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[00:00:01]

BEFORE WE CALL THE MEETING TO ORDER LESS, UH, SWEAR IN OUR, UH, A NEW BOARD MEMBER, PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM THAT YOU WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION AND THE GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA AND THAT YOU'RE DUALLY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE AND THAT YOU WILL FAITHFULLY PERFORM THE DUTIES AS AN, A SCHEME B COUNTY BOARD OF ADJUSTMENT.

REMEMBER SO HELP YOU GOD.

THANK YOU.

THANK YOU, MARTY.

AND WELCOME.

WELCOME ON BOARD.

THANK YOU.

[1. Call to Order.]

THIS MEETING OF THE ESCAMBIA COUNTY BOARD OF ADJUSTMENTS, JUNE 17, 2020 IS HEREBY CALL TO ORDER WITH FOUR MEMBERS PRESENT.

WE HAVE A QUORUM AND WILL

[2. Swearing in of Staff and acceptance of staff as expert witness]

THE CLERK PLEASE SWEAR IN MEMBERS OF STAFF, DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

MEMBERS OF THE BOARD COPIES OF STAFF'S RESUMES HAVE PREVIOUSLY BEEN PROVIDED AND REMAIN ON FILE FOR REFERENCE.

THE BOARD HAS PREVIOUSLY RECOGNIZED STAFF AS EXPERT WITNESSES.

DOES ANYONE HAVE ANY QUESTIONS REGARDING THEIR QUALIFICATIONS AND ABILITIES TO US OR EXPERT TESTIMONY? SEEING NON

[3. Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.]

THE BOARD OF ADJUSTMENT MEETING PACKAGE FOR JUNE 17, 2020 WOODLAND DEVELOPMENT SERVICES STAFF, FINDINGS OF FACT HAS PREVIOUSLY BEEN PROVIDED TO BOARD MEMBERS.

THE CHAIR WILL NOW ENTERTAIN A MOTION TO ACCEPT THE BOA MEETING PACKAGE INTO EVIDENCE.

DO WE HAVE A MOTION? SO MOVED SECOND MOTION BY, UH, JUDY SECOND BY BILL.

UH, I'M SORRY, MR. GORDON, ALL THOSE IN FAVOR SIGNIFY BY RAISING YOUR RIGHT HAND PASSES.

UNANIMOUS.

[4. Proof of Publication and waive the reading of the legal advertisement.]

DO WE HAVE PROOF OF PUBLICATION? YES, SIR.

DID THE PUBLICATION MEET ALL THE LEGAL REQUIREMENTS? YES, SIR.

THE CHAIR WILL NOW ENTERTAIN A MOTION TO WAIVE THE READING OF THE LOCAL ADVERTISEMENT.

DO WE HAVE A MOTION MOTION BY JUDY SECOND AND SECOND BY MR. GAIDER THOSE IN FAVOR SIGNIFY BY RAISING YOUR RIGHT HAND

[5. Approval of Resume Minutes.]

MEMBERS OF THE BOARD.

HAVE YOU RE REVIEWED THE RESUME AND TRANSCRIPTS OF THE BOARD ADJUSTMENT MEETING HELD ON MAY 28, 2020 UPON YOUR REVIEW OF THE RESUME AND TRANSCRIPT.

ARE THERE ANY ADDITIONS, DELETIONS, OR CORRECTIONS? THE CHAIR WILL NOW ENTERTAIN A MOTION REGARDING THE HEARING RESUME OF THE BOARD OF ADJUSTMENT MEETING HELD ON MAY 28, 2020 SECOND MOTION BY JUDY SECOND BY MICHAEL THOSE IN FAVOR SIGNIFY BY RAISING YOUR RIGHT HAND PASSES UNANIMOUSLY THE BOARD OF ADJUSTMENTS, THE BOA HERE'S ADMINISTRATIVE APPEALS, VARIANCES AND CONDITIONAL USE REQUESTS.

THESE HEARINGS ARE QUASAR JUDICIAL IN NATURE.

QUAYSIDE JUDICIAL HEARINGS ARE LIKE EVIDENTIARY HEARINGS IN A COURT OF LAW.

HOWEVER, LESS FORMAL ALL PUBLIC TESTIMONY WILL BE TAKEN UNDER OATH.

AND ANYONE TESTIFYING BEFORE THE BOA MAY BE SUBJECT TO CROSS EXAMINATION, ALL DOCUMENTS AND EXHIBITS THAT THE BOE CONSIDERS ARE ENTERED INTO EVIDENCE AND MADE PART OF THE RECORD.

THE GIVING OF OPINION TESTIMONY WILL BE LIMITED TO EXPERTS AND CLOSING ARGUMENTS WILL BE LIMITED TO THE EVIDENCE IN THE RECORD AFTER HEARING THE TESTIMONY AND ARGUMENTS FOR AND AGAINST THE PROPOSED ACTION.

AND BEFORE MAKING HIS DECISION, THE BOA WILL CONSIDER THE RELEVANT TESTIMONY.

THE EXHIBITS ENTERED INTO EVIDENCE AND THE APPLICABLE LAW BECAUSE DECISIONS OF THE BOA RELATING TO VARIANCES, CONDITIONAL USES AND EXTENSIONS OF ORDER FOR SITE PLAN APPROVAL.

OUR FINAL, UNLESS OVERTURNED BY A COURT OF COMPETENT JURISDICTION, THE COUNTY MAY ISSUE DEVELOPMENT ORDERS AND PERMITS FOR PROPERTIES IN ACCORDANCE WITH THE DECISIONS OF THE BOA.

HOWEVER, IF APPLICANT REQUESTS, THE ISSUANCE OF SUCH ORDER OR PERMIT AND SUCH ORDER OR PERMIT IS ISSUED THE APPLICANT AND NOT THE COUNTY SHALL BEAR ANY RISKS.

THAT IS THAT SUCH DECISION MAY BE SET ASIDE.

THE DEVELOPMENT ORDER OR PERMIT MAY BE REVOKED, OR THE DEVELOPMENT MAY BE OTHERWISE ENJOINED BY THE REVIEWING COURT AND THE APPLICANT FOR RELIEF FROM A DECISION OF THE BOA FOR SET ACTIONS OR ANY AGREED PARTY

[00:05:01]

AS DEFINED BY STATE LAW MAY SEEK REVIEW OF SUCH DECISION BY FOLLOWING AN APPROPRIATE PLEADING IN A COURT OF COMPETENT JURISDICTION.

WITHIN 30 DAYS OF THE BOA DECISION, THE DATE OF THE BOE DECISION SHALL BE THE DATE.

THE VOA VOTED AT THE CONCLUSION OF THE HEARING.

WHENEVER THE BOA DENIES AN APPLICATION, NO NEW APPLICATION FOR AN IDENTICAL ACTION ON THE SAME PARCEL SHALL BE ACCEPTED FOR CONSIDERATION WITHIN A PERIOD OF 180 DAYS OF THE BOE DECISION.

ANY PERSON AGGRIEVED BY DECISION OF THE BOA RELATING TO AN APPEAL OF AN ADMINISTRATIVE DECISION MAY WITHIN 15 DAYS THEREAFTER APPLIED TO THE CIRCUIT COURT FOR REVIEW EACH INDIVIDUAL WHO WISHES TO ADDRESS THE BOARD REGARDING A PARTICULAR ISSUE, MUST COMPLETE A BLUE REQUEST TO SPEAK FORM AND SUBMIT IT TO THE CLERK OF BOARD.

THESE FORMS ARE LOCATED ON THE TABLE AT THE BACK OF THE COMMISSION CHAMBERS.

YOU WILL NOT BE ALLOWED TO SPEAK UNTIL WE RECEIVE ONE OF THESE COMPLETED REQUEST TO SPEAK FORMS. WE MUST HAVE THESE COMPLETED FORMS FOR PUBLIC RECORD, ALL WRITTEN OR ORAL COMMUNICATION.

OUTSIDE OF THIS HEARING WITH MEMBERS OF THE BOA REGARDING MATTERS UNDER REVIEW TODAY ARE CONSIDERED EX PARTE COMMUNICATIONS.

EX PARTE COMMUNICATIONS ARE PRESUMED PREJUDICIAL UNDER FLORIDA LAW, AND MUST BE DISCLOSED AS PROVIDED IN THE BOARD OF COUNTY COMMISSION RESOLUTION 96 DASH 13, BEFORE A DECISION BY THIS BOARD ON ANY ADMINISTRATIVE APPEAL, VARIOUS OR CONDITIONAL USE REQUEST.

THE CHAIR WILL ASK AS EACH CASE IS HEARD THAT ANY BOARD MEMBER WHO HAS BEEN INVOLVED IN ANY EX PARTE COMMUNICATION REGARDING THE RESPECTIVE ISSUE TO PLEASE IDENTIFY THEMSELVES AND DESCRIBE THE COMMUNICATION FIRST CASE TO BE CONSIDERED AS CONDITIONAL USE 2020 DASH OH TWO, SIX 33 S UH, SILVER SHORE DRIVE.

[D. CASE NO.: AP-2020-01 ADDRESS: 16477 Perdido Key Drive REQUESTED APPEAL: The Applicant is requesting an appeal of the Development Review Committee's (DRC) approval of project # 2001116PSP, Perdido Key Beach Access #4 Improvements. REQUESTED BY: William J. Dunaway, Agent for Seafarer Condominium Association ]

MR. CHAIRMAN.

UM, IF YOU DON'T MIND, I'VE GOT A QUICK BIT OF HOUSE CLEANING ON TODAY'S AGENDA BEFORE WE START THIS.

SURE.

UH, SO THE FOURTH ITEM ON THE AGENDA, THE, UH, ADMINISTRATIVE APPEAL HEARING, WE HAVE RECEIVED A REQUEST FOR CONTINUANCE ON THAT.

