Planning Commission - Regular Meeting

January 8th, 2026 meeting of the board of zoning appeals. I'm going to ask for roll call. Mr. Lee here. Mr. Dixon here. Mr. Khan here. Mr. Ark here. Mr. Mcnite here. Mr. Patel here. Mr. Durant here. And I am here. Mr. Parker. I ask you guys to please review the minutes. Let me know if you have any corrections or changes.

Make a motion to be approved. Can I have a second? Mr. Lee with the second. All those in favor? All right. Unanimous. All right. Do we have any old business?

All right. Let's get into new business. Before I start, I'm going to read the procedures and rules. For those of you in the audience, the BCA operates as a quasi judicial body. If a completed permit application is not filed within six months from the date of the approval of a variance or special exception by the BCA and such approval shall be null and void. Applicants may appeal a decision by the BCA to the circuit court provided the appeal is filed with the clerk of court within 30 days after the decision of the board is mailed or within the same time from filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation. Decisions on matters before the board will be determined on the basis of a majority vote which today I believe is eight of us. So um plus me

52 52 or 54 rather um A variance may only be granted if all four of the following findings are made. 53. All right. Good account.

A. There are extraordinary and exceptional conditions pertaining to the particular piece of property. B. These conditions do not generally apply to other properties in the vicinity. C. Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. And D, the authorization of variance would not be in substantial detriment to the adjacent property or the public good and the character of the district will not be harmed by the granting of the variance. And with that, let's hear request 2601. And Charles, if you don't mind, give us a brief over. Um, do you swear to tell the truth, not the truth?

Yes, sir. Uh, first request before you today, uh, property over here in Austin Stalby zone R seven. Request before the board is a porch extension on the front of the property. Everyone understand? Someone up. Do we have a member in the audience that represents this um the application? If you don't mind, please come forward and state your name and you can come up here to the podium, please. He's going to need those questions. Grab them. Great.

You got Yes, sir. State your name for it. Donald Ray Long. Donald Long and Mr. Long, if you don't mind, please sign in for us here.

And sir, do you swear to tell the truth? Nothing but the truth? Yes. All right. Please give us a brief over your uh application and your request today. We're requesting uh the a street at the top on the one street down here. Okay.

Yes, sir. uh the uh we measure from the house 30 ft and and and the highway the road is we went over in there 22 20 in I think it's 20 in into the road right away into the setback I believe is setback okay and uh I thought we were right you know but but apparently after surveyor and y'all checking it. Turn out to be over 20 in I believe.

All right. If you don't mind, um before you leave here, can you read each of these four items into the record for us? A through D. Okay. The answers. Just the answers. Sorry. Ju just the answers themselves. Your written portion. I'm not understanding. Just read this this this for me please sir. Okay.

Uh the top was extended into the uh setback. Okay. Like you see uh due to the day bay window what we had was a bay window. We it was rotten then we changing out channels and things out for the uh porch. That right? Thank you. The next one, the uh doors not affected any uh neighborhood. Is that right? Before uh properties.

Yes, sir. needs to allow for is that future handicap accessibility is how that reads I believe. Yeah. And accessibility.

Okay. due to these service. I mean the last one was this does not affect any neighborhood neighbors bearings uh property survey plot land. That's right. So you're talking about the his neighbor landed there on the opposite side of what we went over the went into the state highway. Okay. Am I right? Yes, sir. Um is there anything else you'd like to add to your application? Believe you have two letters to share about two minutes. Okay.

Okay. So you these are the two letters you're referring to. Yeah, I've got my neighbor there saying everything good with Okay. And these are your neighbors to the either side of you. Side. Yeah. Yes, sir. I'm going to pass these around for the board to review. And if you have nothing else to add, I'll ask that you just have a seat here and then I'll ask the administrator to come up and add his rebuttal to this. Okay. Um I'll ask for input. Yes. From from the public in just a minute, sir.

