[00:00:03]
>> LET'S CALL THIS TOWN OF JUPITER PLANNING AND ZONING COMMISSION
[CALL TO ORDER]
MEETING TO ORDER ON THE 12TH OF JULY 2022.MADAM SECRETARY, WOULD YOU CALL THE ROLL, PLEASE?
>> THANK YOU. WE HAVE TO APPROVE THE MINUTES FROM OUR JUNE MEETING.
[MINUTES]
TIME FLIES. DOES ANYBODY HAVE ANY CHANGES? HONOR DIAS?>> MOTION TO APPROVE THE MINUTES AS SUBMITTED.
>> THEN WE COME TO THE PART OF THE MEETING FOR CITIZEN COMMENTS. [OVERLAPPING]
>> SORRY. [LAUGHTER] A LITTLE ANXIOUS THERE.
THE PART OF THE MEETING FOR OUR CITIZEN COMMENTS, ANYBODY THAT WISHES TO SPEAK ON ANY NON-AGENDA ITEMS? MADAM SECRETARY, DO WE HAVE ANY CARDS?
>> WELL, WE WILL MOVE ON TO OUR FIRST AND ONLY ITEM OF THE EVENING,
[B1. 2695 Lamarville Drive – Variance request to Section 27-1104(c)(3)(b)(2)(ii) to decrease the side corner setback from 20 feet to 17.5 feet for an emergency standby generator located on the north side of the property, located in Windsor Park. (PZ# 5187)]
WHICH IS THE VARIANCE.>> THE CHAIR RECOGNIZES COMMISSIONER HAGUE.
>> I'M DISCLOSING TO THE COMMISSION THAT I HAVE A VOTING CONFLICT.
AS REQUIRED, I'VE FILLED OUT FORM 8B PER FLORIDA STATUTES.
I'VE SUBMITTED IT TO VALERIE AND I'M REQUIRED TO DISCLOSE MY CONFLICTS, THE APPLICANT REQUESTING THE VARIANCE AS A RESIDENT OF WINDSOR PARK.
I'M THE VICE PRESIDENT OF THE HOA AT WINDSOR PARK.
ALSO THEY LAY SOME TO THE ARCHITECTURAL CONTROL COMMITTEE.
AS DISCLOSED ON THE DOCUMENTS PROVIDED TO US ON BEHALF OF OUR HOA, I WAS A PARTY TO AN ENCLOSED SETTLEMENT AGREEMENT REACHED WITH THE APPLICANT CONCERNING THE WORK DONE ON HIS PROPERTY WITHOUT PRIOR HOA ACC APPROVAL.
I'M ELECTING TO ABSTAIN FROM VOTING AND FROM PARTICIPATING IN DISCUSSION OF THE ITEM.
>> WE'LL EXCUSE COMMISSIONER HAGUE.
SHE'S GOING TO LEAVE FOR THE EVENING SINCE SHE'S RECUSING HERSELF.
WE ARE ACTING IN THE CAPACITY OF THE.
>> ZONING BOARD OF ADJUSTMENTS.
IT'S BEEN A LONG DAY. HOW IS THAT WORK AT 6:00 O'CLOCK THIS MORNING, SO I'M SORRY.
>> DO YOU WANT TO NAP TIME? JUST TELL EVERYBODY. [OVERLAPPING]
>> THAT'S WHERE I WAS GOING WITH THAT.
MR. BAIRD, WOULD YOU WANT TO HAVE AN EXPLANATION OF OUR DUTIES THIS EVENING? > WE HAVE A VARIANCE REQUEST BEFORE YOU UPON WHICH YOU MAKE A FINAL DETERMINATION.
YOUR DETERMINATION CAN BE APPEALED TO THE CIRCUIT COURT.
YOU ARE REQUIRED TO DISCLOSE ANY EX PARTE COMMUNICATIONS THAT YOU'VE HAD REGARDING THIS PROPERTY, AND THE NATURE OF LIKE COMMUNICATION.
ALSO, YOU ARE REQUIRED TO CONSIDER THE EVIDENCE PRESENTED BY THE APPLICANT AND THE EVIDENCE PRESENTED BY THE TEAM OF STAFF.
BASED ON FINDINGS OF THAT EVIDENCE, APPLYING THAT TO THE SEVEN CRITERIA THAT HAD BEEN ESTABLISHED IN THE TOWN CODE TO DETERMINE THE LEGAL HARDSHIP.
IF THE APPLICANT MEETS ALL SEVEN OF THE CRITERIA THEN BASED ON THE EVIDENCE THAT YOU'VE FOUND, YOU ARE GOING TO THE VARIANCE.
IF THE APPLICANT DOES NOT MEET THE CRITERIA FOR A VARIANCE, THEN YOU SHOULD DENY THE VARIANCE.
>> WE'LL MOVE ON TO DISCLOSURES.
DOES ANYBODY HAVE ANY DISCLOSURES?
>> I SPOKE WITH JOHN SACKLER ABOUT THE SUBMISSION.
>> YES. I SPOKE WITH STEPHANIE FILBURN ABOUT THE SUBMISSION,
[00:05:03]
OVERVIEW OF THE APPLICATION AND THE EXPLANATION DETAIL OF THE HOPKINS EXHIBIT.>> I SPOKE WITH GARETH ABOUT THE PROPOSED LOCATIONS, WHICH STAFF HAD IDENTIFIED ON THEIR MAP THAT THEY PROVIDED.
I'VE PHYSICALLY GONE TO THE PROPERTY AND JUST ROCK THE BACK ALLEY AND WALKED THE SIDEWALK AROUND IT.
>> I ALSO DROVE BY THE PROPERTY AND RODE ON THE BACKSIDE AND ALL AROUND AND ALSO VIEWED IT WITH GOOGLE MAPS AND ALL OTHER RESOURCES THAT WE HAD ONLINE.
>> I HAVE TO ADD GOOGLE MAPS TOO. I DID.
>> I NEED TO SWEAR THEM IN OR YOU NEED TO SWEAR THEM IN.
>> DID YOU HAVE ANY DISCLOSURES?
>> MY ONLY DISCLOSURE WAS THAT I SPOKE TO ATTORNEY BAIRD TODAY ABOUT MY ROLE AS THE CHAIR FOR THE MEETING AND WITH THE EXPLANATION THAT HE JUST GAVE.
>> JUST FOR CLARIFICATION, I'M NOT AN EXPERTE COMMUNICATION.
IF YOU SPEAK TO ME, IT'S MORE THAN A TRIVIAL ATTORNEY-CLIENT PRIVILEGE.
>> WELL, THEN I'LL REMEMBER THAT NEXT TIME.
>> BUT I UNDERSTAND WHAT YOU'RE SAYING.
IT WASN'T AN ATTORNEY-CLIENT PRIVILEGE CONVERSATION.
WITH THAT, CAN I HAVE ANYONE THAT'S GOING TO SPEAK ON THIS APPLICATION? PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH?
>> TOM, IF THE APPLICANT IS A FIRST-TIME APPLICANT, DO YOU WANT TO INFORM THEM WHAT HAPPENS IF OUR VARIANCE GETS DENIED?
>> MR. TERRY IS VERY FAMILIAR WITH SHOVELING PREDECESSORS IMPORTANCE OF ADJUSTMENT.
>> THANK YOU. WE'LL HEAR FROM THE APPLICANT'S REPRESENTATIVE.
>> GOOD EVENING, CHAIR, BOARD MEMBERS. MY NAME IS BRIAN TERRY.
I'M WITH THE FIRM INSIGHT STUDIO, AND I'M HERE ON BEHALF OF THE HAYES FAMILY THAT LIVE AT 2695 LAMARVILLE DRIVE.
