
legal
precedent
for
future
application,
because
you
are
required
to
evaluate
each
individual
application
on
its
merits
and
the
evidence
that's
presented
at
the
hearing
on
the
individual
application
based
on
the
property
itself
and
not
on
the
surrounding
properties.
You
are
not
at
risk
of
setting
any
type
of
legal
precedent
for
any
future
applications
that
come
before
you.
A
C
A
O
C
O
O
O
And
I,
actually
truth:
I
wasn't
even
aware
that
the
this
whip
is
non-conforming
lad.
My
concern
was
the
offsets
because,
as
you
build
a
bigger
home,
you
have
more
runoff
because
there's
not
enough
area
in
the
grass
or
whatever
to
absorb
water.
Now
I
know
you
say
that
you
know
the
study,
blah
blah
blah,
but
physics
is
physics
right.
If
I'm.
O
C
J
O
My
definition
of
a
blah
blah
blah
is
once
you
get
the
variance
you
get
the
variance
right.
So
any
runoff
issues
at
that
point
well
will
do
with
the
with
the
building
permit.
So
we'll
deal
with
down
the
road.
We're
kicking
the
can
down
the
road
I'm,
not
happy
with
that.
Okay
I
want
I.
Would
rather
it
be
settled
here,
and
the
runoff
is
a
problem.
It's
going
to
affect
my
property
value
both
of
my
home
and
for
my
my
lap
behind
my
home,
okay,
it
was
stated
earlier.
That's
in
general
home.
O
The
plots
on
the
Noi
court
are
not
conforming.
It's
absolutely
not
true.
I
have
a
60
by
100
lot,
conforming.
Okay,
every
house
that
on
my
block,
is
conforming.
Of
course
the
street
is
conformed.
It
may
be
some
that's
not
conforming
down
on
the
on
the
actual
lake
I.
Don't
know,
I
have
imagined
those
so
to
come
and
say
that
everything
is
conforming
are
not
conforming.
It's
just
not
true.
O
Additionally,
most
of
the
houses
in
this
area
are
like
1,500
square
feet.
My
home's
about
1,500
square
foot,
we're
gonna,
stop
building
McMansions
again,
it's
gonna
change
the
character
of
neighborhood
and
again
it
will
affect
my
property
value.
I'm
gonna
have
four
giant
houses.
Looking
down
on
me,
no
no
good.
O
O
G
O
G
O
G
O
G
K
O
K
E
J
H
J
Mcmansion
from
a
1,500
square
foot
house
in
your
neighborhood
to
a
5,500
square
foot
house
I
would
agree
with
you
to
change
it
from
a
1,500
square
foot
house
to
a
even
if
you
say,
1600
square
foot
house,
because
you're
adding
less
than
a
foot
or
a
foot
is
not
going
to
change.
The
runoff
amount.
Might.
J
C
J
O
J
J
Then
one
person
at
a
time
please
yeah
I'm.
This
is
what
I'm
trying
to
explain
to
you
so
that
you
understand
what
you're
asking
us
to
do.
We
cannot
decide
whether
they're
allowed
to
or
not
allowed
to
build
a
house.
Okay,
you
follow
me
with
that.
I
do
what
they
are
allowed.
What
they're
asking
for
is
a
variance
to
change
it
by
a
foot
or
two
I
understand.
O
J
J
A
O
Year's
problem
there's
nothing
really
different
to
say.
Obviously
they
have
the
right
to
build
a
home.
They
own
the
property
they
should
build,
should
be
able
to
build
a
home.
I
agree.
My
contention
is
that
they
should
build
it
within
the
rules
of
the
zoning.
I,
don't
even
need
a
variance
I
think
they
should
adjust
their
plans
to
build
it.
On
the
you
know
the
existing
within
the
existing
rules,
and
if
that
means
combining
lots-
and
that's
fine
with
me
too,.
A
D
Comment
just
for
the
benefit
of
the
public,
because
I
know
the
board
knows
this,
but
there
was
mention
of
stormwater
and
permitting
would
have
to
be
done
by
the
building
department.
Also,
they
have
to
get
permits
through
swift
mud.
This
board
does
not
determine
whether
or
not
the
stormwater
runoff
is
appropriate
or
not,
so
they
make
no
determination
as
to
whether
or
not
the
plans
meet
with
any
other
state
agencies
or
the
city's
stormwater
plan.
A
I'd
like
to
ask
a
couple
of
questions
about
the
trees
I
see,
there's
some
I
think
I
counted
seven
oak
trees
on
the
property,
according
to
your
tree
survey
and
the
house
is
going
to
take
away
several
of
them
at.
Is
that
gonna?
