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From YouTube: Board of Adjustments September 22 2021
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A
A
C
D
E
This
is
a
quasi-judicial
proceeding
where
the
board
of
adjustment
acts
in
a
quasi-judicial
rather
than
a
legislative
capacity
at
a
quasi-judicial
hearing.
It
is
not
the
board's
function
to
make
law,
but
rather
to
apply
law
that
has
already
been
established
in
a
quasi-judicial
hearing.
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
applied
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
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
E
F
The
subject
property
is
located
off
of
athens
street
outlined
in
yellow
here
on
the
screen.
This
property
is
zoned
residential
multi-family,
as
well
as
the
properties
to
the
north,
to
the
south
and
on
the
east
side
of
athens
street,
there's
a
mix
of
commercial
zoning
and
then
across
the
street,
there's
r60,
which
is
one
and
two
families.
Zoning
the
applicants
are
proposing
to
start
constructing
new
single-family
home
on
the
subject,
property
and
they're,
requesting
two
variances
to
do
so.
F
F
F
F
It
is
non-conforming
in
both
lot
area
and
lot
width.
The
rm
district
would
require
a
minimum
area
of
7
000
square
feet.
This
site
is
only
4
000
square
feet
in
size
and
a
minimum
width
of
60
feet,
and
this
site
is
only
40
feet
wide,
so
it
is
significantly
smaller
than
what
would
be
required
today
if
it
was
planted
in
this
district.
F
The
applicant
did
provide
some
elevations
for
the
proposed
structure.
I
just
wanted
to
provide
those
to
you
and
highlight
where
the
front
staircase
is
shown
and
then,
when
looking
at
the
surrounding
context,
specifically
the
area
that's
outlined
in
orange,
this
area
does
have
a
lot
of
single-family
residential
homes
already
constructed.
They
were
built
back
in
the
early
1900s
and
1920s.
F
Just
to
give
you
some
ideas
about
the
context.
This
is
taken
from
google
street
view,
but
this
is
looking
north
along
athens
street
on
the
east
side
of
the
street,
which
is
the
same
side
of
the
street.
The
subject
property
is
located.
F
This
is
looking
the
other
direction.
Looking
south
the
subject.
Property
is
the
vacant
lot.
They're
labeled
and
I
want
to
just
point
out
here.
This
is
looking
north
along
athens.
Again,
this
property
isn't
within
a
flood
plain.
The
properties
or
the
homes
that
are
constructed
on
the
east
side
of
athens
street
are,
for
the
most
part,
built
at
grade
or
have
a
slight
elevation
with
a
structure.
When
you
do
look
across
the
street,
the
properties
themselves
have
been
elevated
at
some
point.
G
Thank
you
good
evening,
hi,
just
a
question
in
the
packet
that
was
provided,
there
was
a
copy
of
the
survey
and
in
the
survey
it
refers
to
this
lot
as
37
and
37a.
F
It's
always
been
the
37
37a,
so
technically,
like
two
lots,
but
it's
been
in
the
single
ownership.
F
A
F
I
well,
I
think
it
depends
on
the
situation
in
this
case.
This
lot
is
significantly
smaller
for
the
zoning
it's
in
the
it's
in
residential
multifamily
zoning.
When
you're
looking
in
this
particular
context,
there
are
a
lot
of
single-family
homes
in
the
same
zoning
district
they've
been
built
with
small
setbacks,
so
in
this
particular
case,
staff
did
feel
that
it
didn't
meet
the
criteria
for
the
variants.
F
I
I'd
have
to
look
at
the
the
survey
of
the
lots
in
the
surrounding
area
they're
pretty
much
consistent
in
size,
especially
on
the
east
side
of
athens
street.
So
it
might
it's
kind
of
hard
to
see
on
the
screen.
A
I
asked
that
because
of
criteria
four,
where
it
says
granting
the
variance
will
not
confer
any
special
privilege.
So
I
was
just
curious
if
the
other
properties
in
the
area
were
also
that
size.
A
F
We
have
not
received
any
emails
for
this
variance
request
and
then,
as
far
as
as
far
how
high
something
needs
to
be
elevated,
obviously
we
have,
during
permitting
our
floodplain
coordinator,
does
review
that,
but
the
survey
does
provide
the
existing
elevations
of
the
property.
I
believe,
let
me
see.