THE HAYES UNFORTUNATELY, COULDN'T BE HERE THIS EVENING.
THEY HAD TO FLY OUT OF TOWN FOR A FAMILY EMERGENCY.
I'M HERE ON MY OWN TO TRY TO GIVE MY VERY BEST TO PROJECT THEIR DESIRE TO TRY TO OBTAIN THE VARIANCE HERE TO BE ABLE TO INSTALL A GENERATOR.
YOU BEAR WITH ME, I'M GOING TO TRY TO WALK YOU THROUGH SOME DIFFERENT IMAGES AND IT SOUNDS LIKE ALMOST EVERYBODY HAS BEEN TO THE PROPERTY, AT LEAST DRIVEN BY IT TO GET FAMILIAR WITH THE CONTEXT.
OBVIOUSLY, THIS IS JUST A SUMMARY OF WHAT IT IS THAT WE'RE REQUESTING REALLY AGAIN, BECAUSE THE GENERATOR HAS TO BE TO MEET A STANDARD BUILDING SETBACK FOR A SIDE STREET, WHICH IS REALLY WHAT WE'RE TALKING ABOUT HERE, OF 20 FEET.
THAT'S WHAT WE ARE IN FRONT OF YOU TO DO.
[NOISE] JUST AS AN AERIAL PERSPECTIVE, AGAIN, IF YOU'VE NOTICED ON GOOGLE MAPS, I THINK THAT ONE OF THE UNIQUE COMPONENTS OF THIS PROPERTY IS THE FACT THAT IT LITERALLY HAS ONE NEIGHBOR TO THE SOUTH AND ONE NEIGHBOR TO THE EAST.
ALTHOUGH IS ON A SIDE STREET, IT HAS NO NEIGHBOR ACROSS IT.
IT IS ON OUR ATTENTION AND PRESERVE AREA.
IT REALLY HAS AN OBSTRUCTION OR NO IMPACT TO ANYBODY TO THE NORTH.
ZOOMING IN THE CIRCLE IDENTIFY LOCATION WHERE THE GENERATOR IS BEING PROPOSED TO BE PLACED.
AGAIN, WE'VE WORKED THROUGH THE MATH BASED ON THE 20TH-FOOT SETBACK.
THERE'S A LITTLE BIT SPACE BETWEEN THE EXISTING BUILDING AND A SETBACK AND THEN THE DEPTH OF THE GENERATOR WE'RE LOOKING AT ABOUT 2.5 FEET IS WHAT WE'RE REQUESTING.
AGAIN, IT'S JUST OVER 12 PERCENT OF THE OVERALL SETBACK REQUIREMENT THAT WE'RE REQUESTING.
THE LOCATION IS RIGHT THERE UNDERNEATH HAT'S A FORE WINDOW THAT GOES INTO THE GARAGE.
WHERE THE BLACK WINDOW IS THERE, IT WOULD BE TUCKED REALLY RIGHT IN-BETWEEN THIS AREA WHICH YOU DON'T SEE VERY WELL BECAUSE OF THE LANDSCAPE SCREEN IS THE AIR CONDENSERS FOR AIR CONDITIONING AS WELL AS A COUPLE.
I THINK THE WATER PURIFIER IS OVER HERE ON THIS WALL.
AGAIN, THERE'S OTHER MECHANICAL EQUIPMENT THAT IS SITTING ON THAT SIDE OF THE HOME THAT YOU DON'T REALLY SEE.
BUT THAT'S THE LOCATION WHERE IT'S BEING PROPOSED.
YOU CAN START TO SEE THE TYPIC TOPS OF SOME OF THE ELECTRICAL AND DIFFERENT THINGS THAT ARE GOING ON FOR THE AIR CONDITIONERS RIGHT THERE.
THIS IT'S YOUR PRETTY TYPICAL GENERIC HOUSEHOLD GENERATOR.
[NOISE] THE GAS TANK HAS ACTUALLY ALREADY BEEN BURIED IN THE YARD AND SO AGAIN, SOME OF THE CRITERIA, THIS IS THE IMPORTANT PART OF REALLY WHAT SETS THE CRITERIA FOR WHERE GENERATOR CAN BE LOCATED.
THIS IMAGE THAT I'M SURE EVERYBODY HAS TAKEN A LOOK AT,
[00:10:03]
THAT WAS ACTUALLY GENERATED BY OUR OFFICE LEADER.YOU CAN GET AN UNDERSTANDING OF WHAT THE SITE PARAMETERS ARE.
[NOISE] OBVIOUSLY, THE BLUE LINE INDICATES THE SETBACK LINE.
YOU CAN SEE IT'S SIGNIFICANTLY REDUCED HERE ON THE SIDE SETBACK LINE, AS WELL AS WHAT WOULD BE THE BACK OR THE REAR PROPERTY LINE.
THERE IS A PROVISION THAT ALLOWS A REDUCED SETBACK IN THOSE LOCATIONS WITH THE INTENTION OBVIOUSLY IS IN MOST CONDITIONS, IN MOST CIRCUMSTANCES.
THAT'S THE LOCATION WHERE YOU'D WANT TO TRY TO PUT IT TO MINIMIZE ANY IMPACT TO THE PUBLIC, YOUR COMMUNITY, THE STREET, WHATEVER THAT MAY BE.
THOSE REDUCED AREAS ARE ON THESE TWO SIDES.
WHERE YOU SEE ANYTHING THAT'S IN RED, THAT IS THE FIVE-FOOT SETBACK.
WE MUST BE AWAY FROM ANY OPERABLE DOOR, ANY OPERABLE WINDOW, GARAGE DOOR, ANYTHING THAT COULD CAUSE VENTILATION OR CONCERN FOR THE LOCATION OF THE GENERATOR.
ANYTHING THAT IS IN YELLOW WOULD BE PERCEIVED LOCATIONS THAT ARE OUTSIDE THE RED AND INSIDE THE SETBACK.
THEN WE DO HAVE A SPACE THERE, A POOL, AND A SPA THAT HAS BEEN CONSTRUCTED ON THE BACKSIDE HERE IS CROSSHATCH.
WE WEREN'T ABLE TO FIND ANY SPECIFIC CRITERIA.
THEY SAID IT NEEDED TO BE AT A CERTAIN DISTANCE AWAY FROM A POOL.
WE CERTAINLY THINK THAT WE JUST USED A FIVE-FOOT SETBACK, THINKING THAT'S MOST APPROPRIATE IN A SAFE DISTANCE AWAY FROM ANYTHING THAT WOULD BE IMPACTFUL THAT WOULD BE PROBLEMATIC FOR THE ABILITY TO MOVE AROUND THE POOL.
AGAIN, GREEN IS WHERE THIS IS BEING LOCATED.
IN YELLOW, AS WAS INDICATED, THERE'S A COUPLE OF LOCATIONS OBVIOUSLY THAT ARE YELLOW AND I WILL TRY TO TOUCH ON THOSE ITEMS AS WE GO FORWARD.
I THINK SOME OF THE UNIQUE ASPECTS OF THIS, I ALREADY TOUCHED ON ONE OF THEM.
NUMBER 2, BUT NUMBER 1 IS REALLY THE FACT THAT THERE IS A UTILITY THAT RUNS ALONG THE ENTIRE EAST SIDE OF THE PROPERTY LINE.
AS YOU CAN SEE, THE POOL WAS MOVED AWAY FROM THAT SETBACK.
THERE'S A FENCE JUST OUTSIDE OF IT.
YOU'VE GOT THE HALLWAY TO THE EAST.