Mr.
Cooper,
you
want
to
address
that
I.
Don't
you
got
a
just
on
the
record
you
come
on.
A
A
O
A
A
A
E
E
The
rear
yard
of
the
principal
structure
is
currently
28.8
beat.
The
request
is
to
reduce
the
rear
setback
to
18
feet.
The
subdivision
was
plaited
in
1957,
the
residents
on
the
property
was
constructed
in
1987,
since
the
principal
structure
does
not
meet
the
current
setback
requirements,
it
is
currently
considered
an
on
a
legally
existing
non-conforming
structure.
E
We
have
reviewed
this
application
again
for
the
criteria
for
granting
of
variance
the
hardship.
In
this
case.
The
unique
aspect
of
it
in
regard
to
the
criteria
is
see
irregular
irregular
shape
of
a
lot.
It
is
a
cul-de-sac
full
the
sec
lot
that
does
not
move
the
100-foot
minimum
lot
depth.
The
requirement
of
the
zoning
district
so
based
on
based
on
that
uniqueness
of
the
property
and
the
other
criteria
of
the
district
staff
is
rector
of
this
application.
Rather,
staff
is
recommending
approval
of
the
variance
with
the
standard
two
year
expiration
date.
Okay,
thank.
C
E
E
A
J
B
A
E
The
applicant
is
requesting
approval
for
the
construction
of
a
10-foot
high
trellis.
The
maximum
requirements
for
fences
is
6
feet,
so
the
applicant
is
requesting
this
variance
request
party,
the
property
appraiser,
the
record
records
a
home
was
constructed
in
1987,
and
the
patio
was
added
on
this
property
in
2005.
E
Staff
has
reviewed
this
request,
and/or
compliance
with
the
criteria
and
we
are
recommending
denial
primarily
there's,
not
a
the
the
applicant
is
not
the
applicant
is
not
submitted
evidence
of
a
hardship.
There
are
other
options
to
a
10-foot,
high
fence
or
trellis.
There
is
the
option,
of
course,
to
do
landscaping.
L
E
A
K
E
K
E
C
A
D
F
Okay
hi,
my
name
is
Cathy
Hallett
9
live
at
305,
Bay,
Street
and
I
have
came
to
paperwork
here,
but
anyway,
I
I
want
to
give
you
the
definition
of
a
trellis
before
I'd
start
by
Webster's
dictionary,
a
trellis,
a
frame
of
cross
strips
of
wood
on
which
vines
or
other
climbing
plants
are
grown.
Lattice
nuts
by
mr.
Webster,
okay,
I
I,
do
have
pictures
that
you
can
pass
around
wait
a
minute.
I'll
get
those
of
my
backyard.
F
F
I
am
going
to
read
because
I'm
nervous,
I'm,
saying
I
am
requesting
a
variance
for
my
10
foot
tall
garden
trellis
that
I
have
always
called
a
trellis,
never
offense,
so
that
I
do
not
have
to
look
at
my
neighbor's
two-story
garage
built
of
cinder
blocks,
which
abut
directly
to
my
property
line.
This
is
an
intrusive
structure,
creates
a
20
foot
tall,
solid
Creek,
concrete
wall
towering
over
my
little
patio
area.
It
is
also
disturbing
that
inside
my
house,
my
bedroom
and
bathroom
shower
is
visible
from
the
second-story
windows
of
this
garage.
F
I
have
pictures
of
you
that
I'm
passing
around
the
Planning
and
Zoning
Department
has
recommended
that
my
variance
be
denied
the
analysis,
paragraph
1
of
the
Planning
and
Zoning
Department's
report
states
staff
does
not
find
that
the
site
conditions
would
constitute
a
hardship
to
the
landowner.
I
respectfully
just
disagree
with
its
analysis,
because
the
construction
of
this
20-foot
garage
has
created
an
unsightly
physical
surrounding
which
has
deterred
me
from
my
patio.
I
have
enjoyed
my
backyard
patio
for
many
years
in
the
winter,
a
nightly
sitting
enjoying
the
ambience
of
my
flowers
and
garden.
F
This
ambiance
has
been
eliminated
by
the
erection
of
this
structure,
so
I
believe
the
site
condition
has
caused
me
hardship.
Also
in
its
report,
the
Planning
and
Zoning
Department
suggests
that
I
install
to
all
landscaping
as
a
solution
to
my
problem
in
the
area
where
I
have
the
trellis
I
have
a
three-year-old
a
Tabua
tree.
I
think
that's
in
one
of
my
pictures
and
I
do
not
have
enough
room
between
my
tree
and
the
neighbors
fence
to
plant
anything
large
enough
which,
without
encroaching
on
my
tree.