You're fine. Still doubly swore. Yes sir. Uh a there are extraordinary exceptional conditions. The subject partial is zoned R seven residential. It is common for single family residents to include front porches, many of which function primarily as entry stoops rather than a full porch use. It revealed the development pattern shows many homes do not meet R seven front setback requirements. Numerous open air porches extending into the setback. The request is therefore consistent with the neighborhood's established character and historic development pattern. These conditions do generally apply to other properties. Multiple homes in the vicinity, including open air porches that extend into the required setback given the neighbors historic development, including its origins associated with the former Air Force base and the age of the community. These conditions reflect an established long-standing development pattern rather than isolated occurrence. Because of these conditions, application to the particular piece of property would not the subject property can be redesigned to comply with applicable zoning codes and regulations. Non-conforming structures are intended to be modified or removed as necessary to achieve full compliance with the established standards. The authorization of the variance will not and the district will not be harmed. The proposed setback request is consistent with other parcels within the R seven zoning district as the requested setback has been established throughout the surrounding area. It's staff opinion that the request does not meet all the criteria.

All right. Um, a little out of order. Just fill me in. What is the actual setback request here? That that is

your front setback is 30 ft. The request before the board is if you look at the survey, it's showing 28.4. So it's 1.6 feet over. Okay. So typically you guys don't if if you go forward with it, you guys never do it on an inch. You normally do it on a foot. So you would probably establish a front setback 28 ft rather than 30. Okay. Thank you for the clarification. All right. Would you like to rebut any of the information that the administrator has said? Sounds right. Okay. Um I will invite any member of the public up that wish to speak. If you don't mind, state your name when you get up here and also sign in for us.

Yes, sir. Go ahead and sign in for us and then I'll swear you in. You swear to yourself truth nothing but truth you got all right please give us your testimony on the front porch we have a bay window on the front of the house okay which extends about 2 foot out from the house itself that's the reason I made the porch as deep as I did because I'm going to put a swing on the porch okay and there's not enough room for a porch swing with bay under there why I extended out I didn't think about a setback Understand anything else you'd like to add?

All right. Thank you very much for your testimony. All right. I guess at this time I'll ask you guys um if you have any questions from the applicant or the administrator, I'll go around with you. Mr. Lee, I just have a question. I wasn't quite sure. Are you going to remove the bay window? No. No.

No. Go ahead. what it was a bad winter and the water uh it it had a little over the top of it and it was rotten. So just took it down and moved something over the porch over the drop when you walked up to the house and it raining you would stay in the rain until you got door inside the door. See that bay winter was down here or little awning was over thing we just took it down and moved it down. I just I just wasn't clear on whether you were taking that out. Okay, that that's all all that I have on that. Okay. Thank you, Mr. Williams. Mr. Dixon, I got the question to the applicant. Is this the construction done by a contractor? That's right.

You're doing it yourself.

Well, I'm I'm helping I'm working through a contractor. I don't what his name is on the paperwork. And uh but uh I I got people that work and I know other properties in in work and they they were I went to change the shingles out. Then we got into these problems and and then I found out that I didn't have to have a permit to change out the shingles, but then I found out you do if you don't live there. I don't live there. I live up in the river. So So kind of got tied up in that. And I of course had to have a contractor to supervise all this. So that's what we did. Who who did the design? Was that you designed the change?

That was me. My son over there. He he he told us what he wanted to do, how he wanted to do it, and everything. Okay. And so, was it based on other ones that are around that area? Yes, sir. Yeah. Okay. Thank you. That's all I have. Thank you, Mr. K. I do have a couple questions from applicant or the administrator. First from the administrator. Yes, sir. Um was a permit pulled or should a permit be pulled for this kind of project? It was issued a stop work order. Um it has since then submitted but uh because of the request it has exceeded the front setback. So now before the board today got and then for the applicant the swing be moved to the other side.

No front door. Okay. Those are my only two questions. Mr. Art, I'm good. Mr. Mcnite, I'm good. Mr. Patel. No, I'm fine. Mr. Yes. Do the applicant who I'm looking at your application. Who is the infirmed person that needs to access the covered porch? Sorry. The covered porch is needed to allow for future handicap accessibility. Who Who are we talking about here then if you don't live there? Me. You live there? Yes, sir.

