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From YouTube: Board of Adjustments January 22, 2020
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A
A
A
A
A
E
This
is
a
quasi
judicial
proceeding
where
the
Board
of
Adjustment
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
out
of
quasi
judicial
hearing.
It
is
not
the
board's
function
to
make
law,
but
rather
to
apply
law
that
has
already
been
established
and
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.
E
The
board
may
only
consider
evidence
at
this
hearing
that
the
law
considers
competent,
substantial
and
relevant
to
the
issues.
If
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
established
in
the
code
of
ordinance,
then
the
Commission
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
keyboard
is
required
by
law
to
find
against
the
applicant.
F
G
A
B
G
Luisa's
representing
staff
comments.
This
is
for
a
six-month
extension
to
a
variance
to
reduce
the
front
and
rear
yard
setbacks
in
order
to
accommodate
a
single-family
residence.
The
variance
was
originally
approved
on
jenny
january
24
2018,
the
various
authorized,
a
reduction
in
the
front
yard,
setback
from
25
feet
to
14
feet
and
the
rear
yard
setback
from
30
feet
to
15
feet
for
the
construction
of
a
single-family
residence
on
the
parcel
that
had
contained
a
single-family
residence
that
also
did
not
conform
to
the
minimum
front
and
rear
yard
setbacks.
G
The
applicant
has
not
secured
the
necessary
permits
to
construct
the
residence
and
the
variance
is
set
to
expire
on
January
24th
2020.
The
applicant
is
seeking
a
one-time
six-month
extension
of
the
variance
to
move
to
move
forward
with
plans
for
the
property.
The
applicants
request
for
extension
was
received
on
November
20th
2019.
If
granted,
the
new
expiration
date
from
the
for
the
variance
would
be
July.
24
2020
staff
recommends
that
the
Board
of
Adjustment
approved
this
request
for
a
one-time
six-month
extension
for
variance
case
number
17
1:29.
B
B
B
When
we
first
got
this,
they
said
you
have
two
years
and
I
thought
I'll
be
swimming
in
the
pool
a
year.
From
now,
after
having
two
architects
and
probably
spent
in
$10,000,
we
found
a
model
that
we
liked
and
proceeded
with
this
builder
just
to
go
forward.
So
it's
it's
unfortunate
delay.
My
apologies
are
the
board
to
have
to
come
here
and
ask
for
this
variance.
A
F
A
A
B
A
E
A
E
G
A
E
F
A
G
This
is
an
application
for
variance
to
reduce
some
minimum
rear
yard
setback
from
20
feet
to
seven
and
a
half
feet
for
the
construction
of
a
two-family
dwelling
on
a
vacant
parcel.
This
is
located
at
the
northwest
corner
of
toques
Road
and
lagoon
Road.
It
is
zone
one
and
two
family
residential
district
are
seventy
with
the
future
land
use
of
our
you,
residential
urban.
The
subject
parcel
had
at
one
time
contained
a
single-family
dwelling
which
has
been
demolished.
The
parcel
does
comply
with
the
dimensional
standards
of
the
r70
district,
in
which
it
is
located.
G
We've
reviewed
this
for
compliance
with
the
criteria
for
granting
variances
of
section
2015,
0.02,
B
and
I'll
to
go
over
our
findings
briefly.
The
first
is
the
first
criteria
is
a
need
for
the
requested
variance
arises
out
of
the
physical
surroundings,
shape
topographical
conditions
or
other
physical
or
environmental
conditions
that
are
unique
to
the
specific
property
involved
and
which
do
not
apply
generally
to
property
located
in
the
same
zoning
district.
As
we've
noted,
the
subject
parcel
does
comply
with
the
dimensional
standards
of
the
r70
zoning
district
in
which
it
is
located.
G
It
is
a
corner
lot,
however,
there
are
no
other
physical
or
environmental
conditions
that
are
unique
to
the
property.
The
second
criteria
is
that
the
condition
or
special
circumstances
particular
to
the
property
have
not
been
self
created
or
have
not
resulted
from
an
action
by
the
applicant
or
with
prior
knowledge
or
approval
of
the
applicant.
Our
finding
is,
as
we've
noted,
there
are
no
conditions
or
special
circumstances
that
are
peculiar
to
the
property.
The
requested
variance
as
a
result
of
the
applicants
desire
build
a
two-family
dwelling
of
a
specific
design
on
the
subject.