F
Therefore,
a
vine
cover
trellis
is
a
unique
and
beautiful
backdrop
to
my
garden.
Hopefully,
my
Tabua
tree
will
fill
out
the
area
above
the
trellis
someday
and
I
will
have
much
my
much
required
and
enjoyed
privacy
again.
I
would
also
like
to
point
out
that
there
are
other
neighbors
who
have
trellises
that
exceed
six
feet.
I
have
pictures
of
some
of
those
that
I'm
sure
they
did
not
get
I'll
pass.
Those
to
you.
F
It
is
not
my
intention
to
get
anyone
in
trouble.
I
am
trying
to
demonstrate
my
position
either
these
neighbors
didn't
get
a
permit
or
were
given
a
permit
to
put
up
their
trellis,
which
is
all
all
I
am
asking
for
to
fix.
My
problem,
I
was
unaware
of
the
fact
that
I
was
supposed
to
get
a
permit,
otherwise
I
would
have
had
played
for
one.
F
I
have
lined
the
alley
side
of
my
patio,
with
flowering,
shrubs
and
plants
hiding
my
patio
from
passing
cars
and
neighbors
in
rebuttal
to
my
neighbors
opposition
to
my
trellis,
which
I
only
received
last
night
at
8
o'clock
at
night.
His
attorney
has
stated
that
mr.
Prado
reported
me
to
code
enforcement
because
I
encroached
his
property
with
the
installation
of
the
trellis
by
a
few
inches
tit
for
tat.
What
can
he
say?
I
had
complained
to
the
city
and
each
PPE
board
about
the
permit.
Mr.
Prado
was
given
the
20-foot
cinder
block.
F
F
The
HPB
Board
disregarded
the
historical
districts
guidelines,
as
stated
on
page
43,
to
49
of
the
historical
guidelines
distributed
at
City
Hall
I
also
assumed
mr.
Prado
cannot
see
my
trellis
from
his
home
only
possibly
one
small
window
in
the
site
of
his
his
construction.
Her
structure
I
have
not
made
an
issue
of
mr.
Prados
front
wall.
On-Base
tree
is
one
foot
over
my
property
line,
as
shown
I'm
mr.
Prados
recent
survey.
My
trellis
is
frequently
called
a
fence.
F
It
is
not
a
fence
and
I
told
you
that
in
the
beginning,
by
Webster's,
anyways,
Wow
well
I
fully
understand
that
the
garage
will
remain
standing,
as
is
I,
believe
my
trellis
is
a
simple
solution
to
help
alleviate
the
hardship
my
neighbor's
garage
has
created
for
me
with
no
harm
being
brought
against
my
neighbors,
so
respectfully
I
ask
the
board
to
consider
the
totally
of
the
situation
and
grant
me
my
variance
request.
Thank
you.
Thank.
G
G
F
G
G
G
F
It's
just
taken
away:
every
speck
of
privacy,
I
have
I,
can
stand
in
my
shower
and
look
straight
up
in
their
window.
I
can
lay
in
my
bed
and
look
straight
in
their
window.
It's
like
I've,
lived
there
20-some
odd
years
and
never
I've
loved
it.
I
love
my
house,
I
love,
my
neighbors
I
love.
My
neighborhood
and
I
have
never
been.
N
F
I
just
want
my
privacy
I
want
that
little
trellis
or
the
big
trolls,
as
you
put
it,
I
want
to
tell
us
to
come
up,
fill
it
with
vines
and
then
I
have
my
tree,
and
my
tree
will
eventually
cover
the
top
part.
I.
Just
don't
want
to
see
it.
I
want
to
be
able
to
enjoy
my
garden.
Just
like
you
can
see,
I
have
a
Darden,
he
doesn't
have
a
garden.
He
is
a
big
structure
in
his
backyard.
He's.
J
C
A
G
F
G
G
A
L
N
H
G
G
Kind
of
I
understand,
but
our
position
is
this:
we
can
just
because
you
don't
like
the
structure
or
because
you
have
the
trellis
and
you
can
put
palm
trees
to
decide
on
something
like
that.
We
have
to
decide
on
the
criteria
that
we
have
and
what
we
can
decide
on.
Whatever
parameters
we
have,
we
can
legislate
anything
right.
J
L
J
J
Just
see
what
you
can
do
to
rectify
this,
you
guys
are
going
to
live
together,
for
god
knows
how
long
together
it's.
This
is
not
something
that
I
want
to
be
in
between
I'm
just
trying
to
give
you
some
insight.
It's
right,
you
you're
going
into,
and
you
even
used
the
words,
a
tit
for
tat.
