Planning and Zoning Board - Regular Meeting

The Planning and Zoning Meeting for Wednesday, 05/14/2025, to order.

Can we have a roll call, please?

Chairman Kennedy?

Here.

Mr. Andrkovic?

Here.

Ms. Havener? Here. Mr. Hatcher?

Here.

Mr. Omelfatano?

Here.

Mr. Dewayne?

Here. Thank you. Before we move forward, I'm going ask that everybody please make sure that their phones are turned off or to vibrate. There is no minutes at this time. There is no old business at this time. The first item under new business is AR2025-one66, request for consideration of applications to fill the vacated seat of Eric Rainberg for the Planning and Zoning Board. Staff report, please.

Thank you. City staff have received four applications to serve on the Planning and Zoning Board. Eric Rainberg, the former Planning and Zoning Board member, won the special election and has vacated his seat. City staff would like to remind the board that this decision is a recommendation to the council when the council has the final decision. This recommendation would go to the 06/02/2025.

Staff is recommending the Planning and Zoning Board send a first and second choice recommendation to city council and just stipulate that that second choice be considered as an alternate request for the council to consider as well. Just as you know, pardon me, as you know, the planning and zoning board has a quorum of five, not four like the other boards. So I think an alternate would be helpful just to allow some flexibility for the planning and zoning members, also to give other people an opportunity to serve on the board as well. So the four applicants were Gigi Bennington, Patrick Fisher, James McGinnis, and Tim London. And with that, I'll let you call up the applicant.

Okay. Are any of the applicants here? Okay. You want to come forward and introduce yourself one at a time, please? Name and address?

Patrick Fisher, 2100 Air Park Road. Try not to bore you with with a statement, though. I was your typical hometown kid growing up here in Edgewater during the mid seventies, long before the days of computers and cell phones. You know, we ran the streets, played the woods, swam in the shell pits, and sometimes found ourselves in a little bit of trouble. I attended, Edgewater Public Elementary the first year it was open. Later, I graduated from New Smyrna Beach High School. Been here all my life. I worked forty years at Coca Cola in Daytona Beach, Drove up and down every day, back and forth. Married my high school sweetheart. So I I worked at Coke for forty years holding various positions and levels within the company.

Thirty five over thirty five of those years, I was in management. My career was focused on learning, leading, teaching, coaching, and developing both myself and others to achieve the highest standards of professionalism. My business acumen spends customer service, sales and marketing, distribution, logistics, and finance. Over the years, I've developed skills listening to people, analyzing issues and objectives, offering practical solutions. I take pride in my ability to solve problems and make sound decisions.

When necessary, I will seek out the information and strive to understand all perspectives and make a well informed decision. The fact that I'm here today with a prepared statement even, you know, should tell you something about my character. I take this opportunity serious and I will come prepared to do the work. Why the Planning and Zoning Board, you might ask? I am retired and have both the time and a desire to serve the community in a meaningful way.

I believe I can provide a layman's perspective to the board and a decision making process. Since I am neither a contractor nor a realtor, I I can represent the voice of every of an everyday resident, someone who understands the community not just from a business standpoint but as a lifelong member of it. Mister chairman has even extended the information on more than one occasion for citizens to step up and apply to this board. Here I am. I'm ready to bring my experience, commitment, and common sense to serve the city of Edgewater and the citizens and contribute to its growth and sustainability. Thank you. Thank you. Questions? Thank you.

Yes. My name is Tim London, 2632 Rutland Drive. I'm new to the area, four years residence of Edgewater, mainly from the Midwest, Northern Midwest. Came to Florida about four years ago or six years ago, did a project in Palatka, fell in love with the state, and basically retired to Edgewater. So been involved with construction all my life, familiar with everything that goes on, was in charge of major projects of $100,000,000 and sometimes up to craft a level over 1,000 people.

So I thought I'd try to get involved with the community and see if I can pay back a little bit.

Thank you. One else?

Okay.

Questions? Comments?

My contractor. So Mr. London stuck out to me pretty quickly. He's no offense, Mr. London, older version of me. I mean, he's got a lot of construction experience. He's got a lot of project management experience, especially looking at the size of these projects, the industrial stuff, commercial construction. So he's kind of already been working through the stuff that we're currently going through right now. So I think he definitely could be beneficial. And then Mr.

Fisher, in my opinion, honestly, the lifelong resident part is what got me because lifelong resident, I'm pretty sure you are too, right? So you also stuck out to me because of and you've been here. You've been very involved for a year plus now. So those two are my one and two, to be honest.

I scored Mr. London as one and Mr. Fisher as same.