UM, AND STAFF SUPPORTS THAT CONTINUANCE.

WE, ONE OF THE ITEMS THAT, UH, WAS THEY HAVE REQUESTED UNDER PUBLIC RECORDS REQUEST.

WE GOT A NEW SYSTEM FOR DOING PUBLIC RECORDS REQUESTS.

WE STILL HAVE A FEW KINKS TO WORK OUT OF IT.

UH, BUT APPARENTLY ALL THE ITEMS WEREN'T ABLE TO GET TO THEM IN TIME BEFORE THE MEETING.

SO WE WOULD SUPPORT THAT.

UM, JUST SO YOU KNOW, WE HAVEN'T HAD ANY CASES COME IN FOR THE JULY MEETING AND TIME WITH THE DEADLINE, UH, AND MS. MATTER, AND I ARE LOOKING AT JULY 22ND, THE COUNTY IS DOING BUDGET EARLY IN JULY.

SO WE'RE LOOKING AT THAT NEXT WEDNESDAY, WHICH WOULD BE THE 22ND OF JULY.

THANKS.

JUST FOR THIS CASE, A CHAIR WILL ENTERTAIN A MOTION REGARDING THE CONTINUANCE OF APPEAL, 2020 DASH OH ONE, THIS GERMAN AUDIT HERE AT MICROSOFT.

YUP.

THE OTHER BUTTON, THE OTHER, BUT MAYBE WON'T GET IT RIGHT.

UH, MR. CHAIRMAN, I DO HAVE A QUESTION.

HOW LONG IS THIS CONTINUANCE ANTICIPATED TO LAST? SO, AND I CAN ASK THE AGENT HE'S HERE.

WE WERE, UM, LOOKING AT GOING TO THE NEXT MEETING, WHICH WOULD BE THE JULY MEETING.

AND LIKE I SAID, WITHOUT, WE ALREADY CANCELED THAT WITH, SINCE WE DIDN'T HAVE ANY APPLICATIONS, UM, AND THE COUNTY BUDGET HEARINGS, WE'VE DECIDED IT'D BE BEST IF WE BUMPED THAT INSTEAD OF, I THINK THIS 15TH OF NEXT MONTH, IT WOULD BE THE 22ND OF NEXT MONTH.

SO YOU ANTICIPATE TO HAVE IT, UH, NEXT MONTH, THEN THE 22ND.

YES, SIR.

UH, LIKE I SAID, THE, THE NEW SYSTEM WITH PUBLIC RECORDS, WE DIDN'T GET EVERYTHING TO THEM IN TIME.

UM, IF WE STILL DON'T HAVE IT, BUT BY THEN, I'LL BE GRABBING THE RECORDS BY HAND AND DRAGGING THEM OVER TO THEIR OFFICE AT THAT POINT, WHEN WE NEED TO GET THIS GOING AND WE DO ASK, AND WE DO ASK ANY BOA MEMBER, WE WILL NEED TO HAVE A COURTROOM THAT DAY IS IN, IS IMPERATIVE.

SO IF YOU CAN PLEASE LET, IF YOU CANNOT ATTEND, PLEASE LET MS METTA KNOW IMMEDIATELY, UM, SO THAT WE CAN MAKE SURE THAT SOMEBODY ELSE ATTEND.

MR. BERIBERI VERY IMPORTANT THAT WE REALLY GET AS DREW STATED, UH, THAT WE GET THIS TO, TO MOVING FORWARD.

THANK YOU.

THE CHAIR WILL AGAIN, ENTERTAIN A MOTION TO GRANT THE CONTINUANCE.

[00:10:02]

I'LL MAKE A MOTION THAT WE GRANT THE CONTINUANCE.

I'LL SECOND IT MOTION BY JUDY SACRIFICE, MICHAEL, THAT WE GRANT A CONTINUANCE ON AP 20, 20 DASH OH ONE.

THOSE IN FAVOR SIGNIFY BY RAISING YOUR RIGHT HAND.

IT PASSES UNANIMOUSLY.

WE ARE

[A. Case No.: CU-2020-02 Address: 633 Silvershore Dr Request: request an accessory structure in front yard of a waterfront lot Requested by: Brian and Lynn Waters, Owners]

NOW BACK TO A CASE NUMBER CONDITIONAL USE 2020 DASH OH TWO, SIX 33 SILVER SHORE DRIVE.

HAS THERE BEEN ANY EX PARTE COMMUNICATIONS REGARDING THIS CASE BY ANY BOARD MEMBER SEEING NONE? DOES ANYONE HAVE KNOWLEDGE OR INFORMATION OBTAINED FROM A SITE VISIT OR OTHER SOURCES SEEING NON DOES ANY BOARD MEMBER INTEND TO REFRAIN FROM VOTING DUE TO A VOTING CONFLICT OF INTEREST? SEEING NON WOULD THE INDIVIDUALS WHO ARE A PARTY TO THIS ITEM, PLEASE COME TO THE PODIUM AND IDENTIFY YOURSELF AT THIS TIME.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND BE SWORN IN BY THE CLERK.

HI, GOOD MORNING.

UH, STEVEN GRIMES ADDRESS 1604 EAST LAKEVIEW AVENUE.

I'M HERE REPRESENTING BRIAN AND LYNN WATERS WHO WERE UNABLE TO ATTEND DUE TO TRAVEL.

PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

I DO.

THANK YOU.

AND WERE YOU PROVIDED WITH A COPY OF THE STAFF'S FINDINGS OF FACT? UH, YES.

I HAVE BRIAN AND LYNN WATERS, A ENTIRE FOLDER.

I BELIEVE THAT.

OKAY.

AND YOU UNDERSTAND THAT ALL THE CRITERIA MUST BE MET IN ORDER FOR THE BOARD TO GRANT THE VARIANCE? YES, SIR.

DOES THE BOARD HAVE ANY QUESTIONS OF THE APPLICANT, THE STAFF HAVE ANY SIR, MR. CHAIRMAN, I JUST WOULD LIKE TO HEAR WHAT GENERALLY, WHAT YOU PLAN TO DO THE, UH, MY UNDERSTANDING THE VARIANCE IS REQUESTED BECAUSE THE STRUCTURE THEY WANT TO BUILD IS ON THE FORD PART OF THEIR LOT.

IF YOU LOOK AT THE ORIENTATION OF THE LOT, UH, IT'S THE, THE STREET THAT COMES INTO THE PROPERTY, BISECTS, A GOOD CHUNK OF THE PROPERTY TO THE NORTH AND THE STRUCTURE THAT THEY WANT TO PLACE, WHICH TECHNICALLY IS IN FRONT OF THEIR HOME IS ON THAT NORTH PORTION OF THE PROPERTY.

UM, IT IS INTENDED TO BE A STORAGE STRUCTURE.

UH, THE AREA IN WHICH THE STRUCTURE IS GOING IS QUITE HEAVILY WOODED, UH, AND THEREFORE NOT VISIBLE TO NEIGHBORING HOMES AND THAT SORT OF THING, BUT IT'S A STORAGE STRUCTURE.

OKAY.

OKAY.

UM, STAFF HAS RECOMMENDED, UH, UH, APPROVAL.

WE DO HAVE A COUPLE OF SPEAKERS, UH, WHO, UH, HAVE SOME QUESTIONS THEY'RE NOT SPEAKING AGAINST NECESSARILY, BUT WE WE'D LIKE TO INTERVIEW THEM NOW.

AND IF YOU'LL JUST STAND, HAVE A SEAT AND STANDBY.

UH, MAYBE WE GET, UH, ALLEYNE, GULLET GALLE FROM NEW ORLEANS.

I BETCHA MY DAUGHTER.

I WOULD SAY IT'S LIKE BALLET WITH A G.

OKAY.

YEAH.

I AM THE OWNER OF THE HOUSE.

LET US GET YOU.

YEAH.

MY NAME IS ALLEN .

MY ADDRESS IS SIX 70 PALO MT.

DRIVE, PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

I DO.

THANK YOU AGAIN.

I'M NOT AGAINST IT.

I'VE TALKED TO BRIAN ABOUT THE ONLY QUESTION I HAD IS, I DIDN'T KNOW WHAT THEY ARE GOING TO BE BUILDING A, HE TOLD ME IT'S A STORAGE FLORIDA'S BOATS.

I JUST LIKE TO KNOW WHAT IS GOING TO BUILDING CARS AND LEAVE.

I WISH I HAD A POINTER.

I AM THE HOUSE.

RIGHT, RIGHT.

THAT GOOD.

GOING UP RIGHT AGAIN TO THE PROPERTY, TO THE RIGHT, TO THE RIGHT, RIGHT.

STAPLES RIGHT THERE.

AND THAT'S MY HOUSE RIGHT NOW.

I'M LOOKING OVER IN THAT AREA.

SO I'M RIGHT BEHIND WHERE THEY'RE GOING TO BE BUILDING AMY.

YOU DID MENTION THAT IS WOODED THERE.

THEY DID FOR YOUR, ONE OF THE TREES.

AND OVERALL, I JUST DON'T KNOW WHAT THEY WANT TO BE BUILDING.

I ASKED BRIAN TO GIVE ME AN IDEA OF WHAT STRUCTURE IS HAVE THERE AND NOT JUST LIKE TO KNOW THE CLASS, TRY OUT WHAT ACTIVITY IS JUST GOING TO STORY'S BOATS OR HIS CAMPER OR WHATEVER IT IS.

I DON'T HAVE A PROBLEM WITH THAT BECAUSE IT IS PRETTY SECLUDED IS KIND OF THE BACK END OF THAT ROBOT THERE.

BUT I JUST LIKE TO KNOW WHAT IT IS BEFORE IT'S APPROVED.

I LIKE TO HAVE SCHEMATICS.