THERE'S REALLY LIMITED ABILITY IN THE REAR OF THE PROPERTY, WHICH WILL BE THE TYPICAL LOCATION TO TRY TO LOCATE THAT OR THE EASEMENT IS REALLY OBSTRUCTING MOST OF THAT OPPORTUNITY.
BUT I THINK NUMBER 2 IS PROBABLY THE ONE THAT IS UNIQUE TO THIS SITE MORE THAN ANYTHING ELSE AND THE FACT THAT AGAIN, OUR ADJACENCY TO OUR NEIGHBORING PROPERTIES AND THE CONCERN THAT BOTH OF THOSE NEIGHBORS HAVE VOICED BY LETTERS THAT ARE INCLUDED IN THE PACKAGE AS WELL AS THROUGH OUR CONVERSATIONS WITH THEM WHEN WE STARTED TALKING ABOUT LOCATING THE GENERATOR.
DON'T GET THIS WRONG, WE DIDN'T COME UPON THIS LIGHTLY WHEN WE MET WITH THE TOWN STAFF VERY EARLY ON WHEN WE CAME TO THIS, I THINK THE POINT WAS MADE VERY CLEAR TO US THAT VARIANCES ARE NOT SOMETHING THAT I THINK STAFF CERTAINLY TYPICALLY DOESN'T SUPPORT UNLESS THERE'S PURE OBVIOUS CIRCUMSTANCES THAT WOULD ALLOW FOR THAT.
COMING IN FRONT OF THIS BOARD WASN'T GOING TO BE A SIMPLE TASK EITHER.
BUT AGAIN, AFTER WE HAD THESE CONVERSATIONS WITH THE ADJACENT OWNERS AND WE'VE TALKED ABOUT WHERE WE COULD POTENTIALLY LOCATE THOSE GENERATORS, WE DID GET SIGNIFICANT PUSHBACK AND SO WE FELT LIKE IT WAS APPROPRIATE TO COME AND TALK TO YOU HERE THIS EVENING AND MAKE THE APPLICATION AND WORK THROUGH THIS PROCESS.
AGAIN, TO MY POINT, TO FACTOR OUR NEIGHBORS, NOBODY TO THE NORTH AND THE WAY TO THE WEST, IF YOU STAND ON THE SIDEWALK BASICALLY DIRECTLY IN FRONT OF WHERE THE GENERATOR IS BEING PROPOSED, LOOKING NORTH, YOU CAN SEE, IT'S ALL GREEN SPACE, OPEN SPACE.
THERE WOULD BE NO IMPACT OR HARM DONE TO ANYONE ACROSS THE STREET FROM US.
THE TWO NEIGHBORS THAT I JUST SPOKE ABOUT ARE THE 2699 AND 1314, RESIDENCES, SO 2699, THIS IS THE LETTER THAT THEY HAD DRAFTED AND SENT TO US THAT WAS TO OUR SOUTH, REALLY JUST INDICATING THE FACT THAT THERE IS ALREADY A LOT OF MECHANICAL EQUIPMENT ON THE HAYE SIDE OF THE PROPERTY IN-BETWEEN THE TWO HOMES.
THEN ADDING THE GENERATOR WAS REALLY A CONCERN OF THEIRS ON THE SOUTH SIDE.
HERE'S A QUICK PHOTOGRAPH BECAUSE YOU CAN'T SEE INTO THE HAYE SIDE OF THE PROPERTY IF WE GO BY, WHICH YOU CAN CERTAINLY SEE ON THE ADJACENT PROPERTIES.
YOU CAN SEE ON THE HAYE SIDE THEY'VE GOT THEIR POOL HEATER, THEY GOT THEIR AIR CONDITIONER, THERE'S THE POOL PUMP, ALL OF THAT MECHANICAL EQUIPMENT YOU ARE SEEING THAT ON THE LEFT SIDE.
THEN YOU CAN SEE THE ADJACENT PROPERTY.
THEY DON'T HAVE ANY EQUIPMENT ON THAT SIDE, BUT THEY DO HAVE BEDROOM WINDOWS ON THAT SIDE OF THEIR HOME.
THAT WAS REALLY THE MAIN POINT THAT THEY RAISED TO US THAT JUST ADDING THE GENERATOR WAS ONE MORE THING THAT THEY HAD TO BE CONCERNED ABOUT AND THE LONG TERM IN THEIR LIVEABILITY OF THEIR HOME.
[00:15:07]
THE EAST SIDE WE'RE CERTAINLY THE LOGICAL FIRST STEP BECAUSE WE WERE THINKING IT WAS GOING TO NEED TO BE ON THE SOUTH SIDE ADJACENT TO THE PROPERTY I JUST SHOWED YOU.WHEN WE STARTED LOOKING AT THE OPPORTUNITIES CERTAINLY, THERE IS THAT ONE LOCATION THAT'S ADJACENT TO THE DRIVEWAY ALTHOUGH IT WILL BE BEHIND THE FENCE.
THEY STILL HAD RAISED SOME CONCERN, BUT REALLY THEY WROTE THIS LETTER MORE OF A FORM FASHION THAT THEY FELT LIKE OBVIOUSLY, THE NORTH SIDE OF THE HOME WAS A VERY LOGICAL LOCATION.
IT WAS NOT IMPACTFUL TO ANYBODY AND IT WAS PROBABLY TO THE BEST BENEFIT OF ALL THE RESIDENTS IN THE AREA.
AGAIN, LOOKING ACROSS THE ALLEYWAY TO THE PROPERTY TO THE EAST, AGAIN, YOU CAN SEE THEIR PRIVACY FENCE.
THEY'VE GOT THEIR POOL BACK THERE AND THEN THE WINDOWS TO THEIR HOME.
AGAIN, THOSE ARE WHEN WE TALK ABOUT THE CRITERIA, SPECIAL CIRCUMSTANCES THAT ARE UNIQUE.
I THINK OUR MAIN POINT OF CONTENTION HERE IS SIMPLY THE FACT THAT WE THINK WE'RE UNIQUE AND AGAIN, THE ADJACENCY TO THE PROPERTIES AND WE'RE TRYING TO BE SENSITIVE TO THEIR CONCERNS AND KEEPING THAT SETBACK, I THINK THE ONE TO THE DRIVEWAY, ALTHOUGH THERE IS SPACE TO PLACE IT, YOU COULD ACTUALLY PUT THE GENERATOR WITHIN THAT LOCATION.
MY CONCERN IS THAT THEN THEY'RE SUPPOSED TO BE A THREE-FOOT CLEARANCE IN ADDITION TO THE LOCATION OF THE GENERATOR ITSELF, WHICH IS THEN GOING TO BASICALLY BE INTO THE POOL DECK.
IT REALLY STARTS TO MINIMIZE THE ABILITY TO GET AROUND THE POOL DECK ITSELF.
I'M PRESUMING THAT THE HAYES WOULD WANT TO SCREEN THAT FROM THEIR OWN ENJOYMENT IN THEIR OWN BACKYARD, IN THEIR POOL AREA.
YOU'RE TALKING ABOUT NOT BEING ABLE TO PUT ANY OBSTRUCTION WITHIN THREE FEET OF THAT.
YOU'RE GETTING WITHIN APPROXIMATELY FOUR FEET TO THE POOL EDGE BY DOING THAT, IT'S CLOSE. IT'S VERY CLOSE.
I UNDERSTAND THAT IT IS A POTENTIAL LOCATION AND I'M NOT MINIMIZING THAT.
BUT I DO WANT TO JUST INDICATE THE FACT THAT WHERE WE THINK THE BEST LOCATION IS A FUNCTION OF THE SETBACK CRITERIA BEING AT THAT 20-FOOT ON A SIDE WHERE WE HAVE NO IMPACTS TO ANYONE.
I'M GOING TO KEEP STEPPING ALONG.