You
put
it
on
his
property.
Then
now
he's
gonna
tell
you,
take
it
off
the
property
right.
Why
don't
you
just
well.
F
We
have
taken
it
off
the
property
and
it
was
I
talked
to
his
his
surveyor
right.
I
I
called
him
and
I
left
a
message,
and
he
called
me
back
in
a
couple
of
weeks
and
we
had
already
moved
the
trellis
in
about
like
that.
Far
into
my
yard
and
and
it
it
took
three
men
to
move
it,
because
it's
very
big,
very
heavy,
and
he
said
it.
It
only
had
to
be
moved
for.
F
A
F
M
Couscous
six
two
three
he's
tarpon
Avenue
I
represent
the
neighbor,
a
301,
Bay,
Street
and
I,
and
I
will
comment
that
your
yard
is
beautifully
landscaped,
so
that
I
will
comment.
But
obviously
we
have
some
issues:
I'm,
not
here,
to
address
the
structure
because
again
that
was
that
wit
through
Historic
Preservation
Board.
It
was
granted.
M
M
Okay
on
all
three
sides:
it's
a
trellis,
okay
and
I-
think
it
sets
a
slippery
slope,
because
if
you
grant
this
or
acknowledge
this
as
being
a
trellis,
then
I
think
everybody
who
doesn't
like
the
person
next
door
will
will
build
the
ten-foot
structure.
And
if
you
look
at
it's
a
it's,
not
a
little
piece
of
you
know:
wood!
That's
it's
it's
a
massive
structure,
and
so
you
know
in
talking
to
my
client.
M
He
says
you
know
what,
if
they
see
that's
a
trellis
I
may
want
to
put
a
truss,
because
you
know
what
I
may
not
there's
some
things
on
the
back
of
me
or
the
side
of
me
that
I
may
want
not
want
to
look
at
so
I
may
want
to
build
something
ten
foot
as
well.
So
it's
a
slippery
slope
that
that
you
would
be
setting
as
a
precedent
if
you
approve
this
application
again.
You've
done
a
beautiful
job
with
her
backyard.
M
Okay
and
and
my
suggestion
and
I
think
it
was
acknowledged
by
the
city
and
some
of
the
members
of
the
board
was
changing
up
the
landscape
and
I
know
you
love
your
tree,
but
maybe
there's
other
types
of
landscaping
that
you
could
put
to
obstruct
that
bat
structure.
It's
not
a
you
know
a
lot
of
these
older
homes
back
in
the
day
had
they
called
carriage
carriage
houses
in
the
back.
M
They
had
the
where
the
carriage
or
the
garage
was
underneath
and
they
had
quarters
upstairs
and-
and
that
was
actually
consistent
with
some
of
the
older
homes
back
in
the
day
and
actually
back
in
the
fruit
bowl
that
they
had
carriage
houses
in
the
back
and
I.
Think
that's
why
the
historian
I'm
gonna
get
I'm
not
try
to
revisit
across
historical
society,
but
that
may
be
one
of
the
reasons
that
they
granted
this
then
because
they're,
worse
carriage
houses,
there's
still
some
carriage
houses
back
in
that
neighborhood.
M
Q
Q
She
loves
her
house.
She
loves
her
neighbors.
She
does
and
has
been
very
upset
about
this
so
when
she
refers
to
it
as
a
hardship,
it's
more
that
she
can't
sit
on
her
patio
and
it's
like
right
there.
This
I
mean
it's
a
four
foot:
six
foot
you're
sitting
here
you
go
up
a
little
bit
higher.
At
least
it's
not
so
in
your
face,
but
right
now
it's
just
like
a
solid
wall
right
there.
Q
Yes,
it's
hard
from
the
house
and
stuff
like
that
she
can
get
some
curtains
and
whatever,
but
that
won't
change
the
fact
that
her
little
patio,
which
you
know
my
kids,
grew
up
sitting
there
and
I
mean
we
use
it
all.
The
time
is
now
you're,
like
you
got
this
big
old
ugly,
all
right
this
big
concrete
thing,
just
overtaking
this
beautiful
little
garden,
and
so
it's
true
legal,
the
the
building
all
that.
Q
But
this
is
just
a
simple
solution
that
harms
nobody
and
she
even
says
it
doesn't
set
precedent
because
everything's
judged
individually,
the
circumstance
is
just
one
and
it's
not
huge,
but
one
trellis
growing,
some
vines
on
it
actually
helping
the
neighbor.
