Planning and Zoning Board - Regular Meeting

Good evening. We're going call the Planning and Zoning Board for 08/13/2025, to order. Can we have a roll call, please? Chairman Kennedy? Here. Mr. Alan Futano?

Here.

Mr. Fisher?

Here.

Mr. Hatcher? Yes. Mr. Andrew Kovich? Here. Mr. Duane?

Here.

Mr. McGinnis?

Here.

Okay. I will ask before we start to make sure that your phones are turned to silent or vibrate. Next item on the agenda is approval of minutes of which there are none. There is also no old business at this time. Under new business, VA two thousand five hundred nine has been removed from the docket for this evening. So we will move directly to VA250.

Sure. If I just made just to give the board some explanation because I have advertised it twice. At first, staff was confident in our interpretation of the land development code. This particular issue at hand is it's a 40 foot lot. It's a platted lot in Florida Shores. It's never been combined. And it's on its own. And so staff needed to get a second opinion based on whether or not we need to establish a chain of occupancy for the land development code. It turns out we didn't. So this will be coming before the Board next month. Okay. Thank you.

Let's move on to VA 2507. Request to amend variance VA 2500 7 to allow for a three foot front yard setback the made in progress We

here. The applicant is requesting to amend the variance that was approved by the planning and zoning board by allowing to increase the size of the garage. The applicant is requesting to increase the size from 16 by 40, which is the condition of the last variance that was approved, to 18 by 40. This necessitates the need for an extra foot for the front yard setback. City staff did include within here on the second page of the staff report the approved variance to five conditions.

On the last one, city staff did find that the applicant could not meet all six of the criteria within Article nine, Section 20 one-100.04. City staff will read that last time the board granted the applicant a max building coverage of 45% in lieu of 30%, allow a front yard setback of four feet in lieu of the 30 remember, this is a side corner lot and then to allow a front yard accessory structure to eliminate the requirement for an accessory garage matching the facade. And then per this was stipulation number five to the variance was that for the planning and zoning board, the detached garages to be no larger than 60 feet in width and 40 feet in length with the 10 foot north side setback to be in line with the northeast corner of

the primary residence. And with that stuff, we'll be happy

Okay. I'll open the public hearing. Is the applicant in the audience? Okay. Do you guys have questions?

Give us your name and address, please.

My name is Fred Peters. I live at 203 Eaton Road. And the reason why my own due diligence, I didn't do enough research. When I went to order the building, they said you got to order an 18 foot wide building. We cut it down to 16. And to me, that's a waste of money. That's the reason why I'm applying to take the two foot out bigger. Since we moved it back and everything on the yard and everything else, so it won't be all in the front of the yard. So that's why I want to go two foot wider.

So they're going to charge you regardless for 18% even if you only need

Yes. If I get 16%, I still got to buy 18% and they cut it down.

Right. I'm looking at you because

you know It's the pretty typical. It's pretty typical with the drywall. They have standard size width because it's based off of a 30 inches panel.

Obviously, this variance was granted prior to you being on the Board. Yes. Or after you cut off.

This variance was granted last month.

No, we just I didn't know what made the most for this in the first place.

So we knew that he can only have 16.

Well, I think I'm the one that's I think initially, he wanted a sixteen

sixteen by 40. But when I found out that I was paying for two feet that were chopping off, that's the reason why I brought it back saying I I have the other two feet?

Yes, because we had a couple of scenarios here because in the end, that's why we decided instead of it being up close like in the drawing, he's got it up

here at the front of

the building. We pushed it back because he had a 10 foot rear setback at the north. So we could push it back. That way, we had a good triangle of sight on Eaton and Edgewater. So but at the time, he wanted a 16 by 40. So in my motion, I just said no larger than 16 by 40. Now he's found out that is it versus deal?

It's I'm dealing with Husky out of Orange City, another basic same Right. Everyone he called, they all say you got to buy the bigger and chop down. So it's like, come on.

Yes. They're all based off of a 24 or 36 inches panel. Right. Any other questions? No. So I mean, initially, we were at four feet, but you're going two feet wider. So what are you doing? You're going one foot closer to the house? Yes. And then one foot further to the east. Okay.

Any other questions? Thank you, sir. Okay. I'm want to close the public hearing and ask for a motion.

Did. Oh, you did.

Yes. I hope I did. Anybody else have anything to say? Okay. Closing the public hearing, asking for a motion.

I'll make a motion to approve as written. Not yet. Not yet. Yes, yes, yes. I made the motion to. Stand by. Let us

ping pong paddle ready to go back and forth.

Chairman Kennedy? Yes. Mr. Omo Futano?