ONE LOW-CODE PERMANENT LOCATION WILL BE BASICALLY IN THE FRONT YARD, WHICH WAS THE SOUTHWEST CORNER.
THAT WAS WHERE IF I STEP BACK ONE IN THIS BOTTOM GREEN, THIS GENERAL LOCATION IS ONE THAT IDENTIFIES LOCATIONS WHERE IT COULD EXIST.
THAT IS GENERALLY THE LOCATION WHERE THAT WOULD BE.
WE CERTAINLY COULD SCREEN IT WITH EDGE MATERIAL.
I'M NOT SAYING WE COULDN'T DO THAT.
BUT WHAT I AM SAYING IS IS STILL VERY MUCH IN CLOSE PROXIMITY THE ADJACENT PROPERTY.
HONESTLY, PROBABLY MORE WINDOW SPACES THAN WOULD BE IF IT WAS TUCKED BEHIND THE FENCE.
I DON'T KNOW THAT THAT REALLY IS A VERY LOGICAL LOCATION FOR IT TO BE, NOT ONLY FOR THE ADJACENT PROPERTY BUT THEN HAVING THE GENERATOR IN THE FRONT YARD SPACE IS NOT AN IDEAL SITUATION.
HERE'S A PICTURE OF THE BACK POOL DECK WHICH YOU PROBABLY COULDN'T SEE IN YOUR SITE VISITS.
IT'S A LITTLE LIGHT. I APOLOGIZE FOR THE PHOTOGRAPH.
I DIDN'T DO A VERY GOOD JOB OF CAPTURING THAT AREA.
BUT YOU CAN SEE WHAT I WAS INDICATING WAS ESSENTIALLY THE GENERATOR WOULD HAVE TO SIT RIGHT HERE IN THIS LOCATION AND IT HAS TO HAVE THREE FEET OFF THE WALL, 18 INCHES OFF OF THE BACK IN THE FENCE LOCATION.
THEN THREE FEET CLEAR AS YOU COME FORWARD TOWARDS THE POOL DECK.
WHAT I'M SAYING IS THAT REALLY, THERE'LL BE NO ABILITY FOR THEM TO SIMPLY TO REALLY SCREEN THAT AWAY WITHOUT IMPEDING THE PATH AND THE POOL DECK AS YOU GO ALONG THE SIDE OF THE POOL IN THIS LOCATION.
WHEN WE TALK ABOUT THE LITERAL INTERPRETATION ON THE CODE, THIS IS ANOTHER PROVISION.
NUMBER 1, WAS ONE THAT STAFF INDICATED THAT THEY DIDN'T FEEL LIKE WE MET THAT CRITERIA.
NUMBER 3, IS ONE THAT WE FEEL LIKE, AGAIN, THAT IT WOULD CAUSE UNNECESSARY HARDSHIP TO THE OWNER BY APPLYING THE REQUIREMENT FOR US TO LOCATE IT IN ONE OF THESE TWO LOCATIONS THAT IT COULD FEASIBLY FIT.
WE THINK THE HARDSHIP AND THE UNDUE HARDSHIP IS THAT IT CREATES THE CONCERN AND ISSUES THAT THEY'LL HAVE TO WORK WITH THEIR NEIGHBORS OVER FOR THE COURSE OF THE NEXT, HOWEVER, LONG THEY ARE NEIGHBORS WITH EACH OTHER.
THE REALITY IS IS THAT THAT FRICTION AND THAT IS A HARDSHIP.
THAT IS SOMETHING THAT IMPACTS THEIR DAILY LIFE, THAT IMPACTS THEIR RELATIONSHIPS
[00:20:04]
AND THE IMPACTS HOW THEY OPERATE OR LIVE ON THE PROPERTY DAY-TO-DAY.IF IT WERE TRUE THAT THE NEIGHBORS REALLY WERE IMPACTED BY THE LOCATION AND THE NOISE AND POTENTIAL IMPACTS OF THAT GENERATOR.
VARIANCE NUMBER 4, THAT IT IS THE MINIMUM VARIANCE MAKE POSSIBLE REASONABLE USE OF THE LAND AND OR STRUCTURE.
WE'VE MINIMIZED THE AMOUNT OF SPACE THAT WOULD BE REQUIRED.
WE'RE TALKING ABOUT 2.5 FEET HERE OFF OF THAT NORTHERN PROPERTY BOUNDARY.
WE CAN CERTAINLY SCREEN IT FULLY FROM VIEW, AS WAS INDICATED IN THE IS A SETTLEMENT AGREEMENT THAT'S WITH THE HOMEOWNER'S ASSOCIATION THAT ALSO INDICATES THAT FACT THAT IT WOULD NEED TO BE SCREENED FROM VIEW.
AGAIN, IT IS THE MINIMUM REQUIREMENT NECESSARY TO BE ABLE TO LOCATE IT IN A SPOT THAT IS MOST LOGICAL ON THIS PIECE OF LAND.
THEN CRITERIA NUMBER 6 IS GRANTING THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THESE LAND DEVELOPMENT REGULATIONS.
I MENTIONED EARLIER THAT THERE ARE SOME REDUCED SETBACKS ACCOMMODATED FOR SIDE YARDS, FOR REAR YARDS FOR GENERATORS TO MAKE ACCOMMODATIONS FOR THOSE.
IN OUR CIRCUMSTANCE, THAT'S NOT VERY HELPFUL BECAUSE WE CAN'T REALLY UTILIZE THE REAR YARD AND WE CAN'T UTILIZE THE SIDE YARD BECAUSE OF THE CONCERN THAT WAS RAISED BY THE OWNER TO THE SOUTH.
WE THINK THAT BY PROVIDING IT WHERE IT IS, IT REALLY MINIMIZES AND IT CREATES I GUESS, I'M SORRY, I'M STUMBLING HERE.
I APOLOGIZE. INSTALLATION ON THE NORTH SIDE PROVIDES GREATER HARMONY INTENT AT THE TOWN CODE, MEANING THAT IT REALLY REDUCES THE VISUAL IMPACTS AND THE IMPACTS TO THE ADJACENT NEIGHBORS AS WELL AS THE COMMUNITY AT LARGE.
SO YOU HAVE RESIDENTS WHO ARE CONCERNED WITH IT.
YOU HAVE AN HOA WHO HAS GIVEN THEIR AUTHORIZATION FOR IT TO BE LOCATED IN A POSITION WHERE IT'S BEING PROPOSED, AND THEY FELT LIKE IT WAS A GOOD LOCATION IN THAT SPOT AS WELL.
YOU'VE GOT THE NEIGHBORS AND THE LARGER HOA COMMUNITY INDICATING THAT IT WOULD BE BASICALLY IN HARMONY IN THE CONTEXT OF THE COMMUNITY THAT IT'S WITHIN.
THIS AGAIN, IS JUST A BRIEF SNIPPET FROM THE SETTLEMENT AGREEMENT, AND LESS THREE OR FOUR PAGES LONG, BUT IT BASICALLY INDICATES WHAT I JUST MENTIONED.
WITH THAT, I CERTAINLY WOULD APPRECIATE ANY QUESTIONS THAT YOU HAVE.
I CAN TRY TO TALK YOU THROUGH ANYTHING.
UNFORTUNATELY, LIKE I SAID, THAT HAZE COULD NOT BE HERE THIS EVENING.
BUT THERE IS AN ALTERNATIVE MOTION THAT WAS PUT IN THE STAFF REPORT.
CERTAINLY, WE WILL BE AGREEING TO THAT CONDITION, MAKING SURE THAT IT'S SCREENED FROM VIEW.