I'D LIKE TO HAVE A PICTURE I'D LIKE TO KNOW YOU SAY YOU HAVE NOT PICKED OUT YET WHAT HE'S GOING TO BUILD.

AND I'D JUST LIKE TO KNOW WHAT IT'S GOING TO BE BUILT.

OKAY.

WE'LL ASK THE APPLICANT

[00:15:01]

TO ANSWER THAT IF YOU'D COME FORWARD TO THE MICROPHONE.

SO WE'LL HAVE YOU RECORDED THE, UH, THE STRUCTURE ITSELF HAS BRIAN HAS DESCRIBED TO ME IS 30 BY 60, UH, ONE STORY METAL BUILDING, ALSO A METAL ROOF THAT WILL BE PITCHED.

UH, I DON'T KNOW WHAT DOOR ORIENTATION HE HAS IN MIND, BUT, UH, I DO KNOW IT'S INTENDED FOR STORAGE, UH, AMONG OTHER THINGS, HIS VEHICLES, WHEN HE TRAVELS, UM, HE'S A BOAT CAPTAIN.

SO HE'S OFTEN OUT OF THE STATE OR OUT OF THE COUNTRY.

UH, WHEN HE'S GONE FOR EXTENDED PERIODS, HE STORES HIS VEHICLES THERE.

THE HOME THAT HE HAS AS YOU KNOW, IS ON PILINGS AND DOES NOT HAVE AN ENCLOSED GARAGE.

UM, I KNOW THAT HE'S GOING TO PUT UNDERGROUND POWER, UH, AND A WATER LINE, BUT NO SEWER TO KNOW WHERE, WHERE DID IT LOOK LIKE? CAUSE I'M GOING TO BE WALKING.

I LIVED THERE WHEN I DRIVE RIGHT IN FRONT OF ME AND I WALKED RIGHT BY THERE.

SHOT RIGHT ON THE QUESTION.

DO YOU, DO YOU KNOW IF HE, HE WON'T HAVE ANY SORT OF BATHROOM FACILITIES THEN RIGHT NOW? SO I MENTIONED THE SEWER, UH, IS THAT HE'S GOING TO RUN WATER, BUT NOT SEWER.

SO NO BATHROOM.

AND THE BUILDING ITSELF WILL HAVE TO MEET ALL THE COUNTY'S REQUIREMENTS FOR A HURRICANE.

UH, YOUR BUILDING CODE REQUIREMENTS FOR THAT TOO.

I WOULD, YES, SIR.

UH, HE'S RETAINED AN ARCHITECT.

HE'S I THINK SUBMITTED DRAWINGS, UH, AT LEAST WITH THE SITE PLAN.

I DON'T KNOW THAT I HAVE A SCHEMATIC THAT SHOWS THE BUILDING, BUT, UH, WHAT WAS DESCRIBED AS A, IS A ONE STORY METAL BUILDING WITH A METAL ROOF.

I SAW SOME FLAGGING WHERE THANK YOU.

WHERE IS IT GOING TO BE LOCATED? BUT I NOTICED I'M ASSUMING THAT THAT'S JUST SOME FLAG IN THE BACK OF THE PROPERTY WHERE, UH, I GUESS WHEN THERE WAS A SH THERE'S AN EXISTING SHED THERE, I'M ASSUMING THAT'S WHERE HE'S GONE.

I WAS THERE WITH HIM TWO DAYS AGO AND HE YOU'RE RIGHT.

HE HAD THOSE STAKED OUT.

THE, THE 60 FOOT LENGTH, UM, OR WITH THE BUILDING IS IN LINE WITH SILVER SHORE.

AS YOU SEE IT ON THE PICTURE AND THE 30 FOOT DEPTH, UH, IS NORTH TO SOUTH, BUT IT IS TOUGH RIGHT BEHIND THOSE TREES.

THAT WAS ONE OF THE FIRST THINGS I LOOKED AT IN TERMS OF THE ORIENTATION OF THE BUILDING, UH, TOGETHER WITH THE TREES AND ACTUALLY YOUR HOUSE.

AND I COULDN'T SEE YOUR HOUSE FROM WHERE WE WERE STANDING.

NO, I JUST, I JUST CURIOUS ABOUT WHAT IT WAS GOING TO BE DOING, WHAT IT'S GOING TO BE, WHAT IT'S GOING TO BE LOOKING LIKE, AND WHAT IS GOING TO BE DOING WITH HER IS GOING TO BE WORKING AS A WORKSHOP AND GRINDING AND DOING STUFF THERE.

I JUST, I'M ASSUMING NOT BECAUSE YOU TOLD ME IT WAS GOING TO BE STORING IT.

THEY ARE ALWAYS CARS OR WHATEVER.

YEAH.

I DON'T THINK HE'S, HE'S INTENDING TO SET IT UP AS A WORKSHOP AT ALL.

IT'S A STORAGE.

AND IF YOU SAW HIS BOATS, HIS VEHICLES, HE'S GOT PLENTY THAT HE SHOULD STORE AWAY FROM THE HOME.

AND I THINK THAT'S HIS INTENTION.

MR. WILLIAM, DO YOU HAVE ANY QUESTIONS? WOULD YOU COME FORWARD AND BE SWORN PLEASE RAISE YOUR HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

I DO.

YEAH.

YEAH.

UM, I'M THE PRESIDENT OF THE HOMEOWNER'S ASSOCIATION, FERRIS GRANDVIEW SUNSET, WHICH IS THAT SUBDIVISION TO THE WEST RIGHT THERE.

SO I FELT LIKE IT WAS MY OBLIGATION TO REPRESENT THEM.

MY BIGGEST CONCERN IS THAT WE DIDN'T, WE HAVEN'T SEEN A RENDERING OF THE BUILDING.

OKAY.

SECOND OF ALL, IF THERE NEEDS TO BE SOME KIND OF BUFFER LIKE PLANTS OR TREES TO, TO BUFFER THE VIEW OF THIS, BECAUSE THIS IS A, IT'S A NICE RESIDENTIAL AREA AND A 1800 SQUARE FOOT GARAGE JUST SEEMS A LITTLE EXCESSIVE TO PUT IN THIS AREA.

UH, I'M JUST AFRAID.

IT'S NOT GONNA, IT'S NOT GOING TO BENEFIT THE NEIGHBORHOOD BY HAVING A, A METAL BUILDING.

THAT'S MAYBE AN EYESORE W BECAUSE YOU'VE GOT SOME BEAUTIFUL HOUSES RIGHT ACROSS THE STREET.

I THINK IT'S ACTUALLY GONNA DEGRADE THE VALUES OF THE LOTS ACROSS THE STREET AS WELL.

UH, MY, ONE OF MY BIGGEST CONCERNS IS THAT, HMM, I WAS TOLD THAT THIS IS GOING TO BE LIKE A STAGING AREA FOR A BOAT THEY'RE GETTING READY TO BUILD OR SOMETHING LIKE THAT.

AND I WAS AFRAID THERE WAS GOING TO BE SOME, SOME, UH, FABRICATION GOING ON THERE IN THE NOISE WOULD CERTAINLY BE A PROBLEM FOR THE REST OF OUR NEIGHBORHOOD.

IF THERE WAS ANY KIND OF, YOU KNOW, GRINDERS GO

[00:20:01]

ON OR DRILLS OR WHATEVER.

UH, I JUST WANT TO MAKE SURE THAT IF SOMETHING GOES IN, WE KNOW EXACTLY WHAT IT'S GOING TO BE USED FOR, AND IF WE COULD BUFFER THE THING FROM THE STREET.

SO IT JUST DOESN'T LOOK LIKE A BIG METAL BUILDING 60 FEET LONG.

OH, OKAY.

THAT'S, THAT'S PRETTY MUCH IT, MY CONCERNS, UH, I FEEL LIKE WE NEED TO SEE SOME RENDERINGS IN SOME KIND OF LANDSCAPING PLAN SO THAT IT FITS BETTER IN THE, IN THE AREA.

I'M NOT AGAINST THE IDEA, BUT I JUST WANT TO MAKE SURE THAT WE'RE PROTECTING THE REST OF THE PROPERTIES AROUND IT.

DOES THE STAFF HAVE ANY, ANY COMMENT? YES, SIR.

ALL SO WHAT'S GOING ON HERE.

AS YOU CAN SEE ON THE AERIAL VIEW ON THE SCREEN, THERE IS A VERY UNIQUELY SHAPED PIECE OF PROPERTY.

THEY TURN INTO COMBINATION REQUEST, UH, TO CREATE, TO COMBINE THOSE TWO PARCELS INTO ONE.

UM, THE ISSUE THEN BECOMES BUILDING A STRUCTURE, AN ACCESSORY STRUCTURE.

YOU CAN HAVE AN ACCESSORY STRUCTURE UP TO 50% OF THE SIZE OF THE PRIMARY, WHICH THIS WILL FALL UNDER THAT ON A WATERFRONT LOT.

YOU CAN GET CONDITIONAL USE APPROVAL TO HAVE THAT STRUCTURE IN THE FRONT YARD.

FROM THAT LAYOUT, IT'S KIND OF DIFFICULT.

IT ACTUALLY HAS THREE DIFFERENT FURNITURES ON RIGHT AT THREE DIFFERENT RIGHTS OF WAY.

SO THE ODD SHAPE OF IT.

AND WE SAID, LOOK, IT'S, IT'S CONDITIONALLY USED.

THAT'S THE FRONT YARD, NO WAY AROUND IT AS FRONT YARD, EVEN WITH THE WEIRD SETUP, THE CONDITIONAL USE REQUIREMENT IS FOR THE STRUCTURE ITSELF, THE USE THE SIZE, THE SHAPE, UH, WELL, NOT EVEN THE SHAPE, JUST THE STRUCTURE OF AN ACCESSORY BUILDING THERE.