I went opposite on that. But I mean, I do like the fact that he's been here. And it's also not on any other boards. Hasn't been into the council and all that other stuff like some other applicants have. And it just has that overall perspective, which I think is really needed and really important. And I'm sure being here for sixty years, I mean, you definitely know some people too. So I mean, it's my vote would be there, number one there.

My reasoning for Mr. Lund was experience, as Chris pointed out. We are in desperate need of looking fresh blood at some of the major projects that we're going to be facing. And I think that's Agreed.

But I mean, if we already have five contractors on board, there is no diversity

for other things. He's not a contractor. He's got an engineering degree. That's what I like.

Versed

with That's exactly how I looked at it too, George.

I got to agree with one and two. Very impressed with both of them as far as one locally. The

only thing I'll just add is that Mr. London also had applied to the economic development board and that board has recommended him for consideration or for appointment by the council. So he's going to be going for that recommendation as well. But again, it's the council's decision regardless of the board's recommendation.

Do we know whose pick

it is? Or are they

going to actually disperse it and talk about it?

The specific council member's appointment.

I do not know off the top of my head which one

is Okay. This

I'm just curious. When was the last time we had this situation? When was the last time I had a phone out? I don't remember, ever. And I've been on it for over fourteen years.

We must be doing something drastically I'm wrong if we got four

going to put Mr. Lyon on the spot. If you had a choice between the economic development board and the Planning and Zoning Board, which one would you choose? You got to tell

them the answer that you didn't tell the Economic Development Board.

When I listed both boards, I didn't think this would happen. I thought it would be one or the other. I believe I can help both locations. My experience of some of my customers lasted almost ten years and over multiple projects. So we were upfront early on in discussion with what they wanted to do with their funds and their construction.

It's fifty-fifty to me.

That was going to be my question. So project management and construction world encompasses a lot of different things. So were you more on the construction side, so to speak, or more on the budgeting fiscal side of that project?

I did both. The easiest way to explain my career was I was typically the main guy on-site. And most of our projects lasted two to three years. So I dealt the most with the budget, with the customer, and I dealt the most with long range planning on the projects. Okay. Thank

you.

All right. I'm going to the of

Directors Board London as one and Mr. Fisher as two.

I'll second.

Chairman Kennedy?

Yes.

Mr. Dewayne?

Yes.

Mr. Almefotano? No. Mr. Hatcher? Yep. Ms. Hebner? Yes. Mr. Andrjakovic?

Yes.

Okay. Next item on the agenda is VA2501, request for variances to allow encroachment into a side yard setback, pool setback, a height variance and a facade variance or detached garage at eighteen sixty six Banyan Drive. Can we have a step forward?

Yes, thank you. The applicant is requesting for several variances. The first is from Article five table V1, side dimensions minimum side yard setback from 10 feet to a five yard setback. We're also requesting from Article III, Section 20 one-three 609 to allow a swimming pool to be three feet from an accessory pool structure in lieu of five. And then Article III, Section 20 one-three thousand six six hundred hundred two, two, General Regulations, exemption from matching the architectural facade as a requirement when an accessory structure is over 200 square feet.

And then Article III, Section 20 one-three 602, General Regulations Part C, to allow the accessory structure to be 15 in height, which would be three feet higher than the primary, which is 12 feet higher. City staff did send out public notice within 500 feet of the subject property shown here. And the applicant did provide the survey and with a site plan concept plan. City staff did review the application against Article nine, Section 20 one-100.04D, non administrative variance, and found that the applicant could not meet all six of the criteria as required by the land development code for staff to recommend approval. City staff will note that the applicant was able to meet number two, seeing that there's been other variances nearby granted for garages.

And with that, staff will answer

questions. Open the floor

comments for or questions? One And of the things that I see is the lack of information on the structure that we usually get. And in all honesty, I mean, I really don't know what this is going to look like. I don't know. It's too many unknowns for me to make a decision on.

Is a comment in there about metal siding, which I don't know what that means. Is it one of those prefab like things?

Yes. We've been through this before with garages, and we've been burnt. And I have to say that based on this information, it doesn't our level of requirements.

And for me, I mean, you're talking about a 15 foot height building five feet off the property line. This thing is going be sitting above the fence. I mean, you guys all know, for me, that's a no. I don't want to be the guy at eighteen sixty two waking up in the morning looking inside of a warehouse.

We've been I still say that, that thing on Ole Mission is bigger than what we agreed on.

No, it's the right size. It was just big.

Mean, And was we cut it down. It's like, what? Does anyone else share this deal? I agree.

Mean, applicants not here. Exactly. What does that tell

you?