IF YOU WERE TO OBLIGE AND GRANT VARIANCE FOR US THIS EVENING. I APPRECIATE YOUR TIME.
I KNOW WE'RE THE ONLY ONE ON THE AGENDA THIS EVENING, SO IF WE GET OUT OF HERE TO GET TIME, BUT PLEASE ASK ME ANY QUESTIONS THAT YOU HAVE.
>> THANK YOU. ARE WE HEARING FROM STAFF? WE'LL HEAR FROM THATCHER HART OF THE PLANNING AND ZONING DEPARTMENT.
>> GOOD EVENING COMMISSION. FOR THE RECORD, THATCHER HART WITH THE PLANNING AND ZONING DEPARTMENT.
AS THE APPLICANT STATED, THE VARIANCE REQUEST IS TO REDUCE THE SIDE CORNER SETBACK FROM 20 FEET TO 17.5 FEET FOR AN EMERGENCY STANDBY GENERATOR ON THE NORTH SIDE OF THE PROPERTY THAT FACES AN EDGE AREA ACROSS THE STREET WITHIN THE WIZARD PART NEIGHBORHOOD.
STAFF IS RECOMMENDING DENIAL FOR THIS VARIANCE APPLICATION DUE TO THE FACT THAT THEY DO NOT MEET FIVE OF THE SEVEN CRITERIA REQUIRED FOR A VARIANCE.
UNDERSTANDING THAT THEY NEED TO MEET ALL SEVEN CRITERIA.
I DO WANT TO BRING TO YOUR ATTENTION THE AMENDMENT TO THE STAFF REPORT THAT WAS MADE YESTERDAY REGARDING THE POSITION OF THE HOA FOR THIS VARIANCE.
IT IS UNDERSTOOD WITH THE SETTLEMENT AGREEMENT THAT SHOULD BE IN ALL OF YOUR PACKETS THAT THEY'VE PROVIDED A CONDITIONAL APPROVAL UNDER TWO CONDITIONS.
ONE BEING THAT THEY PROPERLY SHADE OR COVER THE GENERATOR FROM PUBLIC VIEW, AS WELL AS THE SECOND CONDITION BEING THAT THE TOWN OF JUPITER PROVIDE A PERMIT FOR THE GENERATOR IN THIS POSITION.
I WILL GO ON TO EXPLAIN EACH OF THE REASONINGS FOR WHY WE BELIEVE THAT THEY'VE NOT MET THE CRITERIA FOR THE GENERATOR.
BUT FOR THE FIRST CRITERIA THROUGH THE REVIEW PROCESS, STAFF FOUND THAT THERE WEREN'T ANY SPECIAL CONDITIONS OR CIRCUMSTANCES THAT WERE PECULIAR TO THE LAND OR STRUCTURE.
THE TWO MAIN ISSUES, AS THE APPLICANT MENTIONED, WERE THE SAFETY REGULATIONS THAT ARE OUTLINED WITHIN THE FLORIDA BUILDING CODE,
[00:25:02]
AS WELL AS THE 10' UTILITY EASEMENT THAT'S PRIMARILY ON THE EAST SIDE OF THE PROPERTY.THAT'S IN QUESTION HERE TODAY.
THESE TWO ISSUES ARE NOT UNIQUE CIRCUMSTANCES TO THIS SINGULAR PROPERTY.
OTHER NEIGHBORS WITHIN THIS NEIGHBORHOOD, DO HAVE TO CONTEND WITH SIMILAR ISSUES AND DO HAVE TO CONTEND WITH THESE SAME ISSUES, IN TERMS OF THE 10' UTILITY EASEMENT AND FLORIDA BUILDING CODE, SHOULD THEY WISH TO INSTALL A GENERATOR OR OTHER MECHANICAL EQUIPMENT ON THEIR FACILITY ON THEIR PROPERTY.
THE APPLICANT HAS PROVIDED A DIAGRAM AS ATTACHMENT C TO SHOW YOU WHERE THE OUTLINE OF THE SETBACK FOR THE GENERATOR IS PER TOWN CODE BUT THEY'VE ALSO INCLUDED AN OVERLAY OF THE FLORIDA BUILDING RESTRICTIONS AROUND THE OPERABLE WINDOWS AND DOORS.
STAFF HAS IDENTIFIED POSSIBLE TO LOCATIONS THAT WOULD NOT REQUIRE A VARIANCE THROUGH ATTACHMENT E THAT YOU SHOULD HAVE IN YOUR PACKET.
ADDITIONALLY, THERE ARE TWO STARS THAT DO OUTLINE WHERE THOSE TWO POTENTIAL POSITIONS WOULD BE.
JUST TO CLARIFY THAT THOSE ARE WHAT THE STARS MEAN.
BECAUSE THERE ARE NO SPECIAL CONDITIONS BASED ON WHAT WE HAVE FOUND THROUGH THE PROCESS OF THE STAFF REPORT, IT WOULD NOT HAVE RESULTED FROM THE OWNERS OWN ACTIONS, SO CRITERIA NUMBER 2 WOULD NOT BE APPLICABLE IN THIS INSTANCE.
IN TERMS OF CRITERIA 3 AND 4, THEY DO HAVE TO DO WITH THE OWNERS OF RIGHTS FOR THE PROPERTY, AND BASED ON THE CODE, WE DO VIEW THE RIGHTS OF THEIR PROPERTY OWNER TO BE A SINGLE-FAMILY HOME ON PROPERTY.
THIS HAS TRADITIONALLY BEEN A VERY HARD CRITERIA FOR APPLICANTS TO MEET BECAUSE STAFF DOES HAVE TO TAKE A VERY STRICT AND LITERAL INTERPRETATION OF WHAT THIS RIGHT IS.
WHEN REVIEWING THE APPLICATION, STAFF DOES BELIEVE THAT THOSE RIGHTS WERE GRANTED TO THIS APPLICANT IN ADDITION TO THE ADDITIONAL RIGHTS THAT THEY HAVE OF A POOL AND PATIO THAT OTHER APPLICANTS OR OTHER PROPERTY OWNERS DO NOT ENJOY WITHIN THIS DISTRICT.
WITH THE UNDERSTANDING THAT THE LAW IS CURRENTLY BUILT WITH THE INTENDED PURPOSE AS OUTLINED WITHIN THE CODE, THERE IS NO MINIMUM VARIANCE THAT IS REQUIRED TO ENSURE THE FULL USAGE AND RIGHTS THAT THE PROPERTY OWNER DOES HAVE FOR THE LAND.
THAT WOULD ALSO MAKE CRITERIA 4, NOT MET.
AS FOR CRITERIA 6 AND NOT MEETING THE INTENT OF THE CODE, JUST TO PROVIDE SOME HISTORY FOR YOU.
THE CODE WAS AMENDED IN 2017 BY THE TOWN WITH REGARDS TO INTERIOR AND REAR SETBACKS FOR MECHANICAL EQUIPMENT AND THE GENERATOR SETBACKS, JUST AS AN INTENT TO REDUCE NUISANCES THAT COULD POTENTIALLY BE AVAILABLE TO SURROUNDING NEIGHBORS AND MEMBERS OF THE COMMUNITY.
IN ADDITION TO PROVIDING MORE FEASIBLE LOCATIONS FOR GENERATORS ON PROPERTIES.
THESE REDUCTIONS ARE AVAILABLE TO THE APPLICANT.
IT IS REDUCED TO THREE FEET ON THE SIDE AND FIVE FEET ON THE BACK.
THEY ARE AVAILABLE TO THE APPLICANT AND IT DOES PROVIDE OPPORTUNITIES FOR THE GENERATOR TO BE PLACED WITHIN THESE LIMITS.