IT DOESN'T, IT DOESN'T INVOLVE WHAT THEY'RE GOING TO BE DOING WITHIN IT.

IT'S JUST DOES, DOES THIS BOX MEET THE CRITERIA TO BE PUT IN THE FRONT YARD OF A WATERFRONT DWELLING IT'S RESIDENT? CAN YOU PULL IT, GO TO ZONING? SORRY.

I GUESS, I GUESS MY QUESTION IS AN 1800 SQUARE FOOT BUILDING.

IT ISN'T THAT LITTLE EXCESSIVE FOR AN ACCESSORY BUILDING.

I MEAN, IT, LIKE I SAID, IT FALLS UNDER THE REQUIREMENTS OF THE CODE IN THAT RESIDENTIAL AREA.

IT'S LESS THAN 50% OF THE SIZE OF THE PRIMARY STRUCTURE.

WE DON'T HAVE, UH, ANY SORT OF AESTHETICS AND OUR LAND DEVELOPMENT CODE FOR THAT.

SO YOU'RE TELLING ME THAT THE PRIMARY STRUCTURE IS 3,600 SQUARE FEET.

IT'S LARGER THAN THAT.

IT'S I DON'T THINK, WELL, WHAT WE DO IS WE GO BY WHAT THE PROPERTY APPRAISER GIVES US AS THE DATA.

AND WHEN YOU INJECT THAT EVEN INCLUDES THE GARAGE, WHICH IS NOT LIVABLE LEVEL, WE INCLUDE THE OVERALL SQUARE FOOTAGE AS PROPERTY APPRAISER HAS IT DELINEATED.

WE DON'T GO OUT AND CHECK EVERY SINGLE STRUCTURE WHERE WE HAVE TO USE RELY ON THAT DATA.

AS FAR AS BUFFERING REQUIREMENTS, IT'S RESIDENTIAL, IT'S UP AGAINST RESIDENTIAL.

WE DON'T, THERE'S NO REQUIREMENTS FOR SPECIAL BUFFERING BETWEEN RESIDENTIAL USES.

BUFFERING COMES IN BETWEEN COMMERCIAL USES AND OR ZONING APP AGAINST RESIDENTIAL.

SO IT'S BASICALLY A REQUEST TO PUT A STRUCTURE IN THE FRONT YARD.

AND ALL WE REALLY HAVE IN OUR CODE IS, YOU KNOW, LOOK AT THE PROPERTY APPRAISER'S DATA, WHAT THEY SAY THE PRIMARY SIZE IS IT NEEDS TO BE 50% OR LESS OF THAT.

WELL, WE WILL CHECK THE SQUARE FOOTAGE OF THE PRIMARY RESIDENCE TO SEE IF IT IS IN FACT, 600 SQUARE FEET.

AND ALSO WE'D LIKE TO RESERVE OUR DECISION ONCE WE SEE UNTIL WE CAN SEE A RENDERING OF SOME SORT.

OKAY.

UM, OKAY.

DO YOU KNOW THAT THAT WOULD BE SOMETHING THEY WOULD BE TURNING INTO BUILDING INSPECTIONS WHEN THEY TURN AND BUILDING PLANS? AT THIS POINT, WE, WE DON'T REQUIRE AN ARTIST RENDERING ANY KIND OF RENDERING OF THE BUILDING.

IT'S IT'S CAN A BOX FIT IN THIS LOCATION.

MMM THAT'S THAT'S JUST WHAT IT IS.

WE CAN HAVE SOME MORE DIALOGUE IN A MINUTE.

WE HAVE ANOTHER SPEAKER, UH, ROBERT BENDEL, IS IT PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM? THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

I DO.

THANK YOU.

AND GIVE YOU A NAME.

I'M ROBERT MANDALE, I'M A OWN TWO PROPERTIES ADJACENT TO THIS PROPERTY.

SIX

[00:25:01]

74 PALOMAR DRIVE.

FIRST OF ALL, IF YOU GO BACK TO THE WOODED AREA THAT LOT, EVEN THOUGH YOU SAID YOU COMBINED THEM THAT LOT WAS A FREESTANDING LOT WITH TWO HOUSES ON IT.

I'M NOT SURE.

SO THAT SAYING THAT WAS THAT ADJACENT PROPERTIES FRONT YARD.

THEY ADD IT.

THEY BOUGHT THE PROPERTY, ACQUIRED THE PROPERTY, AND NOW THAT'S WHY IT'S FRONT YARD.

IF YOU TAKE THE OTHER SIDE OF THAT PROPERTY, WHO WAS A FRIEND OF MINE WHO LIVED THERE, THEY'RE GOING TO BUILD A NEW EXPENSIVE HOME.

THEY'RE GOING TO BE LOOKING AT THE BACK OF A BUTLER BUILDING.

THAT'S WHAT I CALL IT.

A BUTLER BUILDING.

I HAVE ONE ON W STREET.

THEY'RE INEXPENSIVE, THEY'RE METAL.

I DON'T WANT TO BE BESIDE THE MINUTE THAT'S BUILT.

I'M GOING TO PUT MY PLACE FOR SALE.

IF ANYONE ON THIS BOARD THINKS A METAL BUILDING SHOULD GO IN THAT NEIGHBORHOOD.

I THINK THEY OUGHT TO REPLACE THE WHOLE BOARD.

THAT'S GOING TO BE A WAREHOUSE.

I HAVE A WAREHOUSE ON 1000 NORTH W IN THE MIDDLE OF BROWNSVILLE.

MY KID SAID I MOVED FROM WASHINGTON TO BROWNSVILLE.

IT'S THE ONLY PLACE I COULD GET A WAREHOUSE BUILT THAT IF IT'S TREES THERE.

AND LIKE I SAID, WITH ALLEN IS MY NEIGHBOR.

IF IT DOESN'T AFFECT HIM, I WASN'T GOING TO SAY ANYTHING ABOUT IT.

HE'S GOING TO LOOK AT IT EVERY DAY OF HIS LIFE.

WHEN HE'S ON HIS BACK DECK, IT'S NO WAY THIS IS GOING TO ENHANCE THE VALUES OF ANYBODY'S PROPERTY, BUT BRIAN'S, AND IN MY OPINION, WHAT HE DOES WITH IT AFTERWARDS OF THE FACT IT'S GOING TO BE A WAREHOUSE.

SO, UH, THERE'S PROPERTY, THAT'S NORTH OF THIS THAT I TRIED TO ACQUIRE AND PURCHASE AND WAS TOLD.

I CAN'T PUT A WAREHOUSE THERE AND IT'S NOT A WATERFRONT LOT, BUT I WAS TOLD I COULDN'T PUT A BUILDING THERE, DEPART MY MOTOR HOME IN A BOAT.

AND NOW, BECAUSE THIS IS A WATERFRONT ADJACENT PROPERTY, YOU CAN BUILD A WAREHOUSE.

AND BRIAN WATERS IS A GOOD FRIEND OF MINE.

I HELPED HIM OUT OF A JAM THE OTHER DAY.

THIS SHOULDN'T GO HERE.

THAT'S ALL I GOT TO SAY.

AND ALL I ASK ANY ANSWER, ANY QUESTIONS THAT THE BOARD HAS OR THE STAFF HAS.

I JUST DON'T UNDERSTAND.

I UNDERSTAND HE'S MEETING THE CRITERIA, BUT HE'S MEETING THE CRITERIA BY TECHNICALITY.

AND IT, HIS HOUSE IS 3,600 SQUARE FOOT.

I LIVE IN A 45,000 SQUARE FOOT HOUSE.

MR. CHAIRMAN, I SHOULD GO THROUGH THE STAFF FINDINGS AND ALSO REMIND EVERYONE OPINION.

TESTIMONY IS LIMITED TO THOSE THAT YOU'VE ACCEPTED AS EXPERT WITNESS, ANY TESTIMONY REGARDING VALUATION OF PROPERTIES AND IMPOSSIBLE VALUATION IMPACTS.

Y'ALL MAY WANT TO CHECK ON THAT.

UM, SO I'M GOING TO GO AHEAD AND GO THROUGH THE STAFF FINDINGS.

SO ONCE AGAIN, 66 33 SILVER SHORE DRIVE, AFRICAN IS REQUESTING CONDITIONAL USE TO PLACE ACCESSORY STRUCTURE IN THE FRONT YARD OF A WATERFRONT LOT.

THE FIRST CRITERIA GENERAL COMPATIBILITY APPLICANT HAS SUBMITTED A SITE PLAN SHOWING THE GARAGE STRUCTURE TO BE PLACED IN THE FRONT YARD OF THE PROPERTY.

THE PROPOSED USE CAN BE CONDUCTED AND OPERATED IN A MANNER THAT IS COMPATIBLE WITH ADJACENT PROPERTIES CRITERIA AND B PUBLIC FACILITIES AND SERVICES ARE AVAILABLE IN THE AREA TO THE SUBJECT PARCEL AND ARE CURRENTLY BEING USED BY THE APPLICANT'S HOME ON THE SOUTHERN PORTION OF THE COMBINED LOT ONSITE CIRCULATION.

THE PROPERTY IS LOCATED ON A DEAD END STREET, TRAFFIC IMPACT, PEDESTRIAN SAFETY AND EMERGENCY VEHICLE ACCESS WILL NOT BE COMPROMISED.

DE NUISANCES AND HAZARDS APP CAN STAY.

THE PROPOSED STRUCTURE WILL NOT GENERATE NUISANCE, NUISANCES OR HAZARDS TO ADJACENT ADJOINING PROPERTIES.

THE CONDITIONAL USE WILL ALLOW THE APPLICANT TO ENJOY THE SAME RIGHTS AS OTHER HOMES IN THE AREA E SOLID WASTE BASED ON APPLICATION SOLID WASTE SERVICE SERVICES ARE CURRENTLY AVAILABLE THROUGH ECU, A F SCREENING AND BUFFERING.