G
Property
third
criteria
is
at
littoral.
Enforcement
of
the
requirements
of
the
comprehensive
land
development
code
would
have
the
effect
of
denying
the
applicant
reasonable
use
of
the
property
or
legal
code
legally
conforming
buildings
or
other
structures,
and
the
requested
variances
and
minimum
variance
that
would
make
possible
reasonable
use
of
the
property.
Our
finding
is
that
littoral
enforcement
of
the
minimum
rear
yard
setback
standards
would
not
deny
the
applicant
reasonable
use
of
the
property.
The
requested
variance
is
not
the
minimum
necessary
to
make
reasonable
use
of
the
property.
G
The
application
packet
doesn't
contain.
A
proposed
layout
of
the
site
and
and
the
opinion
of
staff
it
is,
there-
are
other
building
configurations
that
would
allow
reasonable
use
of
the
property
as
either
a
single-family
residence
or
a
duplex
or
a
two-family
dwelling
unit
which
are
both
allowed
in
that
zoning
district
and
which
would
comply
with
the
yard
setback
standards
of
the
zoning
district.
The
third
criteria
is
a
granting
of
the
variance
will
not
confer
any
special
privilege
that
is
not
allowed
for
other
lands,
buildings
or
structures
in
the
same
zoning
district.
G
Our
finding
is
that
the
granting
of
the
variance
would
allow
encroachment
into
the
rear
yard
setback
on
a
lot
that
meets
the
minimal
minimum
dimensional
standards
of
the
r70
zoning
district.
This
sort
of
encroachment
is
not
commonly
enjoyed
by
other
properties
in
the
area
and,
finally,
the
granting
of
the
variance
will
not
substantially
diminish
property
values
in
the
surrounding
area.
Our
finding
is
a
granting
of
the
variance
for
the
rear
yards.
Encroachment
would
not
be
expected
to
significantly
affect
property
values
in
the
surrounding
area,
nor
substantially
affect
adjacent
properties.
F
Have
one
question
the
continuous
lots?
4302?
Oh
three:
oh
four,
oh
five
of
six
or
seven,
oh
eight
and
this
one's
4309
I
when
I
drove
by
I
couldn't
unless
I
violated
people's
private.
They
trespassed
I,
couldn't
see
whether
any
of
those
properties
had
received
variances
for
structures
and
from
what
I
just
heard
you
read.
Is
that
correct,
they're
all
built
within
the
minimum
setbacks.
G
E
H
G
A
D
E
G
D
D
G
A
A
K
K
K
K
E
Why
there's
no
affidavit?
The
affidavit
is
usually
filled
out
if
the
property
owner
is
asserting
that
they
own
the
property
and
they
give
an
agent
the
ability
to
represent
them
in
front
of
the
board.
Since
she
is
representing
herself
and
we
verified
that
she
she's
testified
that
she
is
the
property
owner.
She
didn't
need
to
sign
an
affidavit.
D
K
D
K
I
K
K
There
used
to
be,
apparently
from
years
prior
there
used
to
be
a
septic
tank
there
and
I'm.
Only
thinking
there
was
a
20
foot.
Setback
was
because
of
a
septic
tank
that
was
put
in
before
my
time.
So
there's
no
need
for
me
to
even
have
that
type
of
setback
number
one,
because
I
am
able
to
get
sewage
on
the
property
Perth
utilities.
Here
my.
K
K
I
I
A
E
For
your
purposes,
of
course,
you
can
consider
this,
and
if
you
do
choose
to
grant
the
variance
you
can
put
conditions
on
the
variance
and
one
of
those
conditions,
as
you've
done
in
the
past,
can
be
that
based,
you
know,
condition
it
on
based
on
the
boundary
survey
that
was
presented
at
the
hearing.
As
long
as
that
is
true
and
accurate
on
the
final
official
copy,
then
the
variance
can
be
granted
based
on
that
and.
K
K
It's
approved,
then
it's
gonna
say
I'm
not
going
to
make
changes
again
is
if
you
don't
approve
it.
If
you're
not
giving
me
my
seven
and
a
half
feet,
then
he'll
have
a
saved.
You
want
to
give
me
ten
feet.
Then
he'll
have
to
make
changes.
He
he
he.
This
layout
is
based
on
the
seven
and
a
half
feet.
Okay,.