AS YOU CAN SEE FROM ATTACHMENT E AND THE STAR IS PROVIDED ON THAT DIAGRAM.
SHOULD YOU FIND THAT THE APPLICANT DOES SATISFY ALL SEVEN CRITERIA, THE STAFF RECOMMENDS A CONDITION OF APPROVAL THAT THE PROPERTY OWNER SHALL MAINTAIN IN PERPETUITY, LANDSCAPING AND OR OPAQUE FENCING AROUND THE MECHANICAL EQUIPMENT THAT IS LOCATED ON THE NORTH SIDE OF THE PROPERTY TO SHIELD THE VIEW FROM GENERATOR OR THE STREET.
THIS IS ALSO IN LINE WITH THE SETTLEMENT AGREEMENT THAT IS IN YOUR PACKETS AND WOULD ALSO COMPLY WITH THAT REQUIREMENT AS WELL.
WITH THAT, I'LL BE HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE. THANK YOU.
>> CHAIR. BEFORE YOU GO TO QUESTIONS, I JUST WANTED TO LET THE BOARD KNOW THAT THE HOMEOWNER ASSOCIATION COVENANTS AND RESTRICTIONS ARE RELEVANT TO THEIR EVALUATION OF WHETHER OR NOT THE SEVEN CRITERIA ARE MET.
HOMEOWNER ASSOCIATIONS SETTLEMENT AGREEMENT RELEVANT TO WHETHER THE CRITERION OR THE SETTLEMENT AGREEMENT REQIUREMENT [INAUDIBLE] RESTRICTION IS VIOLATED.
TWO PARTIES AGREED TO SOME SET OF RULES REGARDING THAT BLEND RATION.
THAT CERTAINLY WOULDN'T BE [INAUDIBLE] WHETHER THE CRITERIA HAS BEEN MET.
>> THANK YOU. MICHELLE, HOW DO YOU WANT TO START US OFF WITH QUESTIONS?
>> YES. LOOKING AT THE EXHIBIT THAT WAS [OVERLAPPING].
>> YES. LOOKING AT THE EXHIBIT THE APPLICANT SUBMITTED TO US, THERE WAS AN AREA ON THE WEST SIDE OF THE PROPERTY RIGHT CLOSE TO THE PROPANE GAS TANK AREA.
[00:30:02]
MY QUESTION TO STAFF OR TO THE APPLICANT'S REPRESENTATIVE IS, IS THAT AREA THAT'S RIGHT NEXT TO THE PROPANE GAS TANK AREA LARGE ENOUGH TO ACCOMMODATE NUMBER 1, THE GENERATOR, AND NUMBER 2, THAT IT IS IN COMPLIANCE WITH SAFETY EXHAUST STANDARDS?>> WE'RE REFERRING TO THE WEST CORNER, CORRECT?
>> WE'RE REFERRING TO WHERE THE PROPANE GAS LID IS.
>> IT'S NORTH THAT THE STAFF HAD PROPOSED IN THE SOUTHWEST CORNER.
>> SURE. I THINK THE APPLICANT MAY BE BETTER SUITED TO ANSWER THAT QUESTION.
>> I WILL GIVE YOU MY BEST ATTEMPT.
I DON'T KNOW THAT I CAN TELL YOU EXACTLY IF THERE IS A SEPARATION CRITERIA BETWEEN A GENERATOR AND AN ACTUAL PROPANE TANK NOR THE LIMITS OF WHERE THAT PROPANE TANK SITS UNDERNEATH THE GROUND, BUT CERTAINLY IT IS SOMETHING THAT EXISTS THERE TODAY.
IT COULD FIT FRANKLY I THINK AGAIN, AS YOU MOVE CLOSER TO THE HOME ITSELF.
NOW, AGAIN, I DON'T THINK THAT IT'S THE IDEAL LOCATION, BEING IN THE FRONT YARD AND CERTAINLY BEING DIRECTLY ADJACENT TO A NEIGHBOR WHO'S GOT CONCERNS BUT I DON'T KNOW THAT DIMENSIONAL CRITERIA.
DID THE [NOISE] COME WITH THE HOUSE OR WAS IT BUILT LATER; DO YOU KNOW?
>> I DON'T ACTUALLY KNOW. I'M SORRY.
>> HOW ABOUT WHEN WAS THE PROPANE TANK BUILT?
>> THERE WAS A PROPANE TANK IS UTILIZED FOR THE GENERATOR.
THE PROPANE TANK IS BURIED TO BE UTILIZED BY THE GENERATOR.
>> BUT IT'S ALREADY IN PLACE, CORRECT?
>> OKAY. DO YOU KNOW WHEN IT WAS PUT IN PLACE?
>> YEAH. WOULD'VE BEEN DONE IN 2019.
>> IF I MAY ADD, I DO BELIEVE THAT THROUGH THE RESEARCH, THE HOUSE WAS BUILT IN 2012 AND I BELIEVE THAT IT WAS 2013 THAT THE POOL WAS PUT IN.
>> WHEN THE PROPANE TANK WAS PUT INTO PLACE AND I'M ASSUMING WAS PUT IN BECAUSE OF THE GENERATOR WHERE THE PROPER APPROVALS ARE PUTTING THE APARTMENT STUFF DONOR?
>> AS FAR AS I'M AWARE, YES, THEY WERE.
>> NOW, THE QUESTION ABOUT THREE FEET OFF THE WALL.
YOU MENTIONED IN THE AREA BY THE POOL THAT IT WOULD HAVE TO BE THREE FEET OFF THE WALL, YET ON THE NORTH SIDE YOUR PLACEMENT IS AGAINST THE WALL, WHY IS THERE A DISCREPANCY?
>> WELL, IF YOU LOOK AT THIS EXHIBIT RIGHT HERE, WHAT HAPPENS IS THIS SECTION OF THE WALL IS NOT WIDE ENOUGH FOR IT TO BE ORIENTED IN THE NORTH-SOUTH DIRECTION.
>> WE HAVE TO ORIENT TO EAST-WEST.
THE SEPARATION, THIS IS 18 INCHES FROM THE BACK OF THE GENERATOR AND THEN THREE FEET ON BOTH THE SIDES AND THE FRONT.
STEP BACK. IF YOU SEE, THIS IS AGAIN THE DIAGRAM THAT YOU USE, AND IT'S 18 INCHES FROM THE REAR OF THE GENERATOR AND THEN IT WOULD BE THREE FEET CLEAR ON EACH SIDE AND THE FRONT.
>> THAT'S BECAUSE OF THE DESIGN OF THE EXHAUST.
CAN YOU GET A DIFFERENT STYLE GENERATOR? THIS IS A SPECIFIC ONE THAT YOU'RE ACCORDING ME, BUT THERE ARE VARIOUS SHAPES AND SIZES ON GENERATORS.
>> THAT COULD POTENTIALLY BE THE CASE.
THIS GENERATOR IS PURCHASED. IT'S ON THE PROPERTY.
IT'S SITTING IN THE GARAGE AT THIS POINT.
IT'S NOT AS IF THIS IS SOMETHING THAT THEY'RE LOOKING TO PURSUE AND THEN PURCHASE THE GENERATORS.
>> THE APPLICANT'S ALREADY PURCHASED THE GENERATOR WITHOUT KNOWING WHERE THE GENERATOR IS GOING?
>> THAT'S CORRECT. I THINK THEY INTENDED FOR IT TO BE IN THIS LOCATION THINKING THAT IT WAS OKAY.
I THINK THEY WEREN'T REALLY PRIVY TO THE REQUIREMENTS WHEN THEY SUBMITTED FOR THE BUILDING PERMIT.
