Planning Commission - Regular Meeting

I call the meeting of the planning commission for Thursday, May 22nd to order. Please, if you all rise, we'll do a pledge in a moment of silence. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Amen. Amen. Uh, Madam Clerk, Joe, call the role for us tonight. Stan Schmidt, present. Scott Stagger, yes. Daniel Malagold, here. Maria Mills Bennett here. Bo Buffami, I'm here. Thomas Jordan, I am here. Very good. Thank you very much. I'll move into the agenda here with consideration of minutes from the AP uh March meeting. I'll move to approve. Second. Have a motion from both to approve and second is Maria. Uh all those in favor, please signify by saying I. I. Those opposed. Motion carries. Minutes are approved. We'll move into item number four here. It's an application for a variance. It's uh the ARC-25-00002 variance from the land development code to reduce the sides yard setback for a pool from 8 ft to 5'8 in. I have a motion. Mr. Chairman, I move that we approve case number VAC-25-00002. Second. A motion in the second. And Miss Cameron, hi. Hi. How are you? Good. Thank you. Good evening. Good. You want to tell us what's going on? Uh Suzac Cameron planning. Thank you for being here this evening. Um so I present to you a variance for a pool to build a 7 foot by 30 foot inground pool on the east side of the property. So what

they're asking for is to reduce the 8ft setback to 5'8 in. Building this pool on this side of the location of the home will allow uh the pool to be built uh out of any easements. There is a 5-ft easement on that east side as well as a 10-ft utility and drainage easement on the rear. So, with that said, the home is uh built on a corner lot and it is a 7,62 ft lot and um presents itself to be in compliance with our all our setback and requirements for that location. Um when we met with the uh homeowners who are with us this evening um we looked at other locations um they originally wanted to be in the rear but again that 10-ft utility easement um presented a challenge to make their design and and it wasn't an option to really uh go into that easement or the easement the fiveoot easement on the east side. So what they're looking to do is to construct this to move from the 8 foot requirement from water edge to the side property line and uh build it within 5'8 in of the side property line. Pools are allowed to be in the side and the rear properties. This is a corner lot, so they really are faced with two fronts, so they're somewhat limited where they could put this. We did a lot of, you know, homework and looking at this to help this homeowner look at the options. And again, the easements were really not an option to uh get into because they, you know, provide the drainage um that is required and needed for that area. So with that, any questions? Sure. Stan, you want to start?

I guess my one question I was thinking about is this is not interfering at all with the drainage then that is correct by having it jammed up there. Yes sir. The 5 foot easement on the east side and the 10-ft drainage easement to the rear will not be impacted by the development of this. Uh that's all for me for now. Okay, Scott. I my only observation that the house that seems or property seems to be most impacted by this is the one that's on Long Grove Lane, which I would describe as behind it, but I guess it's not really because it's on a corner lot. Uh, is there any objection or issues with that property owner? Do we know? Um, present. Actually, the homeowner is present. Talk to him later. Yeah, we can ask him. Okay. Later. Then I will ask. Oh, yes. Are they the original owners, the folks that own it? Now, I'm going to say no. No. No. Okay. Did they know about the easements when they bought the property? What kind of easements are they? Drainage and utility. Oh, okay. And they um I also have a notation about that the lots in the subdivision are designed with the homes as the high point allowing the storm water to flow towards to allow the towards the front and the rear uh yard easements. Storm water then flows from the easement areas into the retention ponds and the natural areas and eventually into the B12 B19 canal. Yeah. So they are required. They are and the encroachments only eight inches, right? 2 feet 4 in. They are encroaching on the easements at all. They're not touching the easements at all. The easements are not touch. We're just reducing the 8 foot from water to property edge from 8T to 5.8 in by 20. But we're still out of the east. Okay.

