[00:00:01]
BETTER. YEAH. NO. I WANT TO CALL THE MEETING TO ORDER OF THE DECEMBER 17TH, 2024 PLANNING
[A. Call to Order and Roll Call]
COMMISSION. CALL THE ROLL, PLEASE. MR. DAFFEN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HUGHES, MR. HARMON. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. WE HAVE A QUORUM. FIRST ITEM IS[B. Approval of Minutes]
APPROVAL OF MINUTES OF NOVEMBER 19TH. EVERYBODY HAD A CHANCE TO LOOK AT THOSE. YES, SIR. SIR.MOTION. MOTION TO APPROVE. SECOND. WE HAVE MOTION. SECOND. CALL THE ROLL. MR. DEVIN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HARMON. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. MOTION
[C. Announcements]
CARRIES. NEXT ITEM OR ANNOUNCEMENTS. MR. CHAIRMAN, THIS MORNING AT THE REGULARLY SCHEDULED MEETING, THE BOARD OF COUNTY COMMISSIONERS HEARD SOME ITEMS THAT HAVE BEEN BEFORE THIS COMMISSION IN THE PAST. OF THOSE, THE LAND USE AND ZONE CHANGE REQUEST. AND THE SOUTH PORT AREA ALONG SCURLOCK ROAD AND HIGHWAY 77. THAT REQUEST WAS TO GO FROM A MIXED USE LAND USE DESIGNATION AND MIXED LAND USE ZONING TO THE GENERAL COMMERCIAL AND C3 ZONING THAT WAS APPROVED.THE SECOND WAS THE MAPLE AVENUE REQUEST TO CHANGE THE LAND USE AND ZONING DESIGNATION FROM A GENERAL COMMERCIAL AND C3 LAND USE AND ZONING TO A RESIDENTIAL AND R3 LAND USE AND ZONING THAT ALSO WAS APPROVED. ADDITIONALLY, IF YOU RECALL, IN LAST NOVEMBER'S MEETING, A VARIANCE REQUEST CAME BEFORE YOU AT 325 DOLPHIN DRIVE. THE VARIANCE WAS TO PLACE A ACCESSORY STRUCTURE, IN THIS CASE A SWIMMING POOL IN THE FRONT YARD AREA. PLANNING COMMISSION DENIED THAT REQUEST.
THE APPLICANT DID APPEAL THAT TO THE COUNTY COMMISSION, AND THE BOARD HEARD THAT APPEAL THIS MORNING AND UPHELD THE PLANNING COMMISSION'S DECISION. AND THAT'S ALL I HAVE. OKAY. ALL
[D. Agenda – Additions, Deletions, Changes and Acceptance]
RIGHT. NEXT ITEM IS THE AGENDA. ANY ADDITIONS, CHANGES, DELETIONS TO THE AGENDA? YES, SIR. CHAPTER 29. CHAPTER 29 WILL ROLL TO NEXT MONTH. WE HAD ADVERTISED FOR REVISIONS TO CHAPTER 29, THE LAND DEVELOPMENT REGULATIONS, THAT WAS GOING TO MOVE TO THE JANUARY MEETING.OKAY. MY APOLOGIES. SO WE NEED A MOTION WITH THE AMENDED AGENDA. MOTION. SECOND. WE HAVE A MOTION A SECOND. CALL THE ROLL, PLEASE. MR. DEVIN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN.