Okay. All right. Any other questions from the board? All right, Mr. Chairman. Yes, sir. One um um what is the the step back where how how many feet is he over? Two. We'll just say two. It's 1.6. So, we'll say two. Two feet. Okay. Okay. Thank you. Thank you, Mr. Lee. All right. Let's go back to discussion from you. Mr. Durant, no discussion here. Mr. Mattel, no discussion. Mr. Mcnite, no discussion. Minister Arc, no discussion. Mr. Khan, no discussion.

Mr. Dixon, well, this area was houses were the lots and the houses were built long before the ordinance put in place. We've had a lot of these down there. uh and two foot has been fairly reasonable for improachment to the but I don't see any problem with it. The only problem I had with it was I didn't get a a permit but other than that I don't have a problem. Thank you, Mr. Dixon. Mr. Lee,

I I concur with Mr. Dixon that I don't think there was any intent. doesn't appear to be uh to to slip slide or whatever you want to call it on the city. It just it's just a didn't know type thing. And you know, so I I'm okay with it.

Yeah, we can appreciate that. That's why they're here before us. And to that point, I think both of those comments are, you know, important. Um they have since pulled the permit and it is uh in kind with some other uh approvals that we've granted in the past. Um two foot of a 30foot setback is is not entirely unreasonable. Um so with that I'll entertain a motion from the board. Motion to approve. Can I have a second for the second? Mr. R for the motion. Are those in? What point of clarification? This would be for how much of a distance?

A two foot. Okay. So, a two foot presented. As presented. All right. Uh, can I have a So, we have a motion and a second. All those in favor of this motion. Everybody that Thank you, sir. You're approved. Yes, sir. Yes sir. You are dismissed. The staff will get We'll be in touch tomorrow. Yes sir. Thank you. Thank you.

All right. Let's move on to request 2602 and um M if you don't mind give us brief overview of this one as well.

Okay. on the north end of the beach. Uh just for understanding, we have uh multiple flag lots. Those who don't understand what a flag lot is, you got your post, here's your flag. In this case, this property owner actually has both of these flag lots all together in one lot. But the request before the board is for a fence gate right here to exceed the standard of uh code. Allows you to have 5 foot fence, but your um construction or elements of the fence are allowed to be 1 foot higher. Uh they're currently sitting at an average means we'll say between seven and 8 ft where code will allow them to be six. Everyone understand?

Thank you, Mr. Do we have a member in the audience uh for the applicant? Yes, sir. Yes, sir. If you don't mind, when we get up here, state your name. Sign in for us. Tyler Dorn.

All right, Mr. Storm, you just tell the truth, whole truth, and nothing but the truth. I do. All right. Give us a brief overview of your application.

So, first off, thank you, board, for seeing me. um been doing business in the city for about 18 years. Um I wish I was here asking for permission rather than forgiveness. Um we we've made an error. We admit that. Um built a lot of homes and there's thousands of pieces moving and this was just an oversight on our part. Um so so basically what we have um I'm here representing my customer. We built the home. He hired a gate contractor. We had a permit. Um gate was permitted um as shown as a 5-ft gate. Long story short, had a gate contractor come in, build this gate. Um, we didn't catch it. I'm not going to sit here and tell you that. I I acknowledge, hey, this gate's too tall. City zoning caught it at our CO inspection. Um, our big challenge is this gate can't be rebuilt. It's it's a one-of-a-kind piece. We looked into that immediately when Mr. Brooks called me. I went over and got the measurements. So, we are at a 7 foot average basically from from ground. um this section, you know, the side section where it's hinged is about 5'8 overall and this is about 7 foot eight and then when you add the clearance underneath from the ground where the pavers are, we come to almost a 7 foot average on the ornamental gate. So, we are requesting a variance. Um you know, we feel that it doesn't detract from the neighborhood. Um it's architecturally representative the massing of the home. It's pretty far off the street. It's not to that front setback though. I think um Charles brought it to my attention one guy. I think we're still about 5 foot forward of what would be the 40 foot setback. I guess if we were on that setback there's there's no issue whatsoever. Um it is a unique lot as it's it's the only lot up there where there's no home in the front which allows him to have that gate. In other words, some of those homes we built up there you can't really have a gate because it's a shared driveway situation. I guess you could, but you'd have two

two homeowners competing with one gate. Um, and that's that's that's really it, guys. All right. Uh, before you leave, if you don't mind, read the answers to A, B, C, and D.