Yes. Yeah, that's math there, man. Daniel butterflies. You can't go all the way. Um, yeah, I was just going to say I I have a drainage ement in my backyard. I'd never in a million years would put a pool on top of it. So, I'm glad I'm glad we've moved it over. My only question was, and I'm sure it's because of the graphic, how far does it have to be away from the house? Is there enough space there to be far enough away from the house with this? Like, they don't need any more of the easement because it's too close to the house. Does that make sense? So, per the Florida building code, I do consult with our building official. It could actually be right up to the house, right? It could be in the house is what our building official advised me. So that is not of concern. There's your option. Indoor pooling. Does that help? Yes. Thank you. Indoor pool. I have no idea. You you all set? Yes. Yeah. My question was so it's the requirement is is 5'8 in from the property line. Is that right? the the the requirement for the variance is what you're asking. Yeah. Yes, sir. The variance is going to be um 5'8 in in lie of the eight. So, if if we were having any setback issues, they would owe us 8 ft. So, and that's to waters water's edge to the property edge. So, can you can you have a a concrete or tile or anything around the pool that's would be would be east of the water's edge? I guess you're obviously going to have the pool walls there, but is there a is there any restriction on on on walkway walkway around there? The code is um for decking, it's 5 foot to the side property line, but none of this development is in the easement. It's all out of the easement. So, so once they get the once they if they put the pool in, the water's edge can be 5' 8 in to the

property line. Nothing can be with nothing can be within that five foot utility easement. Right. Per this variance that is correct. I mean maybe a floaty. What what are we what are we talking about for water's edge? Is this the actual water in the pool or is this the drainage ement? The water's edge of the pool. I just want to make sure because we got a lot of water. No, that's a great question. Yes, sir. Um yeah, that's that's all I've got for you. So, okay. Well, we might call you back, but we'll see. I guess the applicant is here tonight. He'd like to speak. Oh, over here. Okay. Hi. Come on up. Hello. How are you? My name is Jason Miller. Hey, how are you doing? I just want to reiterate what Susette said. We uh tried to get it on the west side and because of the utility easements there and the drainage we couldn't. So then we went to the rear side and because of the drainage we couldn't do it there. So this is really only place that we could do a pool and we're only asking I think it's for 2 foot 2.8 ft of bearings for this. So I hope that we could do that. No, it's 28 in. Y 2. Yeah. And the only reason too is my wife, she has some medical issues which seems to help if we could do some low impact exercise and stuff for her. So that's why we want to be full. Cool. Uh any questions for the applic? Um I don't think so. I think I'm voting for the master bedroom to become the pool, but otherwise I'm good. I wish. I wish. I just like to thank Susette and Penny also because they've been very helpful for us. They're amazing. Yes, they are. They were very good. And Brian

too is here with design. So, he was very helpful, too. Cool. With artisan pools, Daniel? No. No other questions. Thanks. You're good. Bo. Go ahead. I don't Scott. I'm good. Stan. Nope, I'm good. Good. The only thing I I I wish you well is is getting that construction equipment in and out of That's gonna be fun. Yeah. I just Yeah. That trashing your deck. Yeah. We did get a letter from the neighbor who's next to us and she said that wouldn't be a problem. So, of Yeah, that's good. My That's my only concern. That's That's a tight squeeze in there and Right. Got to be careful. They had a smaller machine. Yeah, they could use. Yeah. All right. Very cool. All right. Thank you so much. Thank you. Uh, anyone from the public wish to speak? You need say anything? I can come on up. Just give us your name and your address for the record. Um, Brian Illinois with Artisian Pools. Um the address of the company is uh 762 South Nova Road, Daytona Beach. Um I can answer any questions as far as um for the equipment. They will be um a smaller machine going in there. We will make sure it's graded back for landscaping to make sure the survey also has elevations which we will make sure the elevations are put back so that uh in theory we'll have not disturbed anything and replaced it with the same elevations to keep the same drainage slope everything that needs to be done. So if that's part of the concerns we've already been um uh