Yes.

Mr. Fisher?

Yes.

Mr. Hatcher?

Yes.

Mr. Andrew Kovic? Yes. Mr. Duane?

Yes.

Mr. McGinnis?

Yes.

Now it passed.

Sir, there is a fifteen day wait period and then city staff will

Well, what I know you're chopping at the bit. What he's saying is don't order that building for fifteen days.

Just for me, I'm just curious because I don't like to have people waste their money and stuff, but how much extra was it going to cost you for that to cut it out?

Okay.

Thank you. All right. Next item on the agenda is VA2510, request variances from Article III, Section 20 one-36.02 to to allow four accessory structures in lieu of the limit of two, allow the accessory structures to exceed the total square footage of the primary residence by 102.63 think,

question. Past. Be And I aerial image map attached. The applicant is requesting able to add a 30 foot by 40 foot accessory structure. The property is 1.5 acres in size.

It has a future land use designation of low density transitional and a zoning district of rural transition. The applicant is requesting to add an accessory structure in front of the yard on a lot that currently has three accessory structures. The code does limit the amount of accessory structures on any residential property to two. May be likely will be a code change for our rural residential communities. But the applicant is requesting to have this accessory structure to the front yard.

The principal structure is 2,736 square feet. The existing three accessory structures are sixteen oh eight square feet. The addition of the proposed 30 by 40 foot accessory structure has a square footage of 1,200 square feet. This is how staff derive at a total accessory structure square footage with the proposed 30 by 40 structure to two thousand thousand eight hundred and eight, which makes it 102 of the primary residence. These are incompatible with the Article III Section 20 one-thirty six-two GJ and K. City staff of the the

of Directors Thank you. What is the limit on accessory structure percentage to the primary residence?

60%. Now Typically, we hold so these are standardized. So these accessory zoning regulations are standardized for every zoning district across the city. The issue with that, what we found in commercial, is that some people like to have more than two accessory structures on a commercial site, especially when it's industrial. That's when it gets tricky too.

Two, in rural transition areas, not so much if you have an ag exemption, but if you still have an agricultural zoning and you don't have an ag exemption, you're still limited to those two accessory structures. So in that case, these are the intent behind it is to limit clutter, impervious surface and building coverage on residential lots, especially residential lots in the city are primarily 10,000 square feet, 80 by 125. And so I think that is the first

19.

A strong 40 so still less than an quarter acre of so it would be four properties, just like 80 by 125 floor resource lots per se.

Yeah. If you thought about

it, then.

And it's still conforming and then some if you

were to do it that way, correct? I'm reading this right. The pad's already poured. Because the survey's got it as existing building pad.

Well, Tony, you want to come up?

Yes. I'll open the public hearing and I'll ask for the applicant to speak. We need your name and address.

Anthony Lancelotto, 1902 South Deer Park Road. The dirt that's there, that was where the pad has to go.

Okay. Got you.

I didn't do anything, but I'll check them first.

Okay. And it looks like you're coming up 4.14 feet from the natural grade to the building pad.

Right. I want to make it little bit higher so it doesn't flat out. Because we get a lot of water from the new development across the street. And the city where your landfill is, water comes right down our driveway.

Dumb question. Even though it's on your property, you've got that two storey garage already sitting there. How much higher is that gonna be than that two storey garage?

Oh, no. No. It's not gonna be higher.

Okay. That's why waited because it doesn't tell me on the survey how high that is.

What I'm gonna use the garage for is to put my tow trucks in there and my equipment in there so it's out of the weather.

Okay. No. Just wasn't shy because I'm, you know, thinking about flooding. If you ray I mean, that's pretty close.

Oh, yeah. No.

You're only 70 feet away. So if you bring one four feet up and that one's four feet lower No.

It'll probably be the same, yeah, same level.

Yeah. Water's going

to find its way there. So that accessory dwelling, it's it's it's to keep equipment and stuff like that.

Oh, absolutely. I'm not I don't know if you've went down my yard. My yard's like a puck. I keep everything nice and clean. I don't like clutter.

Where is the fourth structure going?

Well, one of them is a a well pump that I had there and they're calling that a structure.

Oh, they consider that an accessory structure.

The well pump is an accessory structure.

For real? Yeah. For real. That's what I said. It's a well pump. It's thick. It's three by three. The

shed in the corner is the one that got me.

Yeah. Just covering up the well pump so it don't get rained on.

You have a doghouse on the property.

It's like a doghouse. Yeah. Exactly.

How many of the little Rubbermaid sheds are there?

Except it's a small little shed for the well pump. And I really don't want to tear that down. Yeah.