THE PROPOSED STRUCTURE DOES NOT REQUIRE ANY ADDITIONAL SCREENING OR BUFFERING DUE TO THE USE.

AND THE ZONING BEING RESIDENTIAL SIGNS AND LIGHTING APPLICANT SAID NO SIGNS WILL BE PLACED ON THE STRUCTURE.

AND EXTERIOR LIGHTS WILL BE FOR SECURITY, WHICH WILL NOT BE A NUISANCE TO NEIGHBORS SITE CHARACTERISTICS.

ACCORDING TO THE COUNTY GIS SYSTEM, THE SITE APPEARS TO BE IN A FLOOD ZONE.

IF THE CONDITIONAL USE IS APPROVED, APPLICANT WILL SUBMIT PLANS.

THAT MUST MEET ALL THE STANDARDS FOR CONSTRUCTION AND FEMA DESIGNATED SPECIAL FLOOD HAZARD AREA, AS STATED IN THE LAND DEVELOPMENT CODE AND THE FLORIDA BUILDING CODE SPECIAL USE REQUIREMENTS.

GIVEN THE UNIQUE CONFIGURATION ON THE PARCEL FACING MULTIPLE RIGHTS OF WAYS, THE SUBMITTED PLAN COMPLIES WITH THE USE REQUIREMENTS FOR THIS CONDITIONAL USE AND STAFF RECOMMENDS APPROVAL OF THE AS SUBMITTED MR. CHAIRMAN, UH, DO YOU THINK WE MIGHT GO BACK, GO BACK UP TO THE, UH, CRITERIA IN DEALING WITH NUISANCES? LET'S SEE.

YES.

D OH, SORRY.

UM, I DIDN'T KNOW YET.

I WONDER, HAS THE STAFF BEEN INFORMED THAT THIS FACILITY

[00:30:02]

OR A STRUCTURE MIGHT BE USED FOR BUILDING A BOAT? STAFF GOES OFF THE INFORMATION SUBMITTED, UNLESS IF SOMEBODY HAS AN ISSUE, LET'S SAY SOMEBODY HAS AN ACCESSORY BUILDING ON THEIR LOT, ANYWHERE IN THE COUNTY.

UH, THEY WANT TO BUILD A BOAT.

THEY CAN, IF IT'S A COMMERCIAL USE, THAT'S A WHOLE NOTHER SITUATION.

IF IT'S A PRIVATE HOME AND THEY WANT TO USE THEIR PRIVATE STRUCTURE AND BUILD SOMETHING FOR THEMSELVES, UM, WE DON'T HAVE ANY REGULATIONS PROHIBITING THAT.

WELL, MY POINT WAS, I GUESS WHAT I'M GETTING AT, IF YOU ENGAGE IN SOMETHING LIKE THAT, IT SEEMS LIKE YOU MIGHT HAVE NOISE, GLARE, DUST, SMOKE, AND ODOR, UH, POTENTIALLY.

SURE.

UM, AND YOU KNOW, IT IS A CONDITIONAL USE, UH, IF Y'ALL WANT A DAD CONDITIONS REGARDING THAT.

ABSOLUTELY.

THAT'S WHY THIS BOARD IS HERE.

OKAY.

AND I WOULD LIKE TO ADD, AND EVEN IF THAT IS THE CASE, AS YOU STATED, WHERE IT MAY BE CAUSING NOISE AND ORDERS AND THINGS LIKE THAT, THERE IS A, THERE IS THE CODE ENFORCEMENT IS AVAILABLE SO THAT THE PERSON WHO'S ALLEGING THAT COMPLAINT, THEY WILL INVESTIGATE IT.

THAT IS A SEPARATE PART OF THE CODE OF ORDINANCES.

AND IF IT'S CAUSING SOME, SOME OF THOSE, UM, ADVERSE IMPACTS THE OWNER OR THE NEIGHBOR IN ANY WAY, THEY HAVE TO CEASE OPERATIONS FOR THAT.

BUT, BUT, BUT, BUT TO, BUT FOR SOMEONE THAT'S TO ASSUME THAT IT WOULD, YES, IT GOING TO CAUSE SOME LEVEL, BUT IF IT MEETS THAT THRESHOLD, THEN THAT'S WHEN CODE ENFORCEMENT WOULD GO IN AND SAY, YES, YOU ARE VIOLATING SUCH AND SUCH.

THERE'S AN ALLEGATION OF YOUR VIOLATION.

AND HE COULD EITHER SEIZE OR GO, OR THEY CAN MAKE HIM STOP, BUT IT GOT, IT GOT TO REACH A CERTAIN THRESHOLD.

JESSE, IF IT CALLS MINIMUM, IT MAY CAUSE SOME, SOME AVERAGE IMPACT, BUT THERE'S THE THRESHOLD THAT THE OTHER CODE JUST REGULATE FOR IT TO BE REALLY CLASSIFIED AS A NUISANCE.

IT'S EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE FOR US TO DEAL IN HYPOTHETICAL'S.

UM, ABSOLUTELY ONE MORE LOOKING AT SHOULD A BOX FIT IN A PARTICULAR PLACE.

UM, WELL, NO, I, AND I, AND I AGREE SURELY THAT IS THE CASE.

UH, BUT MY ONLY CONCERN WAS THAT I THOUGHT I HEARD A TESTIMONY THAT IT WAS BEING POTENTIALLY FOR THE CONSTRUCTION OF A VESSEL.

THAT'S NOT, BUT THAT'S NOT QUITE HYPOTHETICAL.

IF THE TESTIMONY ITSELF IS TRUTHFUL, THAT DIDN'T COME FROM THE AGENT.

UM, YOU KNOW, YEAH.

AND ONCE AGAIN, UM, IF YOU'VE GOT A STORAGE BUILDING ON YOUR PROPERTY AND YOU WANTED TO BUILD A BOAT IN IT FOR YOURSELF, UM, WE DON'T HAVE ANYTHING IN OUR LAND DEVELOPMENT CODE THAT SAYS YOU'RE NOT ALLOWED TO DO ON YOUR PRIVATE PROPERTY, YOUR OWN PRIVATE WORK.

IT'S ONLY WHEN CONDITIONS START IMPACTING PEOPLE OUTSIDE YOUR PROPERTY, THEN IT'S BECOME, GO TO FALLS UNDER THE CODE OF ORDINANCES AND CODE ENFORCEMENT WOULD THEN BE THE OPTION TO REMEDY THAT.

AND WHAT THAT ZONING OF MDI, IF DEZ THAT'S ON, IT DOES NOT ENOUGH FOR COMMERCIAL OPERATIONS.

SO IF HE'S DOING ANYTHING, THAT'S THAT VIOLATE THAT ZONING.

THAT'S ANOTHER ISSUE THAT CODE ENFORCEMENT, WHAT LOOK INTO, BUT, BUT, BUT BILLINGS, THE PARENTS AND SOMETHING ON HIS OWN PROPERTY FOR HIM, THAT'S SOMETHING THAT WE HAVE TO, THAT WE JUST DON'T, THAT'S AN UNKNOWN.

SO WE JUST DON'T, WE JUST CAN'T GET INTO TO THAT PROBABILITY OF THAT HAPPENING.

YES.

COME TO THE MIND.

I'VE GOT A REAL IMPORTANT QUESTION.

DID THIS LOT HAD NOT BEEN ADDED IN TO THE EXISTING LOT? WOULD IT BE ELIGIBLE TO PUT A BUILDING ON IT OF THAT SIZE 1800 SQUARE FOOT METAL BUILDING IF THEY COULD FIT IT ON THERE AS, AS A WATERFRONT LOT? NO, NO.

I'M SAYING THAT COMBINE THOSE TWO LOTS TOGETHER BY THAT LITTLE NARROW STRIP.

OKAY.

IF THEY HAD NOT JOINED THOSE TWO LOTS TOGETHER, WILL THIS PROPERTY BE ELIGIBLE TO PUT OKAY.

A HUNDRED SQUARE FOOT BUILDING ON IT.

OKAY.

AND EXCEPT RESTRUCTURE WOULD NOT BE ALLOWED WITHOUT A PRIMARY.

RIGHT? MY POINT IS OKAY.

LAYER BY DRE.

UH, I DON'T SEE HOW THAT LITTLE NARROW YEP.

IT WAS

[00:35:01]

TOO.

YEAH.

BUILDING WIDTH, LOT LINES.

NO WORRIES.

SEE, THERE'S A MINIMUM LOT LINE, THE 40 OR 50 FEET.

I'M JUST WONDERING, THIS IS A NARROW STRIP THAT, AND JUST THE TUBE CONVENIENCE TO THEM.

HEY, JOINED TWO.

SO THIS WOULD FALL INTO THE CATEGORY, UH, IS A YARD OR THE FRONT YARD OF THEIR EXISTING LOT THOUGH.

IT DOESN'T SEEM RIGHT.

THAT YOU COULD TAKE, THAT'S LIKE DOING ZONING.

THEY GO OUT A MILE WITH A LITTLE 30 FOOT STRIP TO ACCESS TO ZONI AND A PIECE OF PROPERTY.

WELL, WE'RE DOING THE SAME THING HERE BY USING THAT LITTLE NARROW STRIP, JOINING THE TWO.

BUT I DON'T THINK THAT NARROW STRIP CONFORMS TO THE MINIMUM LOT WIDTH OF A LOT.

SO WHAT THEY'RE DOING IS COMBINING TWO DISTINCT PARCELS OF RECORD INTO ONE TAX PARCEL.

OKAY.

WELL, THEY'RE NOT DESIGNING A SUBDIVISION AND SAYING, OKAY, WE'RE GOING TO MAKE A LOT THIS WIDTH.