we've been doing this in the area for almost 50 years. We want to make sure we comply with all codes and regulations for the area and we would not want to make sure that this would be a problem because uh for anybody in the neighborhood as far as drainage goes, we understand that that's a hot topic over these years that we make sure that we don't have uh uh exacerbate any kind of drainage problems. So, if there's any questions technically that I can answer for you, I'm here to help. I'm good. Yeah, I think I I just wanted to ask really quick, is it going to be screened in? No. So then I guess my next question which might actually be for you guys, it's going to have to be fenced in. There's already an existing fence there. Okay. That meets the code requirement as well as we'll be having u a a secondary barrier that will be a a device inside the pool itself. So to prevent anybody from getting in without notification. Got it. Okay. Will you be creating um additional imperous surfaces or is there concrete there? It's very minimal concrete that we're going to be putting there. Um the actual it's five we're asking for 5' 8 in. They actually 8 in are the is the the wall of the pool. So that's why we're asking for the additional. Normally in um uh as far as the other side, they'll have a twoft access on the house side and then there'll be a little bit of deck in the back area for for exiting the pool along with the swim out and then a small area to where they can get to their back door. So we are not touching I mean it's very tight footprint for this. That's right. Cool. Mike, we're good. Okay. Thank you. Anybody else from the public wish to speak? Yes, sir. Come on up. More more of a question. Come on up. Thank you. Uh Michael Leonardi. I live at 3897 Long Grove Lane, which is the residence directly behind these folks. My

question, I guess maybe more of a concern. Obviously, everyone talks about drainage and I'm hearing about water and flooding. During the last series of hurricanes, we had water up to about 3 feet from our front door, which we've never had. Got a little scary. We've lived there for almost nine years. My concern is with a pool. Uh, and being the HOA president, I did approve it. Um, because if someone wants a pool in Florida, they should have a pool. Uh, it's hot. So, my concern is either location. I I don't still don't understand if the pool is going to be up to the edge of the fence that they had recently put in. And if so, uh, what is going to alleviate my concerns that if there is another flood that that pool doesn't overflow and or during a heavy rainstorm, it doesn't overflow or any of the runoff from the surfaces that are now included run into the backyard. That's my concern. And I have a very close, just like everyone in that neighborhood, backyards are very close to each other. You can see the edge of my house is clearly, I mean, it's four or five feet. It's there. So, I'm just worried that if there's a lot of rain, a flood, a hurricane, that that water from the pool is now in my house or a portion of it. Mr. Chair, can I respond to that really quick? Um, I'd rather have Okay. Oh, well, yeah, if you want to come up. I was just going to say with the drainage, the possibility is slow. John, good evening. So, if I'll I'll start with the fence. So, the fence is there, right? So the land development code allows for fences to go around easements. So but that's not where the pool's going to be. You will they will have that 5 foot from the fence inward. Okay. That will be the easement that is not impacted as well as the rear easement, the 10ft easement. They're off of that too. There's space in between there as well. So there was great consideration with staff to look at to

ensure that we did not have any impact on those easements. so that the flow would be acceptable. Okay. Even with surfaces that are included and I understood what you were asking was the edge of the water, will the edge of the water then be grass right up to that edge or will there be concrete or a deck that will create any more runoff? I get sometimes pools, you know, are meant to hold water, not necessarily overflow it and there's drainage behind that. I understand that. But if there are surfaces now, um we see that happening in Port Orange a lot. We're building up our properties. The city's growing. More um parking lots, retention areas are becoming an issue and they're overflowing. We live directly behind the B19. So I'm wondering if the surfaces are going to cause problems. Yeah. That and and that's that's that's one of our concerns and has been for a long long time now with the water issues as you as we all know. Um, but that was the question I asked was there there's the 5-ft easement on the east side, which is strictly a utility easement. Mhm. Uh, it can't go beyond that that it can't get closer than the 5'8 in. And the same thing on the back, which is your drainage easement. Uh, that's 10T. So, nothing can go into that 10ft easement area. Nothing. Okay. So nothing in that light blue dotted line to the dark blue solid line which would be the easement. Okay. So not even concrete, not even wood. Not there will be a small bit of concrete. He said very small footprint. Not in the ement though. Not in the can't touch the ement. Okay. Yeah. And we've had issues like this before where people have subdivided larger lots where there's easements like that and you can't you can't put a shed in that area. You can't put anything in there. Okay. Okay. All right. I appreciate it. Thank you, Robert. Thank you so much. Oh, she