F
I
believe,
that
the
flood
elevation
for
this
site,
I
think,
is
about
eight
feet,
so
they
have
to
be
at
least
eight
feet
above
base
flood
elevation,
but
so
that's
elevation
is
one
way
that
they're
doing
protection
for
flood,
and
I
can
defer
to
the
applicant
as
to
why
they're
choosing
to
do
park
under
as
well.
C
H
H
The
parking
underneath
the
house
is
again
might
as
well
add
a
couple
more
feet
and
park
because
there's
not
much
space
on
the
street.
It's
a
pretty
tight
neighborhood,
also
to
note
that
some
of
those
houses,
north
of
the
site
that
we're
planning
to
build
on
are
even
have
less
setbacks.
They're
two
foot
from
the
property
line,
so
we're
five
feet.
It's
and
it's
already
such
a
narrow
house
that
to
do
anything
else
would
be
a
trailer
home
or
something
you
know.
H
C
I
My
name
is
tony
hat
solaires.
I
live
at
132
next
to
the
adjacent
lot
that
I'm
I'm.
I
That
the
cities
there's
still
a
lot
that
can
be
developed,
but
I
have
a
couple
concerns.
I've
lived
there
since
1971..
I
It
is
a
flood
zone,
as
you
know,
and
when
it
when
you,
when
you
have
such
a
tight
lot,
I
my
house
is
on
two
lots
but
next
to
me
where
this
house
wants
to
go-
and
I
welcome
it,
but
when
you
want
to
change
the
variance
to
5.25
and
then
have
a
tower
over
my
house
next
to
me,
that
house
is
going
to
be
elevated
every
time
it
rains
there.
I
I
get
at
least
two
feet
of
water
in
the
back
and
on
the
side
of
the
house
and
underneath
the
house,
because
my
house
is
on
short
stilts.
It
was
built
over
100
years
ago.
So
that's
the
only
concern
that
I
have
what's
going
to
happen
to
my
residents
when
this
house
goes
next
to
me
and
they
raised
it
up
another.
How
many
feet
is
it
going
to
come
off
base
level
five
feet?
Six
I
heard
eight
feet
is
that
true.
F
The
the
eight
feet
was
referring
to.
There
are
certain
requirements
for
flood
protection
and
elevations.
You
have
to
build
at
a
certain
elevation.
I
I
So
those
are
the
is
that's
the
only
issue.
I
have
no
problems
with
a
home
going
there,
but
the
lot
is
so
tight
and
I'm
going
to
have
this
tower
if
it
was
at
the
same
level
as
mine
was,
and
at
least
at
seven
feet,
which
is
still
awful
close,
especially
in
a
flood
zone.
That's
that's
my
main
concern
and,
like
I
said,
I've
lived
this
since
1971
and
it
is
a
problem
in
that
area
with
flooding.
H
You
ready
so
I
see
what
he's
concerned
about.
We
are
not
doing
a
stem
wall,
so
this
is
gonna,
be
we're
just
doing
a
a
slab
on
grade,
so
we
can
park
inside
so
you'll
have
a
car
coming
in
from
the
street.
It
might
be.
You
know,
whatever
the
engineering
department
or
decides
for
us
to
have
that
finished
floor
elevation
of
the
first
level,
which
might
be
six
to
eight
inches
above
the
road
crown
of
the
road,
and
that's
enough
so
we'll
have
a
normal
drainage
plan.
H
So
it's
in
the
back,
so
we
will
drain
the
water
towards
the
back,
because
there's
that
commercial
place-
and
you
have
that
easement-
that
will
be
perfect
for
that.
So
the
house
is
going
to
be
sitting
at
the
finish
floor
level
because
of
the
fema
regulations.
We
have
to
be
eight
feet
above
the
sea
level.
So
at
that
point
for
us
you
know
it's
just
going
to
be
like
a
two-story
house
which
is
not
a
something
out
of
the
context
from
that
neighborhood.
H
There
are
two-story
homes
there
and
I
don't
think,
there's
gonna
be
issue
with
the
water
and
the
house
is
again:
it's
not
going
to
be
stem
wall.
So
it's
going
to
be.
You
know
you
have
your
first
level
and
you
have
your
living
space.
On
the
second
floor,
it's
like
a
two-story
house.