K
K
I
I
K
G
I
K
Granted
because
a
lot
is
very
narrow,
you
only
have
31
feet
from
front
to
back
with
the
easement
a
25-foot
in
the
front,
and
you
got
a
20-foot
in
the
back,
which
makes
no
sense
at
all
that
that's
kind
of
ludicrous
really
have
something
like
that.
That
much.
The
only
reason
why
I
think
that
the
attack
was
like
that
was
because
there
was
a
septic
tank,
there's
no
septic
tank,
so
I
don't
need
a
septic
tank
and
you
still
got
enough,
but
utilities
utilities-
that's
usually
an
easement
like
that
is
for
utilities.
K
I
I
read
something
to
you:
okay,
I!
Don't
want
to
go
through
all
five
because
it
was
read
by
staff
but
number
three.
Just
let's
deal
with
just
that:
okay,
it's
as
literal
enforcement
of
the
requirements
of
city
of
Tarpon
Springs,
comprehensive
land
development
code
would
have
the
effect
of
denying
the
applicant
you
of
reasonable
use
of
the
property.
So
you
could
build
the
smaller
property
correct
and
not
have
to
I'm.
Just
asking
a
question:
you
could
build
a
smaller
property
and
not
you
would
still
have
reasonable
use
of
that
land.
Correct
again.
I
I
Let
me
let
me
try
it
this
way,
just
and
I'll
just
give
up
after
that.
If
your
property
people
will
come
before
the
board
for
variance
because
their
property
is
so
odd
shape
that
they
cannot
build
anything
reasonable
there.
What
this
is
stating
is
you
can
build
something
reasonable,
but
you're
choosing
to
build
something.
That's
a
two
family
house.
Let
me
there's
my
point
and
you're
not
meeting
that
particular
criteria.
I
I
K
I
K
K
F
E
K
K
E
E
E
So
there
there
are
criteria
listed
in
the
staff
report
and
staff
ultimately
recommended
denial
because
they
said
you
didn't
meet
the
criteria.
Your
your
job
here
now
is
to
provide
additional
evidence
to
this
board
that
conflicts
with
that
that
says
no
I,
otherwise
do
meet
these
criteria.
If
you
meet
them,
then
the
board
by
law
has
to
grant
your
variance.
If
you
don't
meet
them,
then
the
board
by
law
has
to
deny
your
variance.
So
your
position
here
today
is
to,
as
mr.
H
H
E
Not
the
election
of
the
applicant
if
the
applicant
chooses
to
continue
the
application
until
the
next
meeting,
she
can
certainly
do
so
when
you
do
continue
the
application.
We
need
to
make
sure
that
the
same
complement
of
members
of
the
board
are
available.
If
not
whoever
appears
on
the
next
board
needs
to
watch
the
video
so
that
they
understand
all
the
evidence
that
has
been
submitted
and
then
can
participate
and
vote
on
that
application
at
the
at
the
next
meeting.
But
it
is
at
the
election
of
the
applicant.
Do.
C
H
H
H
K
A
A
E
A
A
K
A
K
I
D
E
She
can
she
can
contact
Planning
and
Zoning,
but
I
will
I
will
advise
this
board
as
I've
always
advised
this
board
applicants
do
not
have
the
ability
to
indefinitely
continue
their
applications.
I
know
we
in
the
past.
This
board
has
done
it
for
one
or
two
meetings,
but-
and
this
is
for
the
benefit
of
the
applicant
to
you-
you
cannot
continue
it
indefinitely.
You
either
need
to
withdraw
your
application.
If
you
continue
to
move
it
month-to-month
and
resubmit
it
at
a
later
date,
or
just
let
the
board
decide
on
the
evidence
that
you've
presented
and.
K
E
K
I
K
I
To
help
you
they
have
been
self
created,
okay,
it
says,
or
have
resulted
from
an
action
by
the
applicant,
which
is
you
or
with
prior
knowledge
or
approval
of
the
applicant,
which
again
is
you
so
it's
saying:
if
none
of
these
things
happened,
then
we
can
look
at
that
criteria.
Well,
the
analysis
is,
as
noted
above
there
are
no
conditions
or
special
circumstances.
L
I
K
I
K
It
says,
like
I,
asked
before
I
even
bought
it
way
back
a
year
prior
to
there,
because
I
was
watching
the
property
for
a
year
and
where
everybody
had
opportunity,
when
it
was
on
the
property,
the
woman
was
for
sale
when
the
house
was
there
and
nobody
put
any
bids
on
it,
understanding
of
it.