IT WAS REJECTED BECAUSE IT DIDN'T MEET THE SET BACK CRITERIA AND THAT IS WHAT HAS REALLY SPURRED THE NECESSITY FOR THE VARIANCE APPLICATION COMING FORWARD.
[00:35:07]
>> THANK YOU. COMMISSIONER DANNY?
>> I'M LOOKING, GOING BACK TO WHAT COMMISSIONER PATEL WAS TALKING ABOUT.
THE 18 INCHES, I BELIEVE IS SPECIFIC TO THIS DEVICE AND IT'S CONSIDERING THE BACK WOULD BE THE LONG AXIS OF THE GENERATOR ON THE BACKSIDE.
THAT'S TYPICALLY FOR MAINTENANCE AND THINGS YOU HAVE TO DO TO THE GENERATOR.
IF IT WAS TURNED SIDEWAYS, YOU'D HAVE 18 INCHES TO THE POOL DECK, BUT IT HAD TO BE THREE FEET OFF THE WALL TO THE HOUSE.
IS THAT SOMETHING THAT WOULD BE FIT IT? WHAT'S THE DISTANCE FROM THE EDGE OF THE HOUSE OUTWARD?
>> YOU'RE INDICATING THREE FEET FROM HERE?
>> EIGHTEEN INCHES FROM THERE.
>> BUT WHAT I'M SAYING IS THAT IT INTERFERES WITH THE FIVE FOOT CLEARANCE FROM THE GARAGE DOOR, IF YOU KNOW WHAT I'M SAYING.
IF YOU WERE TO TRY TO SET THAT GENERATOR IN THIS LOCATION RIGHT HERE, THEN IT'S GOING TO BE BASICALLY WITHIN THE FIVE FOOT CLEARANCE OF THE OPENING FOR THE GARAGE.
[OVERLAPPING] IT'LL EXTEND DOWN TO THIS EDGE OF THE HOME.
WE'RE GOING TO HAVE TO EYEBALL THIS JUST A LITTLE BIT BECAUSE I DON'T HAVE THIS SPECIFIC DIMENSION, BUT THIS IS FIVE FOOT FROM THE GARAGE OPENING TO THIS EDGE. THAT'S FIVE FOOT.
YOU'RE TALKING APPROXIMATELY, I WOULD SAY, 4-5 FEET SPLITTING THE DIFFERENCE, COMING TO THIS EDGE.
THEN YOU'LL NEED AN ADDITIONAL THREE FEET CLEAR, COMING IN THIS DIRECTION WHERE BEFORE THERE COULD BE ANY IMPEDIMENTS.
TRYING TO PUT A SCREEN, TRYING TO PUT ANYTHING AROUND THAT SIDE OF THE GENERATOR WOULD CERTAINLY BE INTRUDING INTO THE POOL DECK AND THE USABILITY AND FUNCTIONALITY OF MOVING AROUND THAT POOL DECK.
>> WELL, THE GENERATOR CAN BE PLACED DIRECTLY A BUDDING THE PINK AREA.
YOU DON'T HAVE TO HAVE THE THREE FEET IN ADDITION TO THE VAPOR BARRIER?
>> AGREED. THAT'S WHY I'M SAYING AS I THINK FROM THIS POINT AND THEN YOU'RE TALKING ABOUT, IF IT WAS FIVE FEET AREA, YOU'RE SAYING IT'S FOUR FEET TO THERE, THE GENERATOR IS ABOUT THREE AND A HALF FEET LONG.
IT WOULD BE ESSENTIALLY TO THE EDGE OF THE BUILDING WALL, AND SO THEN WE NEED AN ADDITIONAL THREE FEET SOUTH TOWARDS THE POOL DECK.
>> IF YOU ORIENTED BASICALLY EAST TO WEST, YOU'RE GOING TO HAVE THE THIN AXIS BETWEEN THE DRIVEWAY AND THE POOL.
YOU COULD PUT THE GENERATOR ALL THE WAY UP AGAINST THE PINK AREA.
>> IN THAT CIRCUMSTANCE, IF WE WERE TO PLACE IT RIGHT AGAINST THE RED.
>> THE GENERATOR IS APPROXIMATELY TWO FEET WIDE.
THEN WE WOULD THEN HAVE ANOTHER THREE FOOT PROJECTION.
THIS STILL IS GOING TO IMPEDE ON THE POOL DECK FOR SURE.
MAYBE LESS OR SO, BUT IT'S STILL IS AN IMPEDIMENT INTO THE POOL DECK.
YOU DON'T ACTUALLY EXTEND INTO THAT AREA.
YOU JUST HAVE TO KEEP IT CLEAR SO MAINTENANCE CAN BE DONE TO THE GENERATOR.
THEY ACTUALLY PROBABLY LIKE TO STAND ON THE POOL DECK WHILE THEY'RE DOING THE WORK IN THERE INSTEAD OF IN GRASS.
[OVERLAPPING] I'M SURE THEY WOULD BUT-
>> THERE WAS NOTHING THAT WOULD ACTUALLY IMPEDE INTO THE POOL AREA.
>> IT WOULD NOT BE IMPEDE INTO THE POOL AREA.
CERTAINLY, AGAIN, IT PROHIBITS THE ABILITY OF THE HOMEOWNER FOR CERTAINLY TO DO ANYTHING THAT WOULD BE ABLE TO VISUALLY SCREEN THAT INTERNALLY TO THEMSELVES AS WELL.
>> POTENTIALLY. IF WE KNEW THE DIMENSIONS A LITTLE BETTER, CAN YOU GO BACK TO THE GENERATOR? WHAT IS THE SMALL AXIS OF THE GENERATOR?
>> NO, I'M I GOING THE WRONG WAY? I THINK I'M GOING THE WRONG WAY.
THIS ACTUALLY DOESN'T HAVE IT, BUT I DID LOOK IT UP BEFORE I CAME THIS EVENING.
>> JUST OVER TWO FEET IN THIS DIRECTION.
FROM THE CORNER ACROSS, IT'S JUST OVER THREE FEET BECAUSE [OVERLAPPING] I WRITE IT 36-37 INCHES.
>> GO BACK TO THE COLOR DRAWING THEN [BACKGROUND] PLEASE.
IF YOU WOULD GO TWO FEET OUT FROM THE PINK, YOU'D HAVE QUITE A BIT OF ROOM LEFT ON THE SOUTH SIDE FOR SOME TYPE OF SCREENING, AT LEAST FOR A FENCE.
>> FROM THERE TO THERE, IT'S MAYBE FIVE FEET.
THAT WOULD LEAVE YOU THREE FEET FOR A BUFFER ZONE.
[00:40:10]
>> QUESTIONS, BUT IT'S NOT THE BOARD'S RESPONSIBILITY TO DESIGN THIS WAY, IT'S YOUR RESPONSIBILITIES CONFINED TO APPLYING THE CRITERIA TO THE FACTS THAT ARE PRESENTED TO YOU AND REACHING A CONCLUSION BASED ON THAT APPLICATION OF FACTS TO LAW.
>> UNDERSTOOD. I'M JUST TRYING TO FIGURE OUT IF WE COULD LIKE SET ONE OF THE ALTERNATE DESIGNS WITHOUT A VARIANCE BUT I THINK I'M GETTING TO THE ANSWER.
I HEARD COMMISSIONER PATEL ASK ABOUT SOME QUESTIONS ABOUT THE ORIGINAL 2019 TANK INSTALLATION. WAS THAT PERMITTED?
>> YEAH, THAT'S WHAT I UNDERSTAND, EVERYTHING WAS.
>> IT WAS DEFINITELY PERMITTED?
>> UNLESS THERE'S ANY OTHER INFORMATION, BUT I'M ONLY AWARE THAT IT WAS.