E
And
before
the
applicant
answers
that
I
just
want
to
say
for
the
purposes
of
the
variance
application,
you
know
this
isn't
going
through
permitting
yet
he's
just
asking
for
the
variance
to
make
sure
if
it
meets
or
doesn't
meet
the
criteria,
the
drainage
calculations
and
all
the
shear
and
everything
will
be
calculated
by
his
engineer
and
by
the
city
engineer
through
the
the
permitting
and
approval
process.
So
it's
not
really
something
that
this
board
should
be
considering.
But
if
the
applicant
can
answer,
please
go
ahead.
H
K
C
K
H
It'll
it'll
show
like
the
picture,
is
showing
and
the
so
it's
gonna
be
a
cement,
siding
hardy
board.
Going
up
to
the
second
floor
and
the
first
floor
is
gonna,
be
between
the
columns.
It
will
have
a
ship
lab,
you
know,
so
it's
not
gonna
be
just
open
space,
but
it
will
be
enough
for
even
if
the
flood
comes
in,
that
it'll
just
drain
through
the
first
level.
H
Side
to
side-
oh
that's,
just
a
that
particular
picture
on
ours.
We're
just
gonna,
have
there's
gonna,
be
ship
lab.
C
Well,
if
you
could
approach
the
microphone
and
and
state
your
name
and
address
for
the
record.
E
C
J
C
If
you
would
just
I
don't
know
why
that's
there
anymore,
you
can
go
right
by
it.
I
mean.
K
J
On
the
bottom,
it's
just
decorative
like
a
chip,
it's
just
like
decorative.
What
do
you
call
it?
It's
like.
H
H
K
H
K
H
Thing
is:
is
the
staircase
coming
down?
It's
encroaching.
H
Well
that
that
balcony,
there
is
pretty
much
has
how
you
enter
the
house,
because
the
house
is
so
small
and
the
area
is
so
small
and
we're
conf.
You
know
we
have
to
comply
with
fema
and
everything
else.
K
H
No,
it
will
not
be
recessed
because
we
still
need
a
landing.
Once
you
come
out
of
the
house,
you
still
need
to
have
minimal
landing
before
you
get
on
a
staircase,
so
that
landing
is
with
that
balcony.
Pretty
much
that's
the
size.
That's
we
shrunk
everything
minimal
as
much
as
we
can
and
just
still
to
have
a
living
space
there.
I'm.
M
Like
I
said
you
sound
like
walter
winchel,
some
of
you
are
too
young
to
remember
him
on
the
radio
but
traveling
athens
quite
a
bit,
and
then
you
come
to
the
meetings.
Also,
you
remember
a
few
weeks
ago,
they
were
speaking
about
the
flooding
from
athens
street
know
where
the.
G
B
B
M
And
the
car
repair
that
they
were
going
to
have
to
do
something
to
leave
the
water
there
and
it
also
flows
down
into
front
of
gatina's
restaurant
and
the
business
people
in
the
back.
When
you
have
a
lot
of
rain,
it's
a
a
lake
back
there.
M
It's
not
flowing,
and
I
can
do
a
test
and
that
I
have
seen
water
in
this
gentleman's
yard,
especially
when
we've
had
monsoons
it's
not
flowing
right.
They
did
the
construction
it's
backing
up,
but
they
were
talking,
and
you
can
listen
to
the
tapes
about
having
to
do
some
kind
of
construction
work
to
alleviate
the
water
off
of
aston
street.
So
it
doesn't
flow
back
to
altar
19,
where
those
businesses
are.
So.
I
wanted
to
bring
that
to
the
attention
to
the
board
because
it
was
discussed
a
few
weeks
ago.
Thank.
C
You
have
to
email
it
to
the
city
and
you
can
get
with
ali
about
that,
but
we're
not
going
to
have
a
chance
to
view
it
you're,
picking
and
choosing
who
saw
it
who
didn't
amen.
I
don't
need
to
see
it
first.
C
C
Oh
yeah
is
there
any
other
public
comment,
pretty
sure
we
can
ask
a
question.
Well,
we
heard
from
you
but
come
on
up.
Why
not.
I
On
the
roof,
will
there
be
a
gutter
system
put
up
to
redirect
the
water
to
the
rear?
Because
again
it's
real
quick
at
that
elevation
with
the
pitch
of
the
roof?
All
that
water
is
coming
into
this.
G
D
G
Advice
that
we
got
from
council
that
this
will
any
drainage
issue
will
go
before
the
engineers
and
the
city.