Well, on the other part that kind of got me to, so we've got a pool screen enclosure with three feet between it. That's just going to become this dirt walkway with a bunch of stuff piled five in foot between a fence and the building, same thing, going to be dirt, a bunch of stuff piled in it.

And just for a bunch of cars?

And while I appreciate it so that they can save money on their rent, maybe not buy a bunch of cars that you can't put somewhere on your property. Okay.

After some other comments, I'll close the public hearing and ask for a motion.

I make a motion to our NIVA 2,501 request for variances as stated. Second.

Who is the second? Thank you.

Mr. Wolf, are you going do your normal explanation that a yes vote is

It's a motion to deny. You say yes, then you want to deny the various yes. It's confusing. For that clarification. That's why we have you.

Dewayne?

Yes.

Mr. Almefitano?

Yes.

Mr. Hatcher?

Yes.

Ms. Hebner?

Yes.

Mr. Andrjakovic? Yes. Chairman Kennedy?

Yes.

Well, didn't speak up. Normally he jumps in pretty quickly. So I was like, wait a minute.

Next item on the agenda is VA2502, request for variances from Article five, Table five-one for a side yard setback reduction and a rear yard setback reduction for the property located at 20003 12th Street. Staff report please.

Thank you, Chair. Ben, the request before you is from Article five table V1 which is site dimensions and the applicant is requesting a minimum side yard setback in lieu of 10 feet of 8.7 feet. And the applicant is also requesting oh, I apologize 8.7 feet instead of 10 feet. And the applicant is requesting a rear yard setback of 12 feet from 30 feet with the hangar door that is being proposed. So the applicant is proposing to build an addition on the hangar to facilitate this hangar home for the special plane that the gentleman owns.

The applicant did receive HOA approval from the HOA. City staff did review the variance requests against Article nine, Section twenty one one hundred point zero four and found that the applicant could not meet all six of the criteria as required for staff to recommend approval. City staff will note that existing variances have been granted for the hangar homes in this area.

I will open the public hearing. Did you want to say anything, Mr. Katz? I mean, you don't have to.

Does this thing come out? It

needs to be left there. Yes, sir. Oh, okay. Sorry. I apologize.

I thought he was going

to talk to you. So

just the structure's already built where the first thing I think we said was 8.7 feet. That's already there. So we're just expanding toward the taxiway, and that's the ask. So yeah, that's the short of it. I live in the house next door. I bought this home for my mother-in-law. She lives there. And I want to put my plane in the hangar.

Oh, you want to put the mother-in-law in the hangar?

I have five sons. I might move to the hangar.

So

this to is allow me to put the airplane in the hangar. The airplane has a lot of up high stuff to do. And right now, my wife does that for me, like checking oil and stuff like that. And it's a lot easier if we could just walk next door and do it versus going down to the commercial hangar where it currently is. So I live next door and you guys were kind enough to give me a variance to get even closer to the taxiway on my house probably five years ago now.

You. Any other comments or questions from the audience?

Board comments or questions? I only had one, not a pilot, stayed at a Holiday Inn last night. There's not a lot of space between what appears I'm gauging it off your survey. So 12 feet is not a lot of space between the building and what I'm going to assume is the edge of the taxiway?

It's not the edge

of the taxiway.

Okay. That was the okay. Because I was just afraid that if you were parked on the ramp, are you impeding another aircraft from coming behind you?

No. When I talked to it with the aircraft or the airport manager, that's where we came up with those. Okay.

That was that letter that they gave permission.

Well, I know I just it doesn't give us any reference to like his property line to the actual taxiway. So was it the taxiway next to his property line where his tail is hanging out in the middle of taxiway now. Okay. Gotcha. Okay.

Can can you come up to the podium,

Thank you.

These are all airport people here. We've come here to support Clayton and what he wants to do. We think it will enhance the airport. And he's got approval from the Massey's to do that. And their concern was the hangar door, exactly what you said, with the tails of the other airplanes. And they made you move it back, right, where it wouldn't impede on them. We're all here to support them. And we think it'll enhance the airport, the community, everything because it's lot of money. And now that's all paved there, by the way. So it's really turned out nice.

I mean, the

airport's And really coming up it will enhance it. And again, we're all here to support it as well.

Sir, please state your name and address for the record.

I'm John Craig, C R A I G M, a neighbor to him. 1903 12th Street. I'm a neighbor to Clayton.

Thank you.

Well, Tom, what's your questions? Well, all I can say is if Mr. Massey signs off on this, it's pretty strong.

Know him well. Okay. I'll close the public hearing and ask for a motion.

Motion to approve VA 2,502.