UM, THEY'RE JUST COMBINING TWO EXISTING, LOTS OF RECORD FOR THE CONVENIENCE OF PUTTING THE ASSESSOR BUILDING ON IT.

SURE.

I MEAN, THAT'S THE POINT.

YEAH, ABSOLUTELY.

CLAIM HOMESTEAD EXEMPTION ON THE BUILDING AS WELL.

AND, AND, AND HONESTLY SPEAKING, AND THIS, THIS, THIS HAPPENS IF THAT'S WHY CHRIS JONES, THEY ARE, THEY LOOK AT IT, THEY HAVE CERTAIN RULES WHERE THEY FEEL LIKE THAT IT CAN MEET THE THRESHOLD WITH TOUCHING OR CONTIGUOUS OR JOINING.

AND DAMN, THAT'S WHY THE FORM THAT THEY FILL OUT CHRIS JONES AND HIS TEAM LOOKED AT IT TO MAKE SURE THAT IT MEETS THEIR TERMS FOR COMBINING FUCK COMBINING THE TWO LOTS INTO ONE TAX PARCEL.

YEAH.

WELL, MY POINT IS THAT THEY HADN'T JOINED THE TWO LOTS TOGETHER.

THEY WOULDN'T HAVE BEEN ABLE TO PUT THAT BUILDING UP THERE.

IT'S STILL BE A CONDITIONAL USE.

UM, IT'S STILL COME BEFORE THIS BOARD BECAUSE THEY'D HAVE TO PUT IT IN THE FRONT YARD.

THE WATERFRONT BOUGHT, WELL, IT WOULDN'T HAVE BEEN A WATERFRONT LODGE IF IT HADN'T BEEN JOINED.

OKAY.

YOU'RE TALKING TO THE NORTHERN PARCEL.

YEAH.

OKAY.

RIGHT.

THE NORTH, SORRY.

GOOD TO HAVE A HOUSE AND WHATEVER SIZE, AS LONG AS IT MET WITHIN THE SETBACKS, IT COULDN'T HAVE AN ACCESSORY WITHOUT A PRIME.

YEAH.

WE'D LOVE TO SEE IT GO IN THERE, BUT WE'RE NOT, WE'RE NOT DEALING WITH A HOUSE WE'RE DEALING WITH A METAL.

RIGHT.

SO I'VE GOT RESERVATIONS ABOUT THAT.

OKAY.

SO, UH, YOU KNOW, IF YOU COULD, IF HE WAS, IF IT STOOD ALONE BY ITSELF, I UNDERSTAND YOU COULD NOT PUT A METAL BUILDING IN THERE THAT SIZE, THERE'S A GARAGE, THERE'S A SHOP, ISN'T IT, DARRELL POINTED OUT.

HE TRIED TO BUY A LOT AND PUT A SHOP BUILDING AND THEY WOULDN'T, WOULDN'T LET HIM.

RIGHT.

AND, AND, AND, AND WE DO NOT KNOW IS WE, WE, WE, WE DO NOT KNOW ALL THAT.

WHAT'S THE ISSUE IT RELATED MR. MANDALE.

I DO KNOW HIM, BUT I DON'T, WE KNOW ALL OF THE ISSUES.

SO USING THAT AS A, AS A, AS, AS A, AS A GROUNDS FOR THAT TO HAPPEN, EACH, EACH CASE, NOT ON ITS OWN MERITS AND ITS OWN LOT.

SO, SO, SO, SO YOUR CONCERN IS AS NOTED.

YEAH.

TO CONSIDER IT.

I HAVE NOT, BUT PLEASE HAS TO STAND ON ITS OWN.

RIGHT.

OKAY.

WELL, I THINK WE'LL DO WE'LL CHECK THE SQUARE FOOTAGE ON THE EXISTING HOUSE AND SEE IF IT IS 3,600 SPEED IN ORDER TO PER SQUARE FOOT.

TOTALLY.

HMM.

OKAY.

ALRIGHT.

THANK YOU VERY MUCH.

THE, UH, IN THE, UH, HAVE A REVIEW AFTERWARDS TO SATISFY THEM, THIS DOESN'T NEED TO GO TO DEVELOPMENT REGIONAL.

OKAY.

ALRIGHT.

IT HAS GOT TO COME TO MY FRONT COUNTER PLANTERS.

HE GOT TO, HE GOT TO GET LAND, USE APPROVAL FOR A ZONING, BUT IT DOES NOT REQUIRE A FULL FLAT SITE PLAN WITH YOU, BUT HE WILL NEED TO COME AND GET LASER APPROVAL BOUGHT.

SO GRANTED IS CONDITIONAL USE APPROVAL AND THEY WILL LOOK INTO ALL THAT.

HOPEFULLY HE ALREADY DID THAT.

WHY HE'S HERE.

ALRIGHT.

WHEN HE GAVE HIS HEART, BUT CHECK WITH MY STAFF BEFORE COMING TO THIS BOARD, I HOLD IT.

YEAH.

IF NOT, HE'D DO NEED TO DO THAT.

CAUSE YOU HATE TO GRAB SOMETHING AND YOU CANNOT DO IT.

SO HOPEFULLY HE MADE THOSE CHECKS TO COME TO THIS BOARD PRIOR TO COMING TO WELL AND BE QUESTIONING A STRUCTURE OF THAT SITE.

UH, MS. JONES IS, UH, IF I UNDERSTAND IT CORRECTLY, YEAH.

HE WOULD HAVE TO, THE APPLICANT WOULD HAVE TO SUBMIT BUILDING PLANS AND THESE BILLS, I HAVE TO INCLUDE A COURSE.

EXCELLENT PRESUME WAIT, UH, A SKETCH OF THE BUILDING AND EXCELLENT.

ALL OF THAT, ALL THAT.

SO YOU'RE NOT SURE THAT'S BEEN DONE,

[00:40:01]

UH, UH, EITHER, RIGHT.

HE'S LIKE, CORRECT.

WELL, I DON'T KNOW IF IT'D BE DONE AND NOT, BUT IT'S UP TO HIM.

SURE.

I MEAN THAT HE NOT, NOT AS FAR AS THE BUILDINGS PLAN.

SO FOR THAT, BUT AS FAR AS THE SIZE OF THE STRUCTURE, THAT'S SOMETHING THAT HOPEFULLY HE SHOULD HAVE CHECKED.

WOULD YOU BE REQUIRED TO COME INTO THIS BOARD? MY, WE JUST DO WHAT THE SITE AND MAKING SURE I MEET THE BELMONT COURT REQUIREMENTS, THE REST OF THE BID PLANS AND DRAWINGS.

THAT'S NOT UNDER OUR PURVIEW, BUT THAT WILL COME THROUGH BID, BUT IT'S THAT, IT'S THAT NECESSARY FOR PLANTS TO BE SUBMITTED TIME.

HI, MR. GOLAN, DID YOU HAVE ANOTHER COMMENT? SPEAK INTO THE MICROPHONE.

WE ARE RECORDING.

YOU'RE GOOD WITH DEREK, RIGHT? THAT'S FINE.

YES.

A FEW.

JUST A QUICK COMMENT.

THE HOUSE WITH THE WHITE ROOF THERE.

I JUST TO GIVE YOU AN EYE THAT'S ABOUT SQUARE FOOTAGE, ABOUT 1500 SQUARE FEET BOX 1600 SQUARE FEET.

WE'RE PLANNING ON BUILDING 1800 SQUARE FEET.

OH, BUILDING NEXT.

JUST TO GIVE YOU A PERSPECTIVE, THE FOOTPRINT.

NOPE.

THE AERIAL.

WHAT YOU WOULDN'T BE PUTTING THERE AS A BE BOX 30 BY 60.

THAT'S A LOT BIGGER THAN MY FOOTPRINT, MY HOUSE.

AND SOME METAL BUILDING IS GOING TO BE AN OPEN SHED IN MY BACKYARD.

AND I DO.

THERE'S A PORTRAIT ON MY BACKSIDE AND THAT'S MY VIEW.

LOOKING OVER, OVER BRIAN'S SMOCK.

AND I, I TAKE YOUR, I DO ALL THE LANDSCAPING ON THE TREES RIGHT BEHIND MY PROPERTY ON, ON HIS PROPERTY.

SO I'M LOOKING THERE AND I'M CONCERNED.

HE SAYS THE SINGLE TREES.

AND I, I BELIEVE ABOUT MY GUESS, BUT I'D LIKE TO SEE WHAT IT'S GOING TO BE BUILDING THERE.

I'D JUST LIKE TO SEE WHAT WAS GOING TO BE GOING IN THERE.

BUT THAT'S A BIG BUILDING.

I DIDN'T KNOW.

IT WAS 1800 SQUARE FEET, 30, ABOUT SIX DAYS A BIG WAREHOUSE.

I'VE GOT A WAREHOUSE AND I DON'T WANT TO WAREHOUSE IN MY BACKYARD IF THAT'S WHAT IT'S GOING TO BUILDING.

I DON'T WANT TO WAREHOUSE IN MY BAG.

WOULD THE, UH, APPLICANT LIKE TO SUMMARIZE OR TO ADDRESS ANY OF THESE ITEMS THAT HAVE BEEN BROUGHT UP AS HAS BEEN DESCRIBED TO ME AGAIN? UM, IT'S A ONE STORY METAL BUILDING WITH A PITCH METAL ANALOG.

THAT'D BE ALL YOU SAID, WHAT AM I ONE STORY? IS IT ABOUT I BEFORE FOUR? YEAH.

16, BYE.

NO, I JUST STOOD IT TO BE GARAGE LEVEL HEIGHT, WHICH IS WHAT HE WOULD PUT IN IT.

VEHICLES WHEN HE'S AWAY WOULD BE CARS.

UM, AMONG OTHER THINGS, PERHAPS A JET SKIS, WHATEVER ELSE HE HAS, THAT THERE IS STORAGE, BUT IT IS ONLY STORAGE.