[E. Public Hearings]
YES. MR. HONEYCUTT. YES, MA'AM. MOTION CARRIES. OUR NEXT ITEM IS THE PUBLIC HEARINGS. WITH THE PUBLIC HEARINGS. WHEN YOU WHEN YOU'RE CALLED TO SPEAK, YOU WANT TO COME TO THE PODIUM. WE NEED YOUR NAME, ADDRESS, AND WHETHER OR NOT YOU'VE BEEN SWORN IN. AND REGARDING BEING SWORN IN, IF YOU'RE HERE TO SPEAK, YOU NEED TO STAND. AND THE ATTORNEY WILL SWEAR YOU IN. SO IF YOU'RE HERE TO SPEAK, YOU NEED TO STAND TO BE SWORN IN. AND SOLEMNLY SWEAR OR AFFIRM THAT THE EVIDENCE YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. ITEM NUMBER A1 THE COMMISSION TO CONDUCT A QUASI JUDICIAL PUBLIC HEARING. PLD, PA 20240275 AND PLLC 202402245. TO CONSIDER A REQUEST TO CHANGE APPROXIMATELY THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.5 ACRES FROM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AND TO CHANGE THE ZONING FROM R-1 SINGLE FAMILY TO C1 NEIGHBORHOOD COMMERCIAL PROPERTIES LOCATED AT 2716 CAERNARVON CANAL AVENUE IN UNINCORPORATED PANAMA CITY AREA. ANY EX PARTE COMMUNICATION.ANYONE KNOW THE COMMISSIONER RADFIELD WHO HAD SPOKEN TO ONE I DON'T KNOW. OKAY. OKAY. THE TIME FOR ME AND FOR STAFF PRESENTATION. WAYNE PORTER. THANK YOU, MR. CHAIRMAN. AS NOTED, THE APPLICANT IS REQUESTING APPROVAL OF A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY HALF AN ACRE FROM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL. THE APPLICANT IS ALSO REQUESTED TO CHANGE THE ZONING OF THE PROPERTY FROM R-1 SINGLE FAMILY TO C1 NEIGHBORHOOD. COMMERCIAL ZONING.
THE PROPERTY IS LOCATED AT 2716 CANAL AVENUE IN THE UNINCORPORATED PANAMA CITY AREA.
THE PROPERTY IS LOCATED ON CANAL AVENUE, WHERE THERE ARE COMMERCIAL USES AND ZONINGS EXISTING THAT EXTEND NORTH FROM HIGHWAY 230 FROM THE HIGHWAY 231 COMMERCIAL CORRIDOR. THE PROPERTY IS DIRECTLY ADJACENT TO THE EAST BY PROPERTY THAT HAS A GENERAL COMMERCIAL LAND USE AND C3 ZONING DESIGNATION. THIS PROPERTY TO THE EAST, AS WELL AS THE RESIDENTIAL PROPERTY DIRECTLY TO THE SOUTH, ARE CURRENTLY ALSO OWNED BY THE APPLICANT. STAFF FEELS THAT THE REQUESTED AMENDMENT IS COMPATIBLE AND CONSISTENT WITH THE SURROUNDING AREA. IT'S
[00:05:01]
THEREFORE RECOMMENDED THAT THE COMMISSION FIND THE PROPOSED SMALL SCALE AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN, AND FIND THE PROPOSED ZONE CHANGE CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE PROPOSED LAND USE AND ZONE CHANGE REQUEST. WE DID RECEIVE SOME EMAIL COMMUNICATIONS THAT CAME IN LATE LAST NIGHT. THOSE TWO EMAILS WERE FROM CITIZENS. THEY GAVE THEIR ADDRESSES WITHIN THE AREA. THEY THEY DID OBJECT TO THE REQUEST. HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. I DON'T HAVE ANY I DON'T HAVE ANY ANY SORT MINE. IS THE APPLICANT HERE? DO YOU HAVE ANYTHING TO SAY TO US? THE REAL DESIRE OF NAME AND ADDRESS. SORRY ABOUT THAT. CHRISTOPHER. CLUBS, 1103 FORTUNE AVENUE, PANAMA CITY. AND I WAS SWORN IN. THE PRIMARY PURPOSE FOR THIS IS TO ALLOW ACCESS ACROSS THE PROPERTY TO THE APPLICANT'S ADJACENT PROPERTY. FOR A DEVELOPMENT ORDER, AND THE LITTLE ROAD THERE TO THE NORTH. THERE'S SOME QUESTIONS ABOUT ACCESS. AND IN ORDER TO CLEAR THAT UP, WE WANTED TO GO COMMERCIAL WITH THIS PARCEL. SO THAT'S THE IDEA THAT'S THAT LITTLE YELLOW STRIP.THAT'S AFFIRMATIVE. IT'S LIKE AN EASEMENT. YEP. RIGHT AWAY. IT'S KIND OF COMPLICATED. THE WOMAN WHO OWNS IT HAS PASSED AWAY, AND WE CAN'T REALLY DETERMINE A CHAIN OF TITLE FROM THAT POINT FORWARD. SO IN ORDER TO MAKE EVERYTHING NICE AND PRETTY, WE DECIDED TO GO COMMERCIAL WITH THIS PIECE. SO AS FAR AS THE USE OF THIS AS WILL BE STRICTLY FOR A ROAD, SO IT WILL HAVE ACCESS THROUGH IT AS OF RIGHT NOW, WE WILL PROBABLY GO THROUGH A DEVELOPMENT ORDER FOR THE PIECE BEHIND IT THAT'S ALREADY C3, AND THIS WILL BE A COMPONENT OF THAT IN ORDER TO HAVE ACCESS.