Second.

Sorry, Albert. You're quick, man. It's that Holiday Inn's Day. It was. Express. Mr.

Dewayne?

Yes.

Mr. Amalfitano?

Yes.

Mr. Hatcher?

Yes.

Ms. Hevner? Yes. Mr. Andrzejkovic?

Yes.

Mr. Chairman Kennedy?

Yes. Okay.

VA 2,503 is the next item on the agenda. Request for several variances from Article five, Table five-one to construct a new single family home on the property located at 216 North Riverside Drive. Staff report, please.

Thank you, Chair. Request before you is from Article five, Table V1 again, site dimensions, city staff did send out public notice within 500 feet of the subject properties. The applicant is requesting a variance from footnote five of table V1 with Article five to reduce the minimum two story side yard setback from 15 feet to 10 feet. They're also requesting to reduce the minimum lot size area from 12,000 square feet to 10,000 square feet. They're also requesting from table V1 site dimensions.

And within that section, article 20 one-four 104, in lieu of a 50 foot mean high waterline setback, they'd like to request a 26 foot mean high waterline setback. And then lastly, table V1, site dimensions to allow the wetlands to be immediately adjacent in lieu of the required 25 feet. City staff did review the application against Article nine, Section 20 one-one hundred-four D and did determine that the applicant could not meet all six of the criteria. City staff will note that there are certain policies within the comprehensive plan, such as upland buffer requirements within our conservation element, conservation policy 1.6.2, that we will maintain a 25 foot upland offer. This was granted a variance in the past, which is set to expire.

City staff will note that adjacent properties have been given these variances, most recently at 217 North Riverside Drive, 417423, And 503. And with that, city staff will be happy to answer any questions or concerns.

Thank you. I'll open the public hearing. Yes, in the audience. You want to come forward and give us your name and address, please?

Brian Lee, 210 North Riverside, across the

street. Mr. Lee, I believe that this property had a variance approved on it in the past. Is that correct?

Yes, sir. Twice. Twice? Twice.

Okay. And what year was the last one granted?

'22, I believe it was, right in the the middle of COVID.

What happened? What happened?

What happened from that time period to now? Like what caused the delay to get you to this spot?

Mostly, well, there's health and finance mostly. Okay. But it was and then the COVID course threw a wrench into everything too. Okay. I think it was

'21 actually. So in

'22?

'22, 03/09/2022, the planning and zoning board approved all of their requested variance. The requests tonight are the same that were approved on 03/09/2022.

Anybody else have any questions? I just have a question because I walk the property and ride down there every day. And my question was the Coquina Rock retainer wall. That to the east of that is all it looks like Marsh. Mangroves. Mangroves. Wetlands. It's wet. So that doesn't come into play with the variance going it says from the mean high water level, that mangrove stuff?

So he's also requesting so typically, it's a St. John's requirement. The city's codified it. Most cities have it. Typically, there's a 25 foot upland buffer from wetlands. On this site, that would push the property further towards Riverside. Right.

Guess I'm thinking in hindsight, is that something that we need to look at in current

the yeah, would say yes because we keep approving variances for this. I think typically so in the comp plan right now in the land development code, it kind of talks about shoreline protection. That's why we have the 50 foot. We have the 25 foot upland buffer. And that's also to preserve some of the open space on the river.

We also have a policy of not hardening hardening the shoreline. Now he's not doing that on this one with his seawall. But actually, in order to use a seawall at the city, an engineer has to prepare a report for the city demonstrating demonstrating that any other kind of technique for bank stabilization won't have a positive outcome. And so that the only solution left is to harden. And so that would need to be relooked at as far as a policy if we want to encroach in this area.

So right now, he's wanting to encroach the 25 foot upland by how much? How far away at all? Literally, the wetlands can be right up against the corner of the house?

Yeah, so the property actually has there's a right after the volcano rock retainer wall, it looks like there may be a conservation easement based on the survey in that area. And it's also flood zone AE, so it's in the hundred year flood zone there. And right now he's noting from the main high water line he has a setback of 32.38, but it doesn't indicate the setback from the Coquina Rock Wall.

So

maybe let me put the survey up and then

it looked so the Coquina Wall is actually already there.

Correct.

Okay.

That was done during the first or second variance.

Got you. Because it doesn't tell us that. Bob's picture showed me that the wall was already there. I mean, the only other question I had was, are we going to enter the same thing I said with the whole stem wall thing not too long ago. Are we inadvertently setting ourselves up for another variance request because like the way his site plan is right now, you have nowhere for a swimming pool. So twenty years fast forward, ten years fast forward, you know what we want to put in a swimming pool, there's only one place for us to do it, and it's right in the middle of that conservation easement.