You want my answers, not C. Correct. Okay. So, A. This property is the only property within the neighborhood where both the ocean front and second row flag lot is combined into one property. It is not a shared driveway between two properties like all other properties within the neighborhood. B. There are no other properties in the vicinity similar that do not have shared driveways or shared entry gates. C. Other gates on North Ocean Boulevard and the Golden Mile. I'm sorry, excuse me. C. As is the gate blends in with the other gates on North Ocean Boulevard and the Golden Mile. There's a minimum of four similar gates within a quarter mile. A smaller gate utilized at 8824 North Ocean Boulevard would be less in harmony and aesthetics to other similar gates. A smaller gate would not blend in architecturally and grand the grand size of the lot. Anything less in size would be a detriment to the neighborhood. D. Entry gate is one of a kind custom piece that does not detract from views of the home surrounding homes or the ocean. The gate further enhances the neighborhood and provides security to the homeowner.

All right, Mr. Thank you. If you have you have anything else you'd like to add? No, we you know, we provided 18 letters from surrounding. I think you guys have copies of those. Um, you know, we try to do our best. Again, I'm not going to sit here and lie to you guys. I've done business here for a long time. We made an error. Okay. I I acknowledge that 100%. So, again, I wish I wish we would have recognized and came in here and said, "Hey, can we have a taller gate?" But hindsight's 2020. So, understand. All right. Mr. Ro, if you don't mind, please provide your rebuttal. Still dy sworn. Thank you.

There are not extraordinary or exceptional conditions. The subject partial is zoned R15 and has been has been consolidated from two parcels into one. In accordance with section 1702A2F5, the zoning code, fence components located on street frontages for ocean front lots are permitted to include additional structure elements extending 1 foot beyond the standard 5 foot height as specified in the ordinance. These conditions do not generally apply. Other parcels within the area conform to standards established in the applyable zoning code. Because of these conditions, the application to the ordinance of a particular piece of property would not effectively prohibit the entryway gate may be designed to comply with standards established in the appable zoning code. However, the installation of the entryway gate is not a requirement. The authorization of the variance will be substantially detriment to the adjacent property, public good or character of the district will be harmed by granting of the variance. The proposed fence height does not comply with zoning code requirements and the application has not demonstrated a practical difficulty or hardship to justify the deviation. Grading of the variance would be inconsistent with the intent of the ordinance. His staff's opinion it does not meet all the criteria. All right.

Yeah. Would you like to repeat anything that the administrator has added? No, sir. All right. If if that's the case, you're welcome to have a seat. Okay. And I'm going to invite all of the uh remaining members of the audience uh to come forward if they'd like. Seeing that there are none, I'm going to ask the board if they have any questions of the applicant or the administrator. And let's go with you, Mr. Durant. Got no questions. Mr. Patel, no questions. Mr. Mcnite,

question for the city is because we've run into this where a lot was two lots were combined into I guess essentially one property. Is it possible in the future for this to be split back into two properties and be the other property be sold? Would this be a situation or It's hard to create flag lots anymore with the way I mean it is possible. We've done an odd shaped mum lot maybe a couple years ago. Um but that would be a completely different board where you're going through planning commission. It's not viewed as favorable to create these lots. It's kind of a hardship in the sense of how do you design in an odd shaped lot. Thank you.

He didn't really answer your question. Am I allowed to say that? He asked if it could be subdivided back into two lots. It would be possible if it goes in front of planning commission. It would have to go to planning. Yes. Okay. But again, their position has always been they look for a square shaped lot. That way they're not creating a hardship. But yes, it is possible. But it would be through a different board. Right. All right. Mr. Art, no questions. Mr. I do. I like to ask questions. Yeah, no problem. Is that really Is that a picture of it right now? Yes, sir. So, it looks like the ocean's behind the house. So, are we looking at the front of the house or this this is Am I allowed to be up here? Yes, absolutely.