I
make
a
motion
to
approve
this
variance.
Do.
L
B
L
C
C
F
Okay,
this
property
is
outlined
in
red
on
this
screen.
It's
located
off
of
bay
shore
drive.
It
is
zoned
r
100.
This
whole
area
is
single-family
residential
zoning,
there's
r
100
a
to
the
south,
which
is
the
darker
yellow
color.
F
F
This
property
is
also
a
non-conforming
lot
of
record
in
terms
of
the
minimum
lot
depth
in
the
r
100
district
required
to
have
a
lot
depth
of
100
feet.
This
property
only
has
80
feet
of
depth,
so
this
essentially
creates
a
very
narrow
rear
yard.
So
the
side
yard
acts
as
the
true
yard
for
the
property.
F
F
F
As
I
mentioned,
it
is
adjacent
to
an
unimproved
right-of-way
for
lucille
drive.
The
applicant
did
explore
options
to
vacate
the
portion
of
the
right-of-way,
that's
adjacent
to
their
property
that
ultimately
was
denied
by
the
board
of
commissioners
due
to
utilities
being
within
that
easement.
If
it
was
approved,
it
would
have
given
them
an
additional
30
feet
of
side
yard,
negating
the
need
for
the
variance
request,
because
that
was
not
approved.
That
is
why
they're
here
today
asking
for
the
variance.
F
As
you
are
all
aware,
the
pool
screen
enclosures
do
also
have
side
setback
requirements
in
the
ordinance.
The
ordinance
requires
a
minimum
of
eight
feet
for
a
pool
enclosure,
and
it
also
has
a
minimum
separation
between
the
water
and
the
enclosure
of
three
feet.
The
applicants
are
not
proposing
a
pool
screening
closure.
However,
the
board
does
choose
to
approve
the
variance
request.
Staff
does
recommend,
adding
a
condition
stating
that
a
variance
to
allow
reduced
setbacks
where
pool
screen
enclosure
would
not
be
permitted
in
the
future
and
here's
your
criteria,
and
I
can
answer
your
questions.
F
The
area
that's
lucille
drive,
so
the
area
between
that's
in
between
the
dotted
blue
lines
is
right-of-way,
so
it's
public
right-of-way
that
cannot
be
built
upon
it's
owned
by
the
city.
It's
there
to.
Essentially,
if
lucille
drive
was
ever
connected
through
the
lot
on
the
north
side
of
lucille
drive,
there's
not
a
house
there.
Now
it
potentially
could
be
built
on
in
the
future.
C
M
Anita
produce
901
bayshore
drive,
I'm
here
to
ask
you
to
approve
this.
For
the
gentleman
he
has
tried
twice
to
have
vacation
have
the
vacating
of
lucille
drive
and
the
neighborhood.
We
came
and
opposed
it
because
we
opposed
it
when
the
development
was
being
built
because
we
wanted
to
keep
lucille
drive
if
the
the.
If
the
pitcher
was
still
up
there
you'd
see
the
gentleman
behind
him,
he
would
have
been
landlocked
and
we
like
we
liked
the
dirt
road.
M
So
much
that
we
came
out,
we
wanted
to
keep
it
country
looking
there
and
it
was
denied,
but
we're
all
in
support
of
him
having
this
vacation
and
put
it
closer
to
the
right
of
way.
Because
then
we
know
the
issue
is
dead
of
getting
rid
of
the
road
because
we
do
use
the
dirt
road
to
get
in
and
out
to
the
back
of
our
homes.
The
trash
truck
has
to
pick
up
garbage
down
there
and
we're
very
happy
to
have
him
have
his
pool.
M
We
want
him
to
have
it
for
his
children,
we're
excited
to
be
able
to
hear
children
laughing
and
playing
out
there
and
the
neighbor
that
built
the
house
next
to
him
next
to
the
right-of-way
has
a
pool,
so
there
should
be
no
reason
why
he
should
not
be
granted
this
request
and
we're
all
in
favor
of
it.
Thank
you.
K
L
C
B
C
D
F
I
have
one
comment,
so
I
know
that
we
spoke
last
month
about
the
october
meeting
having
to
change
the
date,
so
that's
that's
set,
but
in
november
we
actually
have
a
scheduling
conflict
with
this
room
with
a
performance.