It's actually going to be incorporated into the

Into the structure? Into the structure. Okay. All right. That was the question.

I have a local builder already talking with him about how it's going to be done. He's done it at his house. The

pool is going to be incorporated into the structure.

Into that 41 by 70 footprint Okay.

Thank you.

And just so you know, during that one hundred year the first one hundred year storm that we had, the water never crested the top of that pad that you saw there. Just like the neighboring property to the north, it never went in his garage, they're sitting at the same level. If it didn't happen then and plus we're going to go up with a stand alone.

I was

just going say, do you have to

Our finished floor will be 8.5 feet. And that's sitting at 5.1 or something like that. Another three feet higher for the finished floor.

Any other questions? How are you

going to stop your runoff on your 10 foot setbacks now that you just said you're going up eight and a half

feet? Just

have to do a stem wall here just because the property is so much smaller. Because they're in the special flood hazard, compensating storage is required. So cup for cup. So when you get on these river lots, yeah, you're to start noticing people are going to be digging out front yards on the roadside. I

already have a couple of spots already on the south and the north end out by the side walk. Was part of the plan, even deeper if I have to. It's deeper. I already have a water retention design already in place.

Any other questions? Thank you. That's it. Any other comments? Sure.

My

name is Joe Grobrowski, 217 North Riverside. So I am the house to the north of Mr. Lee. And my biggest concern is there's just too many unknowns about the water issue between the two houses. My garage is, right now, the level of his pad.

And if you approve a 10 foot setback, when he builds his house, there's not going to be enough area for it to absorb the water. And the runoff from his house is going to come straight towards my garage door. We already get water in there when there's light rain. And that's our entrance into the house. So when you come off my driveway into the garage and you come out the door of the garage, you're at the level of his pad right now.

And I have 15 feet set back. If he gets 10 feet, then I don't think there's enough room. There's just too many unknowns about how the water is going to run. All the other variances he's looking for, I'm okay with. It's just the 10 foot between the two houses. It doesn't even fit in with the neighborhood. You're talking Riverside Drive and you're going to have two houses 25 feet apart in this particular area. I know there's other areas where they are that close. But in this particular area right up the street from where we're standing today, there's no houses that are that close to each other. I have a picture.

Am I able to share that? So that's the pad and what I'm trying to explain is just past the jet ski is where my door is to my garage. And that is the same level or even lower than the pad today. So what I don't understand is how the stem wall is going to be built, how much dirt is going to be added, and how much slope there's going to be to push more water towards that garage door.

If you

can go to the next picture.

I don't think there will be any. The stem wall is going to go up and there's going to be dirt inside the stem wall, but I don't think he's going to be able to bring the grade around the house up at all.

That's what my concern Yes.

But what I'm looking at is this retaining wall that separates the two of you. Is that coming up at all? Is the retaining wall going to come up at all? Or is it just going to stay that high?

That's my wall. I don't plan on.

Well, no, no, no. Well, so where I was going so you're not the intent isn't to add any dirt to the current.

Right.

So that kind of so between your retaining wall and his swale, that's probably going to curb any water from leaving this property.

Can we go to the next one? There's a couple

more The building

department is going require that all the water gets retained on the property.

So there's the concern, is that water right there being pushed. If there's any more dirt added where that white stake is, that white stake is 10 feet. That's what was approved before. And that's before all the concerns in Edgewater with the water. You know, the issues with water everywhere in Edgewater, New Smyrna Beach are now

-Yes, sir, for your public comment.

-True. Is that it? My time

is up?

Oh, sorry. Next.

Richard Hartman. I actually own the other side of Mr. Lee's Lot 209 North Riverside, the one nice and high with retaining walls along side of it there. Obviously, Brian has been working on this for a couple of years, but I didn't even realize. First off, I wasn't notified that there was any variances requested.

I wasn't notified about any of this meeting. So that's a little concerning. When was this lot subdivided back off 216 North Riverside? Can anyone answer that for me? Attached It to 216 a couple of years ago so they could bypass the permitting to be able to build a dock with no house on the property. So last I knew that, that lot was still attached. So is it still attached or has has been it subdivided back off?

No, believe it's been subdivided.

Okay. Well, I had no idea. It's still showing 216 on the rolls, so it should be 211.

It is one property right now. The intent of the variances is to

Well, I think it should be subdivided before we're given variances.