Mr. Colin, Ocean Boulevard is right. This is the curb cut at Ocean Boulevard. So, on all those other houses up there, there's normally another home right here. So, they're kind of staggered. I don't know if you can go back to that survey.

You want us to throw up a view for it? Yeah. So, so the gate is here. Typically, there's another home here. Um, he owned both lots and subdivided them before we started construction. Uh, or excuse me, combined them. Let me said that backwards. He combined them into one lot. So, the home is here. This is just a completely landscaped lot. Um, totally sidebar, but if you guys take your time right by there and see the amount of trees that he planted, it's unreal. He shipped in about 50 live oaks from Gainesville, Florida, and just uh he did a good job with the front lot, but it is completely empty, Mr. C.

Okay. And then I do have Thank you. And I do have a question for the city. Um have we allowed any other larger gates down there in that area? You know, that's come across. It would be before you guys, but yeah. And just for understanding, we we take the average height of the gate. So you might see a gate that might have a a peak on it. But again, we're taking the overall average height for the gate, but not to my recollection has the gate been before the board. Thank you. What's the average on that one? It's at seven. The way the way I understand it, I have to order. No, you I think we've progressed through. Mr. Dixon, do you have anything else to add? I'm sorry.

No worries. I think I think they were answered in the uh presentation, but the original permit that was issued that was a 5 foot gate. Is that wasn't that what you said? That's what was on our plans. Yes, sir. Okay, that's correct. That was on our fence permit shows a five foot the architecture reflected a five foot gate. The other only other thing I don't understand is you're saying that it can't be altered.

No, sir. No, we had um and this wasn't our typical metal worker that does our work. The customer hired this metal worker. He's he's a local guy here in town. And when I got the phone call, that's the first thing I did naturally is called the metal worker and say, "Hey, we've got an issue. What can you do?" My construction brain says, "We can cut this down." Um that's that's not the case with this particular gate. This this gate would be abandoned if we don't, you know, if we don't receive the variance. So, I'm not a metal worker, but he you know, I've confirmed that with him.

Okay. I I have one question for the city. It seems like there's a long driveway. If you put it further towards the house, does that take that out of the requirement of six foot? So, if you were to push it back to the front set back or or or further, you could he could have a 10 foot high gate. That's what I thought. Okay. Thank you. All right, Mr. Any other questions? Well, just as a matter of discussion, it used to be, and I guess it still is, you had a the fence height was 5 feet, but allowed a foot or cap to six feet. So, that is still correct.

Yeah. Okay. So, we got that. Now looking at that grand house there and you know the the gate it it looks in line with with what where it is and what it's gated for. You know it's just I think we're at six foot on the on the low end and then when it rises up you got that you got that twoft extension. Yes sir. It's It's a dang on nice looking gate. I I don't I know the city will be upset with me, but I don't have a problem with it.

I'm sorry. Do you have any other discussion or discussion you'd like to add? It's okay. Mr. Dixon, any discussion you'd like to add to the board? No. I think we've discussed it pretty much. All right, Mr. Khan, I'm good. Thank you. Mr. Art, I'm good. Mr. Mcnite, I'm good. Mr. Patel, I'm good. Mr. Well, I will say it is a very nice gate. Um, and with that, I will entertain a motion. I'll make a motion that the request be denied.

All right, that's motion on the table. Do we have a second? I believe that motion is going to fail. Would anybody like to make another motion? You help me write it. I'll make the motion. You're going to help me. That That's the only the problem. So, we have a motion to approve as presented. Second. We have a second. All those in favor.

All those opposed. All right. 62. You are approved. Thank you, sir. Gentlemen, Miss ID. Thank you, guys. I uh hopefully it'll be another 20 years before I come back in here. So, I appreciate it, fellas. Y'all have a good one, guys. All right. Signed up for it. I this one is nice looking and all that, but we got 18 letters from people. Yeah, I my concern is that you guys are going to start seeing this more often. So, just understand what you approved. I know. This is just like a building. So, I don't even know why we have orders.

Um, can I jump in a little communication for you guys to do your orders? Yes. All right. So, in reviewing expiration of terms, I have three board members up. Uh, Emit, Bill, and Blake. Even though you're uh fill in, your terms are going to be up at the end of February. Would you guys like to be reappointed? Yes. When is mine up? February. End of February. I'm not sure we're going to have a February meeting. That's why I had to kind of crank this up today. I want one more. Deal. We appreciate you. Thank you. If you want me.