HOWEVER, THERE WE'RE NOT INTENDING ON ANY C3 USES ON THE PROPERTY THERE. THERE MIGHT, AT SOME FUTURE POINT IN TIME, BE AN OFFICE BUILDING PUT THERE, BUT THAT'S DOWN THE ROAD. WHAT IS THE BUSINESS? THE BUSINESS IS MASTEC. THEY ARE A CONTRACTOR FOR FLORIDA POWER AND LIGHT.
PARCEL TO THE EAST OF THE CHILDREN. SAY THAT ONE MORE TIME, SIR. THERE'S NO ACCESS TO HIGHWAY 231 FROM THE PARCEL TO THE EAST THAT YOU'RE TRYING TO GAIN ACCESS TO. IS THAT CORRECT? CORRECT. THAT PARCEL. THE LARGE PARCEL ON THE BACK SIDE OF IT. DOES THE APPLICANT OWN THAT AS WELL? JUST TO THE TO THE RIGHT THERE. YES. YES, SIR. TO THE RIGHT. YES, SIR. SO THAT'S THE APPLICANT AND ALSO THE R1 DIRECTLY SOUTH. OKAY. OKAY. SO WHILE WE'VE GOT THAT ON THE SCREEN, WAYNE, BETWEEN THAT SUBJECT PARCEL AND THE C3A, THERE'S LOOKS LIKE A Y. IS THAT WHAT'S THAT YELLOW STRIP THERE. NO THERE ISN'T THAT. I BELIEVE THAT'S A BIT OF A SCRIVENER'S ERROR IF YOU LOOK TO THE OTHER SIDE AT THE PARCEL LINE DOESN'T QUITE LINE UP EITHER. IT'S JUST OFFSET. OKAY. ISN'T THAT A MAP THERE? OKAY. MAP HERE. OKAY. OKAY. ELSE. DO YOU HAVE ANYTHING ELSE? NO, SIR. DO YOU HAVE ANY OTHER QUESTIONS? OKAY. THANK YOU. THANK YOU. THIS TIME, WE'LL OPEN UP TO PUBLIC PARTICIPATION. ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? AND WE'LL CLOSE PUBLIC PARTICIPATION. FOR THE RECORD, WE DO HAVE TWO EMAILS FROM THE PUBLIC ON THIS. SO I'M GONNA MOVE TO COMMISSION DISCUSSION AND ACTION. DID YOU SPEAK? I DID. WHAT WAS THEIR CONCERN? THE ACCESS ON CANAL AVENUE, THE ADDITIONAL TRAFFIC. IT LOOKS LIKE I DROVE PAST IT THIS MORNING ON MY WAY OFF AND SAID.
IT LOOKS LIKE THEY'RE SORT OF UTILIZING IT. I MEAN, THERE'S VEHICLES ON IT AND WHATNOT. I DON'T, YOU KNOW, I'M JUST STORING THEM OR WHATEVER THEY'RE DOING. YEAH. SO IF THAT'S THEIR INTENDED USE, I DON'T KNOW THAT IT'S GOING TO CHANGE IT MUCH. OBSERVATION. YEAH. THAT WHOLE CORRIDOR, IT'S MORE AND MORE UNUSUAL. BUT YOU CAN THROW A BASEBALL IN ANY DIRECTION AND HIT COMMERCIAL. YEAH. YEAH. RIGHT THERE. AS FAR AS INTENSITY IS CONCERNED. BARRING SOME OTHER
[00:10:08]
STRUCTURE ON THERE, IT'S JUST. PROPERTIES ARE ONE. THEY'LL BE GENERAL. YES. DOWNTOWN. MAKE A MOTION IF I CAN JUMP IN. YES. I'LL MAKE A MOTION THAT WE ADOPT STAFF'S RECOMMENDATION TO APPROVE IT. I'LL SECOND. WE HAVE A MOTION A SECOND. CALL THE ROLL, PLEASE. MR. DAFFEN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HEYMAN. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. MOTION CARRIES. NEXT, ITEM NUMBER A2, THE COMMISSION TO CONDUCT A QUASI JUDICIAL PUBLIC HEARING.PLC. P20240287. TO CONSIDER REQUEST TO ALLOW THE PLACEMENT OF A MANUFACTURED HOME ON A PROPERTY ZONED R-2 DUPLEX AND MANUFACTURED HOUSING WITHIN THE BEACHES AREA. SPECIAL TREATMENT ZONE LOCATED AT 2236 INLET BEACH DRIVE AND UNINCORPORATED PANAMA CITY BEACH AREA. ANY EX PARTE.