Right. No, I mean, that makes sense to have a cover over it. I just didn't think that that would be considered an accessory structure.

It's the same thing like if someone puts up around their if they had stored their trash cans outside and they have a thing around or they put a cover around their propane, whatever is considered an accessory structure.

Is your pond able to handle extra runoff?

Oh, yeah. I won't have no runoff on that because where I'm putting it is right in between.

Right.

Yeah. And there's nobody near me that my water will run into their property. It's all woods.

Well, and I mean, on the survey And

in all fairness, I mean, you look at that picture right there, I mean, there's not a lot of, like, concrete and, I mean, it's a lot of land.

Yeah. It says asphalt driveway. Is it actually asphalt or Pushed asphalt. Millings?

Yeah. Miss millings. Yeah. I had shell there before, but the shell every time it rains, wash it out. Wash it out. Alright.

And then your neighbor to the east looks like he's actually higher than you.

That's my daughter who lives right next Okay.

So she looks like she's a little bit higher than you at nine feet versus your six and a half feet. Okay.

That was the first house I'd done. I was I built that that one for my daughter. Then I live in mine because I used to live on Oak Shale.

You got tired of getting all dirty driving up and down.

Well, we're down in the back and nobody comes down there. It's nice. Okay.

Any other questions?

Yes. Can we revisit the finished floor height that you were you were talking about the finished floor height. When you say the finished floor height on this garage is going to be the same as

Same as the other one, yes.

As the existing. And so we're going to move this 25 feet from the property line instead

of Absolutely.

So how much fill is going to how far out is the going to extend from the actual

See, when you build them, right, they want the slab the same dimensions of the building. They don't want any overhang. So there'll be no overhang on it.

No, you're yeah. Not So the fill How far out will the fill go from the

He has to have five foot of stabilization around the perimeter, which means to very, be

field is

remember now. Might be three one. Be three one.

Probably just a little slope on each end, you know.

So in this case, he's got 4.14. So he's going to have five plus another 12. So he'll have about 19 feet going away from the building. And he has that

with that 25. Yeah, he's

got it. Well within it.

City staff would just ask that based on the survey that he moves the metal shed to be on his property.

I was going to ask, is it off the property?

It looks like it.

It's hard

to tell. The metal shed, is it off the property? Is it just the way looks like the fence is definitely west of your property. Lot of

are Yeah. No, they're right on my property line right over there.

Yeah. Yeah.

That's a shed I got in the backyard, you know?

How hard it would be to move that? It's like even your fence.

I got a fence up there, you know, to move it.

Your fence is like three feet off on somebody else's property, whoever that is.

Is it on it? Yeah.

According to

the survey according to the survey, your fence

Well, I got an easement back there too. Made an easement road because I didn't when I was building a house, I didn't know if it gonna come down Air Park Road or come through Oak Trail. I don't if it shows the easement. No. It don't show the easement, does it?

It doesn't have an easement.

There's an easement back there. Survey. Not on the survey.

It could be recorded in the Well,

who wants to read the legal description real quick? Right. Sideways. You're Yeah. The realtor, knock yourself out.

Because if you look up 1902, it takes you down Road if you Google it.

That's funny. It's easier to read that one.

That's funny. Timer's is in the way. Oh, you got that right there.

It's by a lot. Yes. So actually, it's noted. So your fence at the corner is 4.2 feet west of your property line. And as it keeps going north, 4.8 feet out. You're way over there. Who did the fence?

I did. Okay.

What is the property next to you? Is that

Well, there's another house. Well, it's on the next street on Oak Trail. But his his house is further up. You can get all woods back there.

Yeah.

What's the one with the is that a pond building right there?

MI ought to have a pond, yes.

For years, yes. The one that's west of you, the property.

Yes. Because where would the easement be?

Oak On Trail.

Runs along Oak Trail.

I don't know if this is a

it doesn't. The person that owns the house. That's what I mean. So this is Oak Trails over here. So it runs along. Somewhere. Don't see anywhere where it's got it labeled as an easement. I was going to say, you had to say something about the shed.

I mean, the well pump was fine.

That shed's been there like seventeen years.

I mean, is that something, though, unless I mean, it's an encroachment, obviously. But unless this owner is complaining about it, is that something that we have to put

in a motion to say that No, it was just a recommendation

by staff that if you're going to approve a variance for the gentleman to ask him to move the shed five feet off the property line.

But we have the fence that's also a problem. So we'd have to make a move the fence too.

What

type of fence do you have up there? Is that a chain link fence?

The fence Vinyl? It's a wooden fence, double panel.