I can't. Okay. Yeah. We appreciate everybody's enthusiasm. And then uh the following year it's going to be Renee. Yo, Cam. Yep. Don't I get a longevity discount or something? I have a sticker somewhere around here. I've got two kids. and Aaron, you guys will do next year. So, um, one thing that, uh, Ken and I and Cam on the planning end, we'll probably do election of officers in February. So, we'll probably still have a meeting. Even if it's just that, we'll out of now, I have yet to hear anyone. I'll make a motion we keep the same officers that we have right now.

We'll have to wait until the next goal. Let's try. But, uh, from there, go ahead and, uh, go with your orders if you like. You guys like to close out? Um, I would I'm gonna go ahead and say that I will change my status to a city resident um just in this. Okay. I figured might as well move here. So, okay. Hey, them taxes. Come on in. Right.

I got a house you can buy if you're looking for late for that part. So, um, for the first one, let's, uh, let's go ahead and try

Mr. Long's request 2601. Okay. I mean, somebody want to take a swing at this. Y'all got this. All right. I mean, most of Charles responses support a change. What a C.

C. The man came in here with a cane said he has severe health problems. I and and I mean he he was struggling walking too. I think I don't think people coming in this game. I think take him out of word and said and they said it has heavy rain when it's not covered. So we've we've approved them on that basis before people. Yeah. So what I'm hearing is we take A, B, and D from the administrator and the applicant se. Yes. All right. Can I have that in a form of a motion? I just made it. Sure. So, can we have a second? All right. Mr. Durant, we have a second. All in favor?

That order passes. Now

so how does a look? Um,

I think the applicant a does establish an extraordinary condition considering all those other other oceanfront lots are flag lots. I think I I mean those I would agree um that consolidation of those two lots um would likely never occur otherwise. Those are extraordinarily valuable lots and that is very rare. Um so I think that a from the applicant is reasonable. Reasonable.

Well, I also find because they've combined them into one, right? Yes, that is. So I also find that it's damn near impossible that they would get approved for separation as well. Right. It's very I don't think they can reverse that the next very unlikely. It it is possible though for the record. It is possible. It is possible but I don't it's technically deed restricted from that happening. So I can guarantee it will happen. Well, then there's a man who knows then not for the writing of the order, but we understand that that may not be possible. Okay. So, are you also I saw

I think so. Yeah.

Yeah. Um I think we're going to have to as well um to support the same exceptional condition. I think we just go with that.

Um would would we like to change anything with based on his testimony. I would probably bring important clarification as the distance that the gate actually sits back from the property. And where did we establish that? I think you said it was about 25 ft where the front is 40. So if it were to be 40, it could have been 10t tall. at 25.

I guess we could add um Now, yes. So, we take

Yeah, I think we take the applicant C. Um, I make a note that generally um, you know, these gates are located basically immediately off of at the rightway line, the property line. um board of property line which is generally I don't know 15 20 feet from the road edge of pavement this one happens to be about you said 25 property line yes to color

which is roughly 40t from the edge of pavement so it's substantially set back from the road the road so we'll take the applicant C and set distance.

The it appears that the applicant has made an effort to set the gate back substantially from the road to the degree of approximately 40 ft. All right. And then based on the provided image the applicant's deed I would argue is certainly not you got

a detriment of I mean you have the entire neighborhood I was going to say that's the easiest one right there the neighborhood is coming here tell showing you that they like it and the people. So, we'll take the applicants D as well and reference the supporting supporting uh approvals of the neighbors and the reference imagery of the installed gate. All right. Can I have that in a motion um

in a second? So I have made that verbally as a motion. I'll second. Is that what you want? Yes. Mr. Khan has the second. All those in favor? And we have, I believe, two opposed. Yes. All right. Thank you. And do we have anything else we need to cover from staff? I think you guys need to add your elections next week. So, we will elect one of you guys. You guys already sent me his campaign. He wanted me to edit. them. He said, "Be