ANYONE? COMMISSIONER. NONE FOR ME. STAFF PRESENTATION. ANDREA HESS. THANK YOU, MR. CHAIRMAN.
THE PROJECT LOCATION 22236 INLET BEACH DRIVE IS ON THE WEST END OF PANAMA CITY BEACH. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF A MANUFACTURED HOME ON A PARCEL ZONED SINGLE FAMILY AND DUPLEX DWELLINGS, R2, AND IT IS WITHIN THE BEACHES SPECIAL AREA, BEACHES AREA, SPECIAL TREATMENT ZONE. CHAPTER FOUR, SECTION 405 OF THE BAY COUNTY LAND DEVELOPMENT REGULATIONS LIST THE ALLOWABLE USES IN THE R2 ZONING DESIGNATION AS MANUFACTURED HOMES AND DUPLEXES, WITH THE EXCEPTION, MANUFACTURED HOMES ARE NOT ALLOWABLE WITHIN THE BEACHES AREA SPECIAL TREATMENT ZONE, REGARDLESS OF ZONING DESIGNATION. R-2 ZONING ALSO ALLOWS FOR ALL ALLOWABLE R-1 USES, ALL R-1 ACCESSORY USES, AND TOWNHOUSE DEVELOPMENTS UP TO TWO UNITS. THE MAJORITY OF THE HOMES IN THIS AREA ARE MANUFACTURED HOMES. THE SUBJECT PROPERTY IS LOCATED IN A RESIDENTIAL NEIGHBORHOOD THAT CONSISTS PRIMARILY OF MANUFACTURED HOMES. STAFF FEELS THE PROPOSED USE WILL BE COMPATIBLE WITH THE SURROUNDING AREA, AND WILL NOT CREATE A NUISANCE FOR THE SURROUNDING PROPERTY OWNERS. IF APPROVED, THE MANUFACTURED HOME IS REQUIRED TO MEET ALL PROVISIONS OF CHAPTER 34 OF THE LDR REGARDING ORIENTATION AND ESTHETIC REQUIREMENTS, WE FIND THE PROPOSED CONDITIONAL USE PERMIT REQUEST CONSISTENT WITH THE COMPREHENSIVE PLAN AND LDR, AND REQUEST THAT YOU APPROVE THE CONDITIONAL USE PERMIT BASED ON THE ATTACHED FINDINGS. I'M HERE IF YOU HAVE ANY QUESTIONS. I DON'T HAVE ANY. ANYONE KNOW? THANK YOU ANDREA. AT THIS TIME, WE'D LIKE TO HEAR FROM THE APPLICANT AS THE APPLICANT HERE. EXCUSE ME. I'M DONNIE SELLERS, AND THIS IS KAREN SELLERS AT TWO TWO, 236 INLET BEACH DRIVE. AND I HAVE BEEN THERE SINCE 86. AND TO ME, THAT'S JUST MY HOME, YOU KNOW, AND MY UNCLE HAD PASSED AWAY AND, AND THEY MADE US TEAR IT DOWN BECAUSE I GUESS IT NEEDED UPGRADING. BUT I'M JUST ASKING A REQUEST TO PUT US BACK AT HOME SO THAT WE CAN HAVE OUR HOME BACK. AND I SAW YOU STAND UP. YOU WERE SWORN IN. FOR THE RECORD. YES, SIR. I WAS SWORN IN FOR THE RECORD. SORRY. I DON'T HAVE ANY QUESTIONS. IT'S PRETTY STRAIGHTFORWARD. YEAH, YEAH. THANK YOU. THANK YOU SO MUCH FOR YOUR TIME. THANK YOU. THANK YOU.