IT IS NOT GOING TO BE AN OPEN SHED.

IT WILL I'M CLOSED.

UM, WHICH MEANS IT PROBABLY WILL HAVE SOME SORT OF GARAGE DOOR, UH, PERHAPS TOO.

UM, YEAH, TO, I DON'T SEE WHAT HE'S HERE PRIMARILY BECAUSE, UH, TO ENGAGE THE BUILDER OF THE STRUCTURE REQUIRES IT THAT'S A PROBLEM.

SO HE WANTED TO MAKE SURE HE HAD IT WELL AT THIS STAGE BEFORE HE ENGAGED, UH, BOTH THE BUILDER AS WELL AS, UH, SO I DON'T HAVE A RENDERING, BUT THAT'S WHAT HAS BEEN DESCRIBED TO ME.

THANK YOU, SIR.

I GUESS DREW STAFF HAS PRETTY WELL SUMMARIZED.

WOULD YOU LIKE TO SHORTEN IT AND GIVE A BRIEF SUMMARY AGAIN? OKAY.

STAFF FINDS.

THIS CAN MEET ALL THE REQUIRED CRITERIA AS DELINEATED, OUR LAND DEVELOPMENT CODE AND RECOMMENDS APPROVAL AS SUBMITTED.

THANK YOU, SIR.

ANY WAY.

ARE THERE ANY OTHER COMMENTS BEFORE WE CALL FOR A VOTE? CHAIRMAN WILL NOW ENTERTAIN A MOTION REGARDING THIS ITEM IN YOUR MOTION.

PLEASE STATE WHETHER OR NOT YOU ADOPT THE STAFFS AND THINGS OF FACT.

IF FOR ANY REASON YOU DO NOT ACCEPT, STAFF'S FINE.

IT'S A FACT.

PLEASE GO THROUGH ALL THE DRESS EACH ONE SPECIFICALLY.

IT'S WHY YOU DO NOT CONCUR WITH STAFF'S PHONE.

DANG.

I HAVE A MOTION.

OKAY.

I THINK THE FACTS JUDY MAKES A MOTION.

DO WE, I'M SORRY.

I'LL SECOND MOTION.

WE HAVE.

YEAH, I HAVE A QUESTION.

ARE THERE ANY QUESTIONS THAT WAS IN WELL, MR. CHAIRMAN? I, YEAH, THIS IS, UH, THIS IS KIND OF DEAL GOAL IN A

[00:45:01]

WAY BECAUSE, UH, THERE IS SOME POTENTIAL NEIGHBOR OFFICES, BUT THE STAFF HAS FOUND THAT IT MEETS ALL THE LEGAL RECORD.

ALRIGHT.

SO, MMM, RELUCTANTLY, I THINK I'M A WILL ALSO APPROVE IT TOO.

THAT'LL BE MY VOTE.

THOSE IN FAVOR OF THE MOTION SIGNIFY RAISING YOUR RIGHT HAND PASSES UNANIMOUSLY.

THE NEXT CASE

[B. Case No.: CU-2020-04 Address: 8046 Highway 98 West Request: Conditional Use approval for used autos sales in a Commercial zoning district Requested by: Aaron Wiese]

IS CONDITIONAL USE 2020 DASH.

OKAY.

FOUR HIGHWAY 98 WEST BOARD MEMBERS.

HAS THERE BEEN ANY EX PARTE COMMUNICATION REGARDING THIS CASE? SEEING NONE.

DOES ANYONE HAVE KNOWLEDGE INFORMATION OBTAINED FROM A SITE EXISTED OR OTHER SOURCES SEEING NON DOES ANY MEMBER INTEND TO REFRAIN FROM VOTING DUE TO A VOTING CONFLICT OF INTEREST? MR. CHAIRMAN, I'D LIKE TO ADVISE THE BOARD THAT I AM A CLIENT OF THIS.

UM, OH, I'M SORRY.

I'VE GOT THE WRONG NAME.

THAT'S THE NEXT? YEAH.

SORRY.

I'VE GOT THE WRONG GUY.

OKAY.

SO YOU DID NOT INTEND TO NOT VOTE.

WELL, THE INDIVIDUALS ARE A PARTY TO THIS ITEM.

PLEASE COME TO THE PODIUM, IDENTIFY YOURSELF, NAME AND ADDRESS, RECORD AND BE SWORN IN BY THE CLERK.

YEP.

OH, TO THE APPLICANT? UM, YEAH, I DON'T HAVE ANYONE HERE FOR THAT CASE.

MR. CHAIRMAN, IF WE DON'T HAVE ANYONE TO PRESENT THE CASE, UH, I WOULD MOVE IT.

WE WOULD DROP IT OR MOVE IT TO THE OKAY.

NEXT HEARING.

WHAT WOULD STAFF RECOMMEND? DO YOU WANT TO OKAY, TOMORROW? WELL, OKAY.

THEY'RE THE HEROES.

OKAY.

UM, IF WERE TO REQUEST NOW THE COUNTY WOULD HAVE TO PAY THE ADVERTISING AND THE MAIL OUTS.

UM, DISREGARD THE QUESTION.

YES, SIR.

IT'S TRUE.

WE DROP THIS CASE.

WE HAVE A MOTION TO, TO CANCEL THIS, UH, 80, 46 HIGHWAY 98 WEST BY MICHAEL.

DO WE HAVE A SECOND ONE, ONE QUICK QUESTION.

UM, SO THERE'S A TIMEFRAME.

IF A CASE KNOW, I CAN REAPPLY IN THIS CASE, JUST SAYING DROP COULD REAPPLY LATER.

YEAH.

YEAH.

THEY CAN REAPPLY LATER.

I BELIEVE MS. CHAIRMAN, UH, IT'S THE, THE CASE HAS NOT BEEN DENIED.

IT'S SIMPLY BEEN A DROP TAKEN OFF THE AGENDA.

RIGHT.

SO THEY CAN REAPPLY JUST WANTING TO MAKE SURE.

OKAY.

YEAH.

OKAY.

WE HAD A SECOND BY JUDY MOTION.

SEC, THOSE IN FAVOR.

SAY AYE.

RAISE YOUR RIGHT HAND.

THOSE BLACK, SIR.

OKAY.

NEXT CASE

[C. Case No.: CU-2020-05 Address: Highway 29 North Request: Conditional Use approval to construct a kennel on a vacant, HC/LI zoned site Requested by: Hammond Engineering, Inc., Agent for Cozy Cottage Grooming and Boarding, LLC]

IS HIGHWAY 29 NORTH CONDITIONAL USE 2020 DASH OH FIVE BOARD MEMBERS.

HAVE THERE BEEN ANY EX PARTE COMMUNICATION WITH STARTING THIS CASE? NO.

DOES ANYONE HAVE KNOWLEDGE AROUND? I SHALL OBTAIN FROM A SITE VISIT OR OTHER SOURCES.

SEE, DOES ANY BOARD MEMBER INTEND TO REFRAME FLOATING DUE TO A VOTING CONFLICT EVENT? MR. CHAIRMAN? UM, WE NOW WE'RE ON THE, UH, PROPERTY REFERENCE THAT I SPOKEN ABOUT A MOMENT AGO.

I JUST WANT ADVISE THE BOARD THAT I AM A CLIENT, UM, OF, OF THIS BUSINESS.

AND, UM, ANYTIME I LEAVE MY PROPERTY OR RETURN, I DO DRIVE PAST THE PROPERTY, BUT I HAVE NOT STOPPED AND LOOKED AT THE PROPERTY.

I HAVE, UM, INVOLVEMENT WITH THIS COMPANY.

COUNSELOR.

CAN YOU, YEAH, I GUESS TELL US IF HE HAS A CONFLICT.

SEE THAT IS A CONFLICT WITH HIS BEING A CUSTOMER OF THE OKAY.

COMPETENT.

IT'S A, IT'S A PATTERN I'M LOOKING TO ADD A KENNEL OPERATION.

YEAH.

I AM A CUSTOMER OF THE, UM, BEING AT BOARDING.

[00:50:02]

OH, I'M SORRY.

NOT THE ENGINEERING 20 CONFLICT.

OKAY.

I DID.

OKAY.

OKAY.

SO IT'S NOT NECESSARY FOR GET IT TO APPLYING TO VOTE.

THANK YOU.

WE WOULD HAVE HAD TO, UH, OKAY.

THIS CASE BECAUSE WE WOULD NOT BE ABLE TO HEAR.

YEAH, WE'RE READY.

THAT'S GOOD.

INDIVIDUAL, PHIL.

JUST WHAT THE PARTY COME FORWARD AND STATE YOUR NAME AND ADDRESS.

OKAY.

GOOD MORNING, ALEX, STAIRWELL, HAMMOND ENGINEERING INCORPORATED.

PLEASE RAISE YOUR RIGHT HAND.

DO YOU, I SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

I DO.

THANK YOU, MR. CHAIRMAN, IF I MAY, WE DID SEND FINDINGS TO THE FIRM.

MR. STIR, WALT HAS HAD ACCESS TO THOSE.

THEY'RE OBVIOUSLY REQUESTING APPROVAL.

UM, STAFF FOUND NO REASON TO W WE DIDN'T HAVE ANY ISSUES AT ALL.

WE ARE RECOMMENDING IT.

YEAH.

WE DON'T HAVE ANY SPEAKERS, MR. CHAIRMAN.

I WOULD.

I THINK I'D LIKE TO HEAR IT USED TO BE SUMMARY FROM THE APPLICANT.

OKAY.

OKAY.

OH, BRIEF IT JUST BRIEFLY AS A, UM, DOG GROOMING FACILITY, UH, REQUESTING CONDITIONALLY.

OKAY.