>> I HAVE A QUESTION FOR STAFF.
THE 27, 2307 REQUIREMENT THAT ALLOWED FOR INTERIOR AND REAR TO BE ENCROACHED UPON, BUT NOT THE FRONT.
WAS THAT AESTHETICS? WAS THAT FOR THE NEIGHBORHOOD? WHAT WAS THE REASONING?
>> IT WAS THE INTENT TO MAKE IT MORE APPEALING FOR RESIDENTS TO PLACE IT ON THE INTERIOR OR THE REAR SIDE OF THE PROPERTY, OR TO PREVENT NUISANCES OR AESTHETICALLY NON-PLEASING CHARACTERISTICS OF PROPERTY BEING SHIELDED FROM THE ROAD.
>> THANK YOU. COMMISSIONER KERN.
>> IF I COULD JUST ADD TO FURTHER THAT DISCUSSION THAT WE'RE HAVING BECAUSE I THINK THAT IT'S NOT- I JUST WANTED TO SHOW TOO THAT BASICALLY ON THE EDGE OF THE DRIVEWAY HERE, THERE IS THE POOL FENCE OBVIOUSLY.
THEY HAVE TO HAVE A POOL FENCE AROUND THE BARRIER TO CREATE THAT BARRIER.
THAT POOL FENCE EXTENDS BASICALLY FROM THAT POINT.
SO UNDERSTANDING WHAT YOU'RE INDICATING, ITS PROXIMITY AND ABILITY TO- I KEEP GOING IN THE WRONG DIRECTION, SORRY.
[NOISE] YOU KNOW WITH THAT FENCE BEING HERE AND THE PEDESTRIAN GATE IS HERE.
I UNDERSTAND THAT THAT COULD POTENTIALLY GET RELOCATED, BUT THE PEDESTRIAN ACCESS TO THE GATE COMES AND ACCESSES INTO THIS LOCATION.
YOU WOULD HAVE TO BE 18 INCHES OFF OF THAT FENCE.
SO WE'RE TALKING 18 INCHES IN PLUS THE ADDITIONAL DEPTH OF THE GENERATOR.
AGAIN, AND MY CONCERN IS SIMPLY THE FACT THAT THEN THAT THREE-FOOT CLEAR ZONE IMPEDES INTO THIS PORTION OF THE POOL DECK IN EITHER CIRCUMSTANCE OF WHERE YOU PLACE IT.
>> COMMISSIONER DUNNING. I MEAN COMMISSIONER CLARK?
THIS IS THE TIME THAT WE- DO WE HAVE ANY OTHER QUESTIONS OR CONCERNS AND TALK TO THEM AMONGST OURSELVES? DELIBERATIONS?
>> I'M JUST SAYING THAT WE CAN HAVE AN OPEN DISCUSSION.
DO YOU HAVE ANYTHING YOU'D LIKE TO SHARE WITH US?
>> I THINK THAT THERE IS A POTENTIAL LOCATION FOR THE GENERATOR TO WORK.
I ALSO THINK THE GENERATOR CAN BE CHANGED TO FIT THAT LOCATION.
FOR ME, I DON'T THINK THE CRITERIAS ARE BEING SATISFIED FOR OUR VARIANCE, AND I CAN GO OVER EACH CRITERIA AND GIVE MY REASONING.
PRIMARILY, I MEAN, THIS IS ALREADY A PUD, SO THERE WAS ESTABLISHED SETBACKS THAT WE'RE PUTTING INTO PLACE WHEN THE HOME WAS BUILT.
BECAUSE THE UTILITY EASEMENT, THE SETBACK LINES, I THINK THEY'RE ALL DONE WITH A CERTAIN PURPOSE IN MIND.
EVERYBODY IN THIS COMMUNITY FALLS UNDER THE SAME STRINGENT REQUIREMENTS AND BECAUSE THE COURT IS PRETTY CLEAR ABOUT WHERE THEY WANT SOME OF THIS STUFF PLACED, AND AS LONG AS IT CAN GET PLACED THERE, I JUST DON'T SEE HOW I WOULD BE PUSHING FOR- SEEING THE CRITERIA THAT SATISFY THE APPLICANTS' VERSION OF THE VARIANCE. THAT'S MY POSITION.
>> UNDERSTOOD. ANYBODY ELSE HAVE ANY?
>> I GUESS I DO. I HAVE ONE OR A COUPLE.
I THINK THE STAFF DID A VERY GOOD JOB PRESENTING THIS.
I APPRECIATE HOW YOU LAID IT OUT.
BASED ON THE APPLICANTS, HAS TWO ADDITIONAL PLACES THAT STAFF HAS IDENTIFIED THAT WOULDN'T REQUIRE A SETBACK PARAMETER.
I DON'T UNDERSTAND WHY WE CAN'T POSSIBLY LOOK AT THAT AS AN ALTERNATIVE AND THAT STAFF HAS IDENTIFIED FIVE OF THE SEVEN CRITERIAS THAT DON'T MEET THE- ARE NOT SATISFIED.
>> UNDERSTOOD. COMMISSIONER FORE, DID YOU HAVE SOMETHING TO SAY?
>> YES. I SEE VARIANCES AS THE LAST RESORT WHEN THERE'S NO OTHER WAY TO DO IT ON THE PROPERTY,
[00:45:03]
AND THEN YOU STILL HAVE TO MEET THE SEVEN CRITERIA.I DON'T SEE THAT THIS IS A LAST RESORT VARIANCE REQUEST.
SORRY BUT I DON'T SEE THAT THEY'VE MET THE REQUIREMENTS EITHER, BUT I DON'T SEE IT AS A LAST RESORT EITHER.
I DON'T SEE THAT'S MEETING MY BAR ANYWAY.
>> UNDERSTOOD. COMMISSIONER KERN.
>> I HAVE NOTHING. I AGREE WITH YOU.
>> MOTION TO DENY A VARIANCE BASED ON STAFF'S INTERPRETATION OF THE SEVEN CRITERIA IS NOT BEING FULFILLED, WE HAVE FIVE OF THE SEVEN NOT BEING FULFILLED.
>> VARIANCE DENIED. DOES ANYBODY HAVE ANY CLOSING STATEMENTS YOU'D LIKE TO MAKE? MR. BAIRD, DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO SHARE WITH US TONIGHT? I KEEP LOSING MY VOICE.
>> I HAVE ONE THING AND THIS WON'T HOLD UP MR. BAIRD.
THE PLANNING OFFICIALS' TRAINING WORKSHOP.
THIS IS DONE EVERY YEAR, BUT THIS YEAR IT IS HERE AT THE COMMUNITY CENTER, WHICH IS A HUGE BENEFIT TO ALL OF YOU GUYS.
THERE'S ALWAYS SOMETHING TIDBITS OF INFORMATION, ESPECIALLY IF YOU'RE NEW.
IT IS AUGUST 4TH FROM 7:30 AM TO 5:00 PM AND LUNCH IS PROVIDED AND WE WILL PAY FOR IT.
>> AND MANY OF THE ADDED BENEFITS IS THAT I'M ONE OF THE INSTRUCTORS.
BUT IF YOU'RE INTERESTED, EITHER CALL VALERIE OR JOSIE.
JOSIE NICHOLS IS OUR NEW ADMINISTRATIVE ASSISTANT FOR THE DEPARTMENT AND YOU GUYS MET THATCHER LAST MONTH.
>> YES. WELCOME JOSIE, WELCOME THATCHER.
>> THAT'S ALL I HAD. THANK YOU. ANYBODY ELSE? [BACKGROUND] IS IT 7:47?
>> WE'LL CALL THIS MEETING ADJOURNED. THANK YOU, EVERYONE.
>> THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.