So
anyway,
the
bottom
line
is
when
I
call
and
I
check
down
it
and
I
call
the
city
up
and
I
said,
have.
I
K
E
K
A
E
M
C
E
M
A
Is
not
for
tonight's
discussion,
I
would
I
would
recommend
that
you
get
with
the
city
staff.
She
once
sitting
right
over
here
or
you
can
contact
the
mayor
that
we
have
right
now,
which
is
Chris
a
lihue
SACEUR.
You
can
talk
to
the
city
manager,
mark
Lycoris
and
just
tell
him
about
your
concerns
and
I
get
it.
That's.
A
A
A
E
Understanding
from
my
understanding
from
the
applicant-
and
you
heard
the
testimony
here
today,
she
has
not
submitted
her
building
plans
to
the
permitting
Department
in
order
to
receive
a
building,
permit
she's
seeking
to
get
the
variance
first,
so
she
can
finalize
her
plans.
We
are
the
first
of
many
steps
and
this
this
board
cannot
consider
the
sewage
hookup
or
anything
like
that.
That.
A
E
G
H
A
F
F
A
I
A
E
N
A
L
J
Evening,
good
evening
and
I
look
forward
to
working
with
you
on
that
note:
I'm
John,
Bertrand,
the
city,
planner
and
I
will
be
presenting
staff
comments
for
application.
19
177
I,
Segway
177.
This
is
at
650,
East,
tarpon,
Avenue,
okay,
it's
zoned
residential
office,
a
multi
residential
unit
or
dwelling
unit
is
an
allowed
use
by
right
in
the
RO
zone.
L
F
H
H
N
N
So
I
was
asking
when
I
bought
a
building
to
go
for
eight
units,
but
they
told
me,
then
he
can
go
eight
units
and
we
were
upstairs
and
they
told
me
I
can
go
six
units
and
that's
what
I'm
trying
to
do
get
a
nice
beautiful
building
there
so
get
a
nice
furniture
not
extending
to
the
east
side.
Anything
on
I'm,
just
continuous
straight,
where
the
other
building
is
Martin,
marching
to
the
other
building
and.
H
N
F
One
building
sits
further
east
than
the
other
correct,
so
are
you
the
build
of
the
nor
the
southern
building,
sits
closer
to
the
east,
further
to
the
east
yeah,
but
you're
coming
off
of
the
building
closest
to
Tarpon
Avenue
the
north
and
using
all
that,
so
it's
not
a
parallel
wall.
You
one
unit
is
still
gonna.
Stick.
F
H
A
D
J
I
follow
up
with
a
few
quick
comments.
Please,
okay,
just
wanted
to
emphasize.
We
have
some
finding
effects
that
I
should
have
thrown
in
there.
The
request
is
to
authorize
a
reduction
to
the
minimum
side
yard
setback
from
twenty
to
ten
to
connect
the
front
building
towards
the
back.
We
discussed
that
for
the
purpose
of
redevelopment
into
the
new
multi
residential
unit.
J
The
variance
request
is
due
to
the
fact
that
the
two
existing
buildings
are
legally
non-conforming.
That's
the
way
where
they
were
both
in
1925,
which
is
a
unique
situation
to
this
law.
They've
already
got
the
existent
building
they're
going
for
an
opportunity
at
redevelopment,
which
is
going
to
be
a
property
improvement.
They
were
built
as
legally
non-conforming
structures
in
1925
prior
to
the
purchase
of
the
applicant.
J
A
D
A
D
F
Elliot
I
have
a
question:
okay
has
on
the
current
members
of
this
I'm,
just
gonna
say:
I'm
a
boards
I'm,
a
firm
believer
in
a
rotating
chair,
I
think,
is
a
great
opportunity
because
we
have
great
staff.
We
have
great
attorneys
to
allow
people
to
develop
their
their
skills
in
it.
Not
I
mean
fumble
through
it,
but
people
that
are
already
have
that.
So,
if
somebody's
been
serving
vice,
then
I
would
make
that
recommendation
that
crispy
nominated
as
chair.
Okay,.
E
A
A
L
Ribowsky
is
looks
like
he's
scheduled
to
serve
until
October
31st
2020,
so.