BECAUSE OF THE ZONING IS ACLI THERE THERE'S NOTHING THAT WOULD STAND OUT TO US TO WHERE YOU, THE CONDITIONAL USE AND H UM, IT FITS IN THE CODE AS FAR AS MEETING YOUR CRITERIA JUST SPECIFICALLY UNDER ACLI DOG.

GROOMING IS NOT IN THE CODE.

THAT'S THE PURPOSE OF THE CONDITIONAL, THE KENNEL.

IT CALLS OUT, SORRY, KENDALL.

OKAY.

SPECIFICALLY, BECAUSE OBVIOUSLY THERE CAN BE NOISE ASSOCIATED WITH OUTDOOR KENNEL.

UM, AND ONCE AGAIN, AFTER STAFF REVIEW THAT SURROUNDING LAND USES EXISTING VEGETATION, WHICH PROVIDES BUFFERING FROM ANY NOT KENNEL NOISE.

UM, AND WHAT, HOPEFULLY KEEP ENOUGH OF THAT THERE TOO.

UH, FRANK FROM THE EXISTING HIGHWAY 29 TRAFFIC NOISE.

I'M SATISFIED.

YES, SIR.

MR. CHAIRMAN, I'D LIKE TO GO AHEAD AND MAKE A MOTION THAT WE APPROVE THE CONDITIONAL USE AND IN THE STAFF'S FINDINGS OF FACT, MICHAEL, SIR.

OH, SECOND.

THOSE IN FAVOR.

RAISE YOUR RIGHT HAND PASSES UNANIMOUSLY.

THANK YOU.

THANKS GUYS.

UM,

[7. Discussion Items.]

ADDITIONAL, UH, ITEMS. YEAH, SORRY.

WE DO HAVE ANOTHER MEMBER THAT WILL BE JOINING.

I WILL BE SWEARING IN AT THE NEXT MEETING.

IT'LL BRING US UP TO OUR TOTAL COMPLIMENT OF SEVEN MEMBERS.

UH, THE FIVE COMMISSIONER APPOINTED AND THE TWO AT LARGE, UM, HOW YOU WANT TO PROCEED AT THAT POINT, ONCE YOU, YOU KNOW, HAVING A FULL BOARD, AS FAR AS, UH, VOTING FOR A, A PERMANENT, I HAVE A PRO TEM CHAIRMAN AND VICE CHAIR.

I'LL LEAVE THAT UP TO Y'ALL SURE.

YEAH.

RIGHT.

NO, NO, OBVIOUSLY NOT.

OKAY.

OKAY.

OKAY.

YES, SIR.

YES, SIR.

UH, DREW MY, SO IT LOOKS LIKE OWN JULY 20.

WE WILL HAVE A MEETING THERE, RIGHT? THAT THAT'S THE POINT MUCH THE, WHAT YOU'VE SAID.

OKAY.

THAT IS STAFF'S GOAL.

UM, MR. IN A WAY WAS HERE, HE DIDN'T HAVE AN OBJECTION TO THAT DATE.

UM, IT IS JUST SIMPLY A MATTER OF GETTING OUR NEW METHOD OF DOING THE PUBLIC RECORDS, GETTING WHAT THEY'VE REQUESTED.

DO YOU THINK WE'LL HAVE ANY OTHER CASES BESIDES THAT ONE? WE HAVEN'T HAD ANYBODY SUBMIT ANYTHING BY THE, THE DEADLINE

[00:55:01]

FOR THAT ORIGINALLY? YEAH.

AT THIS POINT.

OKAY.

YEAH.

RIGHT.

LET'S ATTEMPT TO ADD ANYTHING.

DID HE? YEAH.

UH, GIVEN AN ADMINISTRATIVE APPEAL CASE, UH, THIS COULD BE AN EXTENSIVE ENDEAVOR.

YEAH.

CAN YOU ALSO SPEAK A LITTLE BIT TO THE CASE THAT IS GOING TO THE CIRCUIT COURT? THERE'S BEEN, WE'RE JUST WAITING FOR HIM.

OKAY.

SO IT'S BEEN HARD.

WE'RE JUST WAITING FOR AN OPINION FROM THE JUDGE.

WELL, YOU MAY RECALL IT WAS FIRST LYING TO A JUDGE WHO REQUIRED ORAL ARGUMENT AND THAT WAS SCHEDULED.

THEN THE JUDGE HAS RECUSED HIMSELF AND SHIFTED TO ANOTHER JUDGE.

AND I ASKED, OKAY.

AS USUAL ASSISTANT, IF SHE WAS GOING TO REQUIRE ORAL ARGUMENT AND THE JUDGE REPLIED NO NINE LAST PARTIES WANT TO HAVE OKAY.

IN A WAY DIDN'T SEEM, THAT'S YOUR REQUEST.

SO I'VE BEEN HEARING, THERE'S BEEN A WAR.

IT'S NOT RIGHT.

OKAY.

YOUR BRIEFING.

SO EVERYTHING'S BEEN FILED AND IT'S JUST BEEN SITTING AND WAITING AND IT'S NO.

OKAY.

THIRD JUDGE.

SO, UM, IT'S JUST, AND THIS, THIS APPEAL IS THAT THAT'S, THAT WAS THE CONDITIONAL USE AS REQUIRED BY THE ZONING.

UH, THIS APPEAL IS OF THE COUNTY'S ISSUANCE DEVELOPMENT ORDER.

OKAY.

BEACH ACCESS.

DID WE HAVE A COPY OF THE DEVELOPMENT ORDER IN OUR PACKET? REMEMBER THAT? WE DID.

I DON'T KNOW.

LET ME, I DON'T THINK WE DID.

MAY HAVE YES.

YES.

IN THE CASE FILE.

OH, OKAY.

ALL RIGHT.

I'LL MISS THAT.

IS THERE ANY, EVERY OTHER, A LEGAL ACTION HAS BEEN RESOLVED? WELL, NO, THERE IS THAT RIGHT.

AS FAR AS WE HAVE NO ONE.

YEAH.

YEAH.

OKAY.

AS A NEW BOARD MEMBER TRYING TO CATCH UP, I UNDERSTAND THIS AS A, UM, THE SITUATION HAS BEEN GOING ON FOR A NUMBER OF YEARS.

AM I CORRECT? IN ASSUMING THAT THE REQUEST BY THE COUNTY IS SIMPLY TO CLEAR THE PROPERTY? SO THE COUNTY'S REQUEST, UH, WAS TO TAKE THIS PIECE OF PROPERTY AND TURN IT INTO A PARK.

UM, THAT REQUIRED A CONDITIONAL USE APPROVAL BY THIS BOARD.

WE DID BRING IT IN THE STAFF, BROUGHT IT AS CONDITIONAL USE REQUEST.

IT GOT APPROVAL FROM THIS BOARD THAT CONDITIONAL USE IS THE ITEM THAT'S STILL IN COURT.

I'M WAITING TO HEAR FROM WHILE THAT WAS IN COURT.

THE COUNTY PROCEEDED WITH I'M APPLYING WELL FOR A DEVELOPMENT ORDER.

AND WE'RE ISSUED THAT DEVELOPMENT ORDER UPON THE ISSUANCE OF THE DEVELOPMENT ORDER.

THERE'S 15 DAY WINDOW AND THE THERE'S AN ASSOCIATION CONDO.

OKAY.

A SEAFARER CONDO THROUGH THEIR AGENT.

MR. DUNAWAY DID FINE.

WOW.

OKAY.

PERIOD.

SO WHAT'S THE APPEAL THAT'S COMING BEFORE THIS BOARD IS, IS THE DEVELOPMENT ORDER IS THE RIGHTS GRANTED BY THE COUNTY TO SAY, YOU MAY NOW PROCEED PULLING, PERMITS ASSOCIATED WITH THIS.

WHAT IS PROPOSED IS A PARKING AREA FOR PUBLIC ACCESS.

UM, AND I, I SEE, BUT THERE WAS A CONDOMINIUM THERE BEFORE IT WAS REBUILT CALLING IVAN, UM, COUNTY GOT THE PROPERTY.

THE COUNTY WANTS TO PUT A PARKING LOT TO HAVE PUBLIC ACCESS ON THAT SITE.

RIGHT.

THANK YOU.

I DON'T GUESS THERE WAS AT ONE TIME OF THE DOLLAR GENERAL STORE ON A GULF BEACH HIGHWAY OF THE, THAT DEVELOPMENT ORDER BEING CHALLENGED, THAT DIDN'T TRANSPIRE, THAT DID NOT.

UM, I SPOKE WITH SOME OF THE NEIGHBORS THE DAY BEFORE THE DEADLINE.

UM, IT WAS STILL UP IN THE AIR AT THAT POINT.

AND NO ONE ENDED UP FILING AN APPEAL I DIDN'T REALIZE WELL, WE'LL PROVE THAT, BUT THAT WAS

[01:00:01]

OKAY.

SO THE DOLLAR GENERAL SITUATION, AS FAR AS THE SPORT IS INVOLVED, MMM.

D C CAME TO A SETTLEMENT AGREEMENT.

IF THE COMPANY WANTING TO BUILD THE DOLLAR GENERAL, IT THEN WENT TO IT.

DIDN'T HAVE TO COME THE BOY POINT.

IT WENT THROUGH DEVELOPMENT REVIEW AND BASED ON WHAT WAS AGREED TO IN THAT SETTLEMENT AGREEMENT, WE ISSUED THEM A DEVELOPMENT ORDER.

THE, AND YOU WANT TO POST THAT HAD 15 DAYS TO FILE THE APPEAL AND THEY DID NOT.

OKAY.

ANY OTHER COMMENTS OR QUESTIONS? IF NOT, WHO'S FOUND THE JAR.

OKAY.

OKAY.

OKAY.

YEAH.

.

* This transcript was compiled from uncorrected Speech-to-Text.