I FORGOT TO MENTION WE HAD NO COMMENT. PUBLIC COMMENT ON THIS. ANYONE. ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? THIS TIME I'LL MOVE TO COMMISSION DISCUSSION AND ACTION. IT'S PRETTY STRAIGHTFORWARD TO ME. ROBBING PEOPLE OF THEIR PREVIOUS USE, RIGHT? I WOULD MOTION TO APPROVE STAFF'S RECOMMENDATION. SECOND, WE HAVE A MOTION TO SECOND. CALL THE ROLL, PLEASE. MR. DAFFEN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. MOTION CARRIES. NEXT ITEM, ITEM NUMBER THREE. THE COMMISSION TO CONDUCT A QUASI JUDICIAL PUBLIC HEARING. POVAR2024020271. TO CONSIDER A VARIANCE REQUEST TO ALLOW THE FRONT BUILDING SETBACK BE REDUCED FROM 20FT TO 5FT ON A PROPERTY ZONED R-1 SINGLE FAMILY LOW. THE PROPERTY IS LOCATED AT 202 FAN CORAL DRIVE IN UNINCORPORATED PANAMA CITY BEACH AREA. ANY EX PARTE WITH ANYONE? NO, SIR. NO. NONE FOR ME EITHER.
STAFF PRESENTATION. ANDREA HESS. THANK YOU, MR. CHAIRMAN. 202 FAN CORAL DRIVE, PANAMA CITY BEACH.
THE VARIANCE REQUESTED IS TO DECREASE THE MINIMUM FRONT SETBACK REQUIREMENT FROM 20FT TO 5FT. TABLE 4.1 OF THE BAY COUNTY LAND DEVELOPMENT REGULATIONS STATE THAT THE MINIMUM FRONT
[00:15:01]
SETBACK REQUIREMENT FOR RESIDENTIAL USE IS 20FT. CURRENTLY, THE PROPERTY HAS A THREE POINT, I'M SORRY, 3334 SQUARE FOOT HOME, AN INGROUND POOL AND ACCESSORY STRUCTURES.THE APPLICANT SEEKS THE REDUCTION IN SETBACK TO BUILD A 20 BY 20 CARPORT OVER THE EXISTING DRIVEWAY. PER THE APPLICANT, MY HOUSE IS LOCATED ON AN ODD SHAPED CORNER LOT, WHICH GREATLY REDUCES THE USABL, BUILDABLE AREA OF THE PROPERTY. THIS AREA DOES NOT ALLOW ANY SUITABLE LOCATION OTHER THAN THE LOCATION I AM PROPOSING FOR THE STRUCTURE. THIS HARDSHIP IS UNIQUE TO MY PROPERTY. THE APPLICANT ALSO MENTIONS A COUNTY EASEMENT AND UTILITY LINES THAT PROHIBIT HIM FROM BUILDING ON THE EAST SIDE OF THE PROPERTY. STAFF. STAFF FEELS THAT THERE IS NO INFORMATION TO SUGGEST THAT A HARDSHIP IS PRESENT WHEN ANALYZING THE STANDARDS OF REVIEW. THE REQUEST APPEARS TO BE MORE OF A PREFERENCE RATHER THAN A HARDSHIP, AS DEFINED BY THE LDR STANDARDS OF REVIEW. A PROPERTY HAS ROAD FRONTAGE ON TWO STREETS, ALLOWING FOR POTENTIAL ACCESS FROM BOTH FAN CORAL DRIVE AND ROSE CURL DRIVE. THE STAFF FINDS THE PROPOSED VARIANCE REQUEST INCONSISTENT WITH THE COMPREHENSIVE PLAN AND LDR, AND WE ASK THAT THE PLANNING COMMISSION DENY THE VARIANCE REQUEST BASED ON THE ATTACHED FINDINGS. WE DID GET ONE COMMENT PUBLIC COMMENT AGAINST THIS VARIANCE. DID EVERYBODY GET THAT EMAIL COMMENT? YEAH. ALL