Wood fence?

Yep. Six foot wood fence and then a four foot wood fence.

And in the front of my house, the front, the white one is four foot.

So at the one corner, so where the fence turns and goes back to the house to the east, it's 8.7 feet out of the property line. That thing is big time angled out. And then what do we got? Do you have something overhead? I see an OU. Where is it at?

The sheds like it's just bolted there. So just keep most of it on his property.

So I'm going to ask may I ask this question, Ryan? Is this issue with this fence being on somebody else's property, is that something that we deal with at this point? Or is that something that's got

to be the building department? They just recommended that. We can build whichever way we want.

Yes. There's a recommendation by staff. The logic behind it is if you're approving the variance, putting something back on your property.

Other

thing is no, it's not a problem. Staff was only alerted to it because he provided the survey. But no, there's no code enforcement action or anything of that nature that has not been reported to staff. And it really would be a private matter, a private dispute. So Jeff, just note the gentleman is coming in asking for waivers to the code. And so if I spot anything that's not to code, I'll make the recommendation that the board can condition that.

He just tells the neighbor to meet him behind the shed.

What's in that metal shed, if you don't

mind me asking?

Who's in that

metal Who's in that shed?

Shafter should be thrown away. Just collected all Oh, of I have rental property. I got stoves and refrigerators in there. So when one of the rentals go bad, I take it out of there. Instead of looking at marketplace and buying one, I always have a backup.

Probably, it's four

stoves, two And if you're not getting rid

of that shed, we give you like an extra five feet of building over here so that we can get the shed out of the picture and then move your fence.

I can give my neighbor the fence. He can have it. He can claim the fence. If we get hurricanes, that fence is the first thing that comes down.

That's the

first thing that comes down.

So after the first one, we'll just put it over eight feet and we'll be good to go.

Now you know, just look at the survey and set all your posts, eight, seven, five.

You got exact measurements.

Is that shed on a poured? Is that what? Is that shed sitting on a poured foundation?

No. It's on box. It's on box.

It be hard to move then.

It'd just be a pain in the butt right now, the old property's wet over there.

Oh, yeah.

I would sink over there right now.

I buried my lawn mower in my backyard on Saturday, I know.

The ground is just so wet. After rainstorm, after rainstorm, it's just not going away as fast as it's coming down.

All right. Thank you,

sir. Nobody

else had any questions, right? Okay. Are there any questions or comments from the audience? You

have to come up to

the microphone and give us your name and address.

My name is Patricia Lloyd, and I'm at 2940 Juniper Drive. I just had a question about the first one that was on the agenda, that was pulled. What exactly does that mean that it was pulled?

It was tabled to the next meeting, so it'll be on the September planning and zoning meeting.

Okay, So there's no discussing it or questions or anything today? No, no, had to come back in September?

Correct.

Okay.

Thank you.

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

I'll do it. Sometime tonight, please.

I'm going to make a motion to approve VA2510, but what I would like to ask is, prior to finishing the building, have the shed, what is it, five foot and five foot?

Yes.

Five foot and five foot in your corner. Is that okay?

So once you move it?

Just move it five feet and five feet off your two property lines. That's why I'm saying, by the time you finish your metal building, have the metal shed move. That should give you time to get it dried out. You good?

Okay. Second.

Was Who is the second? Almafutano. Chairman Kennedy? Yes. Mr. Olin Futano?

Yes.

Mr. Fisher?

Yes.

Mr. Hatcher?

Yes.

Mr. Andrew Kovich? Yes. Mr. Duane? Yes. Mr. McGinnis?

Yes.

Okay. Next item on the agenda is Development Services Director's

you. We have been very busy here at the city. Lots of public hearings, lots of TRC public votes. We did approve the warehouse on Guava and the Triplex on India Palm this week. Sporty's Car Wash is going to be coming up next for TRC public vote. And we should have a lot of our board here at the end of this year for consideration.

Are those the

new PUDs that we're about, the entitlements? Yes. All the entitlements, all the new PUDs, the staff staff are working on finishing up a few of them, but some of them are pretty much done at this point. So we'll be getting those scheduled. I have all the developers doing community meetings. So once those are complete and I

feedback from the board. And

be

to

that.

On And

to get And

curious, so if SB180 somehow miraculously got overturned or found like the last one did, so if anybody brings stuff forward from that date, do those now automatically get killed?

No. I mean, if you submitted while we're not under a moratorium or anything,

I was just curious.

Unless there was some strange retroactive provision, but

Yeah, only Right. Tallahassee is to do that.

Okay. Anything else?

No, that's it. Okay.

Meeting is adjourned.