All
the
neighbors
not
look
at
this
big
monstrosity
and
making
it
pretty
she's
not
trying
to
harm
anybody,
and
she
even
has
neighbors
that
support
her
I
mean
she's
just
trying
to
fix
her
solution
and
it's
not
harming
anyone
and
as
far
as
building
I,
don't
know
how
you
did
palm
tree.
Q
D
Mr.
chairman,
while
he's
walking
up,
can
I
make
a
brief
patient
I
did
state
something
earlier
with
regard
to
the
definition
of
offense.
This
board
doesn't
have
the
distant
to
make
sure
I
clarified,
because
I
may
have
misspoken.
The
board
doesn't
have
the
ability
to
define
what
a
fence
is,
so
the
board
is
not
here
to
interpret
the
code.
Staff
has
already
determined
that
this.
What
we
keep
calling
a
trellis
is
a
fence.
D
R
R
It's
there
for
visual
and
you're,
saying
in
here
that
you're
asking
that
or
making
the
suggestion
that
Kathy
could
plant
some
landscaping
and
I.
Think
all
she's
trying
to
do
is
expedite
that
by
having
this
trellis
to
have
something
be
able
to
cling
to
it,
she
can't
do
hedges.
It
says
it
right
here
for
whatever
reason
and
the
board
also
made
mention
they
asked
if
this
would
be
or
could
be
a
temporary
structure.
What
would
the
difference
in
that
be
if
she
were
to
say
I'd
like
this
to
be
up
for
a
five
year?
R
K
D
J
H
H
E
H
E
E
G
G
H
J
G
G
E
D
I
can
interrupt
a
lot
of
these
hypotheticals
or
what
ifs,
or
could
she
do
this
or
whatnot?
They
are
just
that
they're
hypotheticals,
it's
not
something
that
you're
supposed
to
be
considering
right
now.
If
these
types
of
applications
come
to
the
city
and
they
require
variants,
they
will
come
before
this
board,
but
as
of
right
now,
none
of
this
is
relevant
to
the
application.
That's
before
you
and
cannot
be
considered
when
making
your
decision
on
this,
bearing.
C
A
K
D
It's
not
applicable
legally,
the
definitions,
no
I'm.
Sorry,
the
the
definitions
that
are
set
forth
in
the
code
are
the
only
definitions
that
are
applicable
to
any
of
the
variances
in
the
land
development
code.
Trellis
is
not
separately
defined
and
the
structure
that
has
been
presented
has
already
been
determined
by
the
city
that
it
fits
the
definition
of
offense.
This
board
cannot
change
that.
The
city
has
already
said
this
is
a
fence.
We
are
analyzing
it
as
a
fence.
D
C
A
M
Sure
they're
gonna
paint
it
they're,
not
gonna,
leave
it
cinder
block
but
I'm
sure,
maybe
I,
don't
know
what
the
exterior,
whether
it's
gonna
be
stuccoed
and
painted,
or
just
painted
I
I
suspect
that
I
mean
he's,
got
a
nice
house
in
front,
so
I
suspect
that
whatever
he
does,
it
will
be
coordinated
with
the
front
of
the
house.
I
hope.
A
M
A
C
A
I'm
just
wondering
what,
if
that's,
but
okay,
I'm
sure
it
is
I'm
sure
I
haven't
I,
think
it's
fine
I
just
wondered
if
what,
if
it's
14
feet
in
the
front
yard,
you
can't
have
something
ten
feet
in
the
back
here,
but
we
do
have
laws.
This
can
understand
the
laws
state
that
you
can
have
a
two-story
garage,
for
example,
and
a
certain
setback
and
the
laws
also
state.
A
You
can
only
have
a
six-foot
gorab
fence
in
the
rear
yard,
and
you
can
deviate
from
that
by
appealing
to
this
board,
if
you
can
hand
show
with
evidence
that
that's
justified,
we
can
do
it,
but
I
just
don't
see
it.
In
this
case
myself,
you
have
other
ways
of
solving
the
problem
which
we
really
shouldn't
be
getting
into.
We've
talked
about
it
a
lot.
A
lot
of
cities
do
have
huge
walls
and
they're
only
put
electrified
fences.
We
don't
do
that.
A
G
K
A
M
Q
D
A
Okay,
well,
thank
you
for
your
patience.
Everyone
next
up
is
item
9.
The
minutes.
I
have
a
comment
on
page
7
take
it.
Others
have
to
I
hope,
I
didn't
say
this,
but
it's
a
minutes.
This
way
that
I
was
quoted
as
saying
what
the
sidewalks
he
further
mean
me
indicated
that
sidewalks
should
not
be
placed
on
public
property.
I
think
I
said
should
only
be
placed
on
public
property
or
whatever
it.
If
I
misstated,
it
is
my
fault
but
I.