It can't be subdivided because it would be creating a nonconforming lot. Hence, the reason to give these variances to create a lot

Okay. Well, again, it's nonconforming, but his lot is 104 feet wide. Mine's 100 feet wide. I was more than able to fall within the 15 foot setbacks on both sides. So I'm not feeling a whole lot of that. But I am a little concerned. We put retaining walls up. You and I have spoken. Me and planning the water guys have all talked, and I was required to keep all the water on my property. His coquina wall, if you're allowing that house to be built right against the coquina, all the rain off the back of house is going in the lagoon.

And I had to run circles and loops with storm water to keep mine on there. I have retaining walls around it that got a six, eight inch way to stop the water all the way around the property. Granted right now on the side of Mr. Lee, we were originally talking about bringing the lots up together. That changed, so I will have to still do a retaining wall on my north side.

It is a little concerning, and I feel that there's plenty of room in a 15 foot setback on a 100 foot wide lot to build a two story house without having to encroach on Mr. Grabowski's lot or towards mine. I agree with Mr. Grabowski as far as why are we cramming this house in here? If we're going two stories, my house is 4,000 square feet and I'm well within, mean, house is 60 feet wide.

I don't think you need a whole lot more to do that. And as I said, I didn't know about the subdividing and all that because it's been a convenient thing for him. Each time, I'm not sure if he's going to we've been told he was going build three different times, start to build, not build, reattach, do a little more, put a new for sale sign out, whatever. But I think you guys should shoot down at least the side setbacks. Thank you.

Anyone else? More comments or questions? Just a comment. Front of this gentleman that just spoke, the sidewalk gets flooded all the time there on the other side in front of his house. And I because we ride down there, and we had a detour around it.

So there's standing order, that's an issue at present there. And the runoff is a concern. I think we need to really look at that. If, as the gentleman pointed out, went back to the original 15 yard setback, which I think we've adjusted on other structures, I think that would

amicable in a sense, 15 feet.

Feet. What did I say?

15 yards.

15 feet. I'm sorry, 15

said a first down. I

mean, to prevent if we can prevent an issue, that would make a difference. I'm not sure. I'm not an engineer. I'm not a He has a good point about it being just ran off right into the That's

what I was going ask Mr. Lee. Is there any reason why you couldn't bring the house forward?

Foot setback is reason for that.

Well, know. But you're asking for four different changes here.

If you want to do that, that's fine. I'd like to get it off the cocaine wall anyway. Just so you know, there's going to be another four foot big coquina sitting across the top of that. So there's going to be an area that's going to keep the runoff back out of the lagoon, as he said. In other words, the top of the existing there. And we went to a lot of trouble to keep it more natural and keep all the vegetation. We didn't fill ours full of 200 loads of sand and stuff. So we deliberately did that and we wanted to keep it more natural. And if you do a single story, I thought a single story, you can do 10 foot setbacks. Is that correct? It's always 15? Step back to step back.

And so on single story on the river, yeah.

It's 10 foot.

It jumps to 15 when you go to

Two story. So if we do a single story at 10 foot or two story at 10 foot, other than the height being an issue, you were talking about being close to a fence or whatnot, we have no intentions of fences. But it seems to me that if the city has already told me what to do for retention, front, backsides, everything, and I dug out, like I said, down in the front. And I'm willing to work with both of those guys if they want to go up on his wall on the north side and on his retention down on the north side of his property, the south side of mine, down by the sidewalk. We can come up with a plan there, join it up and retain all his water and my water down there.

Just a thought.

Once. Oh, know. Actually, twice. I know.

That's sort

of proved that we're

like, why were they approved? We've got

a lot of floating. Again,

I would like

That's not really Within

the last

two years, basically, George, other issues have come to surface surface along Riverside with water, let's say, in the city of Edgewater. I know it's been done in the past, but we've had things looked at. Was on the Board when this happened. I would be curious if I voted this the last time. But I had questions right away about it because of the closeness to the vegetation in the back of the east side by the Coquina wall and side yard.

So can we move the house further? Can we come to the We west

just change the front. Instead

of it being a 40, make it a 35 in the front. And that gives him 10 foot off the back. And then that actually he'll still have 10 foot on the south.

We can reduce the size of the footprint too. I mean, we don't have to that's just the way the original one was. We wanted to reinstate what was done before.

We have wiggle room. Yeah. That was going to be one of my questions. So you don't have an actual home engineering.

We had plans designed, engineered, and everything for the like when he was talking about when I was talking about building. And a lot of stuff happened. But the reason we attached it also was to get around the building of the dock. But also, my father-in-law, who's passed away, we have to sell his property. So that's part of the reason that we're selling and splitting it off. We don't want our lot to go with it. We're planning on just enjoying it with a dock on it, with his house, and not going into the building. It's a lot of money to build a house. So that's been

So the reality is he's going to have to have his plans re stamped anyway. We do. We're

actually going

No, I know. I was letting them know. Some the board might not know that after a few years, you can get things restamped to the new code.