sure can. I'm sorry. Well, if you're gonna come up first, ma'am. Ma'am, if you want to come up, got to come up. We can have it on recording. Hi. I've had an ingground pool before for 30ome years where I lived before when we had storms there. I was out there in the winds backwashing the pool. I never let the pool overflow. Trust me. That was that was my next question. I'm out there. I got that switch going. It's being released. It will not overflow because it'll go into your house, too. And her house is right. Right up against the house like that. That happen. Thank you very much. Robert, how about you? Last option. Nope. We're good. Any other public comment? No. Seeing none, I'll bring it back to the commission. Anybody have any comments? No, it's just a shame. You know, when you buy properties, you're not aware of the easements. A lot of times that happens and people go ahead and buy the property and later on become victim of that. And uh this is one of those situations. So, it's all I got. Well, it's always on the paperwork. It's down inside of the fine print with the lot to Yeah. Right. In the survey. Yeah. Everybody reads that. And the thing with zero lot lines is they read that too causes those issues. Drainage easements are pretty obvious too. Typically like it's hard to look at your property and not realize there's a drainage easement there usually. Uh so no further discussion. Uh we have a motion and a second on the floor for this. If you would clerk would take a roll call please. Stan Schmidt. Yes. Scott Stagger. Yes. Daniel Melville. Yes. Maria Mills Bennett. Yes. Bobo

Famy. Yes. Uh Thomas Jordan. Yes. Motion passes. Congratulations. Good luck with that. Enjoy the pool. Now I can sleep this weekend. We'll be looking for a p pool party invitation. That's right. You've got eight days until the hurricane season. I just want to see if that's going to make it between those houses. No pressure. Yeah, let me move on here. All right. Uh, moving on to item number too. I can find it here. Not supposed to be. Uh, item number five on the agenda tonight is a uh reasonzoning request, administrative resoning request. Uh, case number reszoning 25-00003 to reszone plus or minus.26 26 acres from community commercial to neighborhood preservation. Uh, can I have a motion? Mr. Chairman, I move we approve case number reszoning 25-00003. Second. Thank you, Stan and Maria. Um, good evening. Hi. Hi. Good evening. Fascinating. Good evening, Caly Cruise Planning. So, this proposed administrative reszoning is to change the zoning on 0.26 26 um acre property at the southeast corner of Jefferson Avenue and Oak Street from community commercial to neighborhood preservation. The property has been developed as a single family home since 1963. It was damaged in Hurricane Ian and is currently um in the Valuchia County Transform 386 program to be able to be demolished and rebuilt at a higher elevation. Um, so that's why staff is moving forward administratively to reszone it because it didn't really have an appropriate zoning on it. Um, and to allow them to move forward with that program. Um, I know you probably noticed that there's some other single family

lots below it and across the street. Those will be part of a a future upcoming administrative resoning, but we didn't want to hold this one up because it has that active grant going. So that's why this one's moving forward right now. Um so if this is approved then they will be able to to move forward with demolition of the existing home and rebuilding of the new home um in compliance with the land development code in Florida building code and the new code would be elevated um 3 feet above the existing grade. So with that staff is recommending approval. Very cool. Any other questions or Penny Maria? No, I'm good. Damn. No, I think I'm good. Oh. Uh, so we're just approving a zoning change, right? Uh, you're like making a recommendation of approval for a zoning change. Correct. Okay. Thank you, Scott. Uh, I'm just curious. Neighborhood preservation. So, it's more curiosity than anything else. Um, as a realtor, I'm not familiar with that zoning designation. So, it was a designation. There was two designations that were created in the city's land development code in the early 2000s when the Allenale and Harbor Oaks area was annexed in from the county. Uh there was a lot of there were a lot of properties that didn't neatly fit into the existing city um designations. Um a lot of the area that was they they had smaller lots than what the existing categories um that we allowed for at that time. Um there was also areas that had a lot of mixture of uses. There would be single family homes, duplexes, triplexes, things like there was just a lot going on and it didn't neatly fit. Um so two categories were created in the early 2000s. the R seven um SF single family, which is a single family zoning with a it has um two different options for setbacks and sizes based on the variety that was out there. And then neighborhood preservation at the time allowed a variety of things based on what was out there at the time. There was duplexes, triplexes, single family,