F
So
we
wanted
to
talk
to
you
guys
and
see
if
you
were
okay
with
keeping
the
original
november
17th
november
meeting
date
but
being
located
in
our
media
room,
the
media
room
is
upstairs.
Unfortunately,
because
there
will
be
a
production
downstairs,
we
would
not
be
able
to
have
a
live
stream
of
the
meeting.
It
would
still
be
recorded.
Audio
recorded
minutes
would
be
taken,
everything
would
be
available,
but
we
wanted
to
see
if
you
were
comfortable
with
that.
We
could
have
the
meeting
on
the
17th.
F
If
not,
we
would
have
to
move
the
meeting
to
december
first.
So
you'll
have
two
meetings
in
december.
Then.
F
K
F
Next
one
well,
my
computer
just
stopped
hold
on.
L
F
F
C
All
right,
thank
you
and
any
board
comments.
E
C
And
I
have
a
question
as
well:
we
haven't
used
a
timer
when
people
speak
and
that
monday
night's
p
and
z
they
they
adopted
different
time
rules
than
the
boc.
Is
this
going
to
be
standardized
or
we
all
get
to
make
our
own.
E
No,
you
all
have
your
own
separate
rules
of
procedure
for
the
individual
boards,
planning
and
zonings
rules
or
procedures
are
very
detailed
and
it
specifically
states
four
minutes.
It's
not
used
at
every
meeting
and
their
minutes
also
state
it's
at
the
discretion
of
the
chair.
I
have
your
rules
of
procedure
here,
which
I
believe
you
all
have
a
copy
of.
E
E
If
you
wanted
them
to
they,
could
you
could
certainly
put
that
on
a
future
agenda,
but
just
from
what
I'm
viewing
here,
your
rules
or
procedure
do
not
address
either
discretionary
or
in
any
type
of
rule,
format,
limitations
on
time
limits
and.
C
E
Suggestion
would
be
to
address
it
in
your
rules
of
procedure.
I
I
typically
you
would
just
follow
since
you're
following
robert's
rules
of
order,
you
would
follow
robert's
rules
of
order
and,
honestly
I
do
not
have
them
memorized.
I
would
have
to
bring
my
book
with
me
and
look
it
up,
which
I
can
certainly
do.
Yeah.
E
Yeah,
I
do
think
at
some
point.
It
might
have
been
a
year
maybe
even
two
ago,
when
we
were
going
through
and
looking
at
making
changes
to
the
rules
of
procedure.
That
was
something
that
was
brought
up
and
then
the
rules
of
procedure
never
were
changed.
Okay,
there
were
a
few
discussions
on
it
and
then
at
some
point
it
mostly
had
to
do
with
how
the
orders
were
written.
There
were
some
other
things
brought
up,
and
then
there
was
never
a
vote
taken.
It
was
never
changed.
E
So
if
you
guys
want
to
address
your
rules
of
procedure,
I
strongly
suggest
that
you
do
to
make
sure
that
they
have
everything
that
you
need
in
them
right,
but
for
the
shorter
interim,
if
there's
something
I
can
find
in
robert's
rules
or
something
that
could
be
discretionary,
that
you
could
choose
to
use
depending
upon
the
application
I'll,
let
you
know
what
I
let
planning
and
zoning
know
my
inclination
is,
I
I
understand
why
they
used
it
for
such
a
large
application,
but
my
thinking
is:
if
you're
going
to
use
them,
use
them
all
the
time.
E
C
E
G
E
You
would
have
to
put
a
dis,
yeah
put
a
discussion
item
on
there
and
then
you
can
give
me
a
list
as
a
consensus
of
what
you
want
to
change
within
the
rules
of
procedure.
I
can
draft
it
and
bring
it
back
at
the
december
first
meeting
for
a
vote.
C
E
E
E
F
G
G
E
Changes
there
weren't
any
what
ended
up
happening
is
it
was
tabled
and
put
off
and
it
was
never
brought
back
up
again
and
then
it
ended
up
going
to
that
going
to
the
city
manager
as
a
inquiry,
and
then
it
was.
It
went
from
changing
the
rules
procedure
to
changing
the
code,
and
so
it
never
got
back
up
again.
The
things
that
were
addressed
on
changing
the
rules
procedure
were
not
issues
of
procedure
and
they
were
things
that
were
addressed
in
the
actual
code
and
that's
where
it
got
abandoned.