How we address what we

were discussing now? I mean, he said he was willing to lessen the footprint. So how do we change? What if we say, let's hold the 15 on the sides and then lessen the front setback for 35, that allows him to keep the house. That's what we need. 10 off the block. That would put us

at probably will be pretty unnoticeable.

I was actually talking about the front to back, not the side to side.

I know, but I'm just trying to see if we can compromise all the way around here.

Right now Split the difference.

Based on the survey, it looks like the gentleman on a one story product could get it 72 feet wide. On a two story product, you can drop it back down to about 62

feet wide.

Which has nothing to do with the water. It just has to do with the house.

Which is pretty much what the north and south houses are going to be. They're just turned the other way.

So there's four requested action. Can we get down each one and how are they going to change? Are they going to stay the same? What's the plan here? I think the first one, setback from fifteen to ten.

I personally like the 15 only because it's going to start to look like a subdivision. Okay. So

let's circle that. Okay. So that 15%. It's going to stay at 15%.

Well, that's just

No, I'm just saying. I'm just saying, we're discussing it, Chris, and we need conversations like this. Okay. The next one. Has that changed at all, the size?

I mean, reducing the minimum lot size, I mean, I don't don't qualm about that too much. The guy's got a piece of property. And if we can figure out a way to let him build his house on that piece of property.

Oh, yeah.

I agree. Okay.

Now the next one. 50 foot before I step back,

it's like 26, point to Meanhardt. I mean, we've done this time and time again. I mean, Carl's co founder has a bunch of properties.

But isn't this the one we're talking about changing?

Well, yeah, I mean, this one is something that we would need to look at.

If we're moving the house forward on the lot, going to be 10 or it's going be further feet away from

what I mean. Exactly.

31 feet, not 26. Yes. So that think what I was going to say is that, to me, number three, I mean, we've done it in the past. There's no reason why we don't do it again. And we're talking about potentially changing it anyway. Now we're down to

Do you think a five foot difference on the sides is going to make it go from subdivision look, in your words, to no subdivision look?

Personally, yeah. Because across the street from my house is a subdivision that has five foot setbacks, and it looks like you could be washing dishes.

Those are zero lot lines. Those are zero lot lines.

But they're not actually zero. They're five feet off the side.

They cost.

To answer your question, yes, to me, I think, especially when you start looking at it from a two story perspective where you got two towering tall houses. I shouldn't say tower.

Well, one to the south is set back farther. So it's not actually side by That's an advantage. And then his garage, he's got, I think, a three or four foot stem wall going into his house. It's his garage he's referring to, potentially. But we can cure all that. If it hasn't happened now, it doesn't make a difference. It never crested the top of that. I have pictures of mine. I didn't bring them, but during the storm. We lived across the street. So I was out there during the storm at the peak, and it never went over the top of that. Never went over his wall either.

So number four, the reality is the Coquina Wall is already sitting there now. Number four is already

But do we need to add a fifth?

How about splitting the difference on the 15 feet? That way I don't have to crunch my house into a 50 foot spot instead of a

What is the south side setback at that short corner? I don't have my reading glasses on me. Somebody blow up the survey.

Where are we talking?

The south, what would be the Southeast corner? Because that's the narrowest part of that lot line.

That's 10

That is the narrowest point? That's the 10 foot? Okay.

Well, it's an irregular shape. So it's 10 foot off of Joe's house, his wall.

Thank you. That's what I wanted to see.

Chris, get

this. He's got a big I know a

I know a guy. I read this.

I 'm able to make fun of me at those pictures.

I make fun of myself every day, Charlie.

They help.

Sir, the property to the south, how far is your North Side setback? So you're at fifteen? So what if we compromise here and say and the only reason I'm saying it this way is because that south line is the odd shape, right? That's the triangle, so to speak. So the front corner of the house is 15%, back corner is going to be 10%.

I think it's also important to note that by granting this variance, you are granting the right to split the property and then to subsequently allow for them to build another house on this new lot. So the variance in and of itself, which doesn't sound like the board has a problem, I just want the board to be aware of the bigger picture here, which is quite through this variance request, we are facilitating development on the Ripper through the construction of a single family home. That right is quite a powerful itself, and it has a lot of benefits to that right. And so the request for additional variances,

I think, would you follow-up?