things like that. Um a few other even like non-residential uses. Um and so at that time it allowed for all that. In 2013 when we did the Ridgewood corridor plan, um we had a direction from council at that time to amend the land development code and some of you are here for that to revise that category to make the only permitted use single family. And then the other uses that used to be allowed in that category are now uh permitted with special development requirements only if they were in existence at that time that we did that code amendment. Um, so right now the category is primarily a single family home category, but the the name is because of that history. I I just I was completely unfamiliar, so thank you very much. I now know something that no other realtor in our marketplace knows. Uh, and then full disclosure, my father-in-law lives directly across the street. Oh, okay. He's right down in the corner. We'll be here by those tomorrow. Drive by there every day. Yeah. Cool. Any other questions? That was mine, too, was I wasn't familiar with the neighborhood preservation. So, that was we got it handled. Yeah, it was a good deal when when I moved in there and lived there. It was a good way to handle it. Really good. Uh, cool. Uh, I think we're all set with you. Uh, we don't have an applicant because she already spoke. So, uh, anything else? Any comments, questions? All right. Ask for Robert. Public comments. Yeah, forgot about that. Robert, you like this one? It's better than what's sitting there. All right, if you'll call the role on this one, please. Stan Schmidt, approve. Yes. Scott Stagger, yes. Daniel Malo, yes. Maria Mills Bennett, yes. Buffy, yes. Thomas Jordan, yes. Congratulations, Penny. Penny's very bright tonight. She wanted to be a bright light, so we would approve it.

[Laughter] Uh, moving on to other business. Pardon me. Commissioner comments. Have we had any comments? Staff does a great job. Awesome job. Well, you know, we haven't we haven't really had any words from Tim lately about anything. I think he appreciates it. Nothing to say. He's good. You don't have any questions for him? No signage questions like that? No questions. I just wanted to make sure he's still on the job. Cool. Hey, when's Aldi supposed to uh ask for the final inspections? You have any idea? They're slow. Are they being slow or is it just me? Maybe I'm just anxious. Sorry to make you get up. I could ask that later, I guess. You look way too comfortable. somebody. Basically, we anticipate the um site inspections occurring there in February. Sorry, in July. So, um I was like, yeah, so probably most likely in August then. Cool. Thank you for your time. Yeah, maybe I'm just anxious. They just feel like they're being really slow to me. Somebody owes an apology for making him get out of the chair. Yeah. I wanted to make sure he got paid for his time up here. So, he's all set. Uh public comments. Nothing. Robert, no. We're all set then. Just looking up the Robert just likes to come look at our pretty faces. Not really city related, but they are the uh FDOT announced they're going to put in a stoplight on uh Nova Road and whatever it is come out of my subdivision. And initially it was going to be in July. Then it got put off to October. Then this spring they started working on it. Didn't really tell us what's going on. But is been has been talk about a slow project. This has been painfully slow to watch him put up a stoplight. Where's the stop light? It's

uh Nova Road uh right in the entrance to Foxboro. Oh, okay. Oh, so that's where that where that fella got killed in a motorcycle accident. Yeah. Years ago. I feel like the traffic lights needed to be there for years. Yeah. Well, the first thing they did was they put in their new control box and the way they placed it. So now if I'm at that intersection and I want to look to see if it's safe to turn left. Oh, and now a new obstacle for cars to hide behind. Nice job. So, it's like way to go, guys. Make it a little more dangerous before we make it safe before we do it. So, anyway, that's it. That's probably the same guy that designed the Dunl. Good well. Good day. All right. If we're all good, then uh make take a motion for a journ to adjourn. Thank you very much everybody. Have a good week. Have a good month.