I think the Board should look at it with some scrutiny, considering you're already giving the right to you've now created a riverfront block that is now the bestowed deposit. So I just want to keep that out, especially keeping in mind with some of the complaint policies that that are still in the balance.

I think the bigger thing is at some point we have to I shouldn't say pushback, that's not the right word to use, but it's going to be more consistently enforcing the land development code. So and I get what Ryan is saying because, I mean, the reality is right now, this isn't a buildable line, right? Yes. Right now, it's just real estate. So, you know, like I said, I mean, me, I like the side setback.

My compromise was going to be to hold the 15 feet on the north north side setback only because he's got this weird line on the south side and it's 15 feet at the front. My compromise was going to be let him have his 10 foot on the south, hold the 15 on the north.

And I still kind of would like to see

the house come forward west five feet to get it off the Coquina block.

Can you come up to the podium please?

Right, yeah, it will. It will make that 10V.

That 10V will be like 12.

And then the front corner is going to be like 15 or 17. So I personally think that's a good medium. I mean, I know it's probably not what you were hoping, but it

I was just hoping to get it reinstated. But if that makes you happy, that's fine with me. Five feet is not going to kill me either.

Now you said something about the Cochina rock. So you're going to bring more Cochina rock up?

Just the big, big, big ones, four foot ones.

Oh, got you. Okay.

Set right on top of all that, creating more of a retention from the dry side, which, by the way, there's hardly ever water

in there anyway. Right. So I mean, how does everyone feel about that?

Does that sound reasonable?

It's not supposed to be.

Bringing the house. We bringing the house forward? Five feet, Chris?

I think so. Mean, so now we're adding a variance. So we're taking away number one. Right. And then we're adding allowing a 35 foot front setback in lieu of a 45 foot setback?

40.

Right. So sorry, Bonnie. Okay.

Three. Basically,

what we're going to do is we're to say we're holding we're going to allow I know I'm trying to get in my head so that this motion is like six minutes long.

Please be clear.

Can do it 47 times. UNIDENTIFIED All right. Let's do this. I'll make a motion to approve VA-two 503 with the following conditions: VA to allow a south side setback of 10 feet to add a variance for a 35 foot front setback in lieu of a 40 foot front setback and the remaining items two, three and four as written.

Second?

I'll second.

Mr. Dewayne?

Yes.

Mr. Alma Fotano?

I'm going say no.

Mr. Hatcher?

Yes.

Ms. Hebner? Yes. Mr. Andrjakovic? Yes. Chairman Kennedy?

Yes.

Okay. The next item on the agenda is the development services directors report.

Thank you. So we have a number of projects going through the process here at the moment. Are working on the comprehensive plan update. We plan to have a rough draft by the end of this month out to the public for the goals, policies, and objectives. Are still waiting. Staff is waiting on Senate Bill 180 to see if that gets signed. Senate Bill 180 gets signed, we will have to put a pause on the comp plan and any code update. And we will be repealing the moratoriums.

When is this vote expected?

We're waiting on the governor to sign a number of bills. He has number that are outstanding. But they've all been passed by the House and Senate and Florida. So some of the ones that we're tracking are that one, Senate Bill 180, which would not allow comp plan or land development code updates that are more restrictive. We would not be allowed to do moratoriums. Platts are becoming administerial if that law gets signed. So preliminary and final Platts would be an administerial process. No longer would need to go to counsel under the law.

Were they also trying to get rid of P and Z as well? Was that something else?

No. They were trying to get rid of CRAs. They've kind of backed off on that one, increasing the time on planning review. So they beat up on the building department enough. Now they're coming for the planning department. So they're tightening up the timelines for planning department building permits now. So it's just an evolution. So last year, the building department had ten days to get out single family home permits. Well, that's currently the law. And so we're meeting that.

But just these time constraints are just going to require more staff. That's the bottom line is to get this stuff out. And of course, the caveat is they like to make you reimburse the permit fees if you don't meet the timeline. So something to just keep an eye on.

While they're also slashing funding. Yeah.

Has that started? Pardon? Has a new senior planter?

Yes, she has. And she's getting her feet wet, getting exposed to all the projects at the city. New Smyrna Beach Passed Park. Dearing Park Innovation Center. So if you haven't looked at the Farmington local plan, take a look at it because the Farmington local plan basically outlined everything that is occurring now thirty years ago. So if you want to see the road map for what is about to transpire, it was put in the county's plan about thirty years ago. So that's 23,000 units outside of I-ninety 5.

You all should have ran for city council.

And I anticipate that the planning and zoning I'll be bringing to the planning and zoning board the first sets of plats probably June, July for Daring Park. Okay. And that's all I have.

Andy, thank you very much.

Good to you.