RIGHT. THANK YOU ANDREA. THIS TIME WE'LL HEAR FROM THE APPLICANT. IS THE APPLICANT HERE? YES. GOOD MORNING COMMISSIONERS. MY NAME IS GREGORY LAPLANT. I LIVE AT 202 FAN CORAL DRIVE, PANAMA CITY BEACH. I'VE LIVED THERE. MY WIFE AND I, I'M 67 YEARS OF AGE, AND MY WIFE AND I HAVE LIVED IN OUR HOME AT 202 FRANKLIN DRIVE SINCE I BUILT THE HOUSE IN 1995. I TYPED THIS OUT SO I DON'T HAVE A SENIOR MOMENT AND FORGET WHAT TO SAY TO YOU, SIRS. I WAS ATTEMPTING TO GET A PERMIT TO BUILD AN ENGINEERED PATIO COVER OR CARPORT IN MY DRIVEWAY. THIS IS A STEEL STEEL BARN TYPE ENGINEERED POLE BARN CARPORT OVER THE DRIVEWAY. THE REASON FOR THE STRUCTURE IS TO GET MY WIFE. MY WIFE IS ALSO. SHE'S 65 YEARS OF AGE. WE HAVE A LOT OF SKIN CANCER AND I HAVE ONE HERE. I GOT THEM ALL OVER MY CHEST. AND BELIEVE IT OR NOT, MY WIFE'S SKIN IS WORSE. WORSE THAN MINE. WE'RE DESPERATELY IN NEED OF PUTTING, OF GETTING SOME MORE SHADE IN. ITS IN OUR DRIVEWAY, RIGHT NEXT TO OUR HOUSE AND JUST IN DESPERATE NEED OF IT. THE SUN OUT THERE WOULD JUST BURN YOU ALIVE AND MELT YOUR PAINT. IT'S MELTING THE PLASTIC ON THE INSIDE OF THE CAR. AND AS THE LADY MENTIONED, YES, IT IS MORE OF A PREFERENCE ITEM. I WOULD LIKE TO POINT OUT THAT THIS IS A 150 MILE AN HOUR STEEL STRUCTURE. IT'S LIKE A POLE BARN. IT'S VERY, VERY STRONG. IT IS ENGINEERED AND THE BUILDING DEPARTMENT HAS APPROVED THE STRUCTURE. THE PLANNING DEPARTMENT HAS TURNED ME DOWN BECAUSE OF THE 20 FOOT RULE. MY HOUSE ITSELF IS 25FT FROM THE PROPERTY LINE AS REQUIRED. I BUILT MY HOUSE APPROXIMATELY 30 YEARS AGO, AND APPARENTLY THE BLAZING SUMMER SUN DOES NOT KNOW THE 20 FOOT RULE. AS YOU CAN SEE FROM THE PLANS AND PHOTOS, IF YOU HAVE THEM, I HAVE PLENTY OF ROOM IN MY DRIVEWAY FOR THIS PROPOSED STRUCTURE, WHICH IS ABOUT 25FT FROM THE EDGE OF THE ROAD. WE HAVE VERY WIDE EASEMENTS IN OUR SUBDIVISION. I'M ON VERY GOOD TERMS WITH MY NEIGHBORS, AND I DON'T ANTICIPATE ANY OBJECTIONS FROM THEM. I'D LIKE TO THANK YOU FOR YOUR TIME AND YOUR SERVICE TO THE COMMUNITY. THE COUNTY STAFF HAS ALSO BEEN VERY KIND AND HELPFUL WITH THE PROPOSED STRUCTURE. I'D LIKE TO RESPECTFULLY ASK THAT YOU APPROVE MY APPLICATION. AND ONCE AGAIN, I'D LIKE TO THANK YOU FOR YOUR CONSIDERATION. AND AGAIN, IT'S JUST WE'RE DESPERATE NEED OF THE SHADE. IT'S JUST BURNING THIS UP OUT THERE. IT'S. AND I GOT PLENTY OF ROOM FOR IT. THANK YOU VERY MUCH. CAN YOU CONFIRM YOU WERE SWORN IN? MR. LAPPIN, I'M SORRY. CAN YOU CONFIRM YOU WERE SWORN IN? YES, SIR. YES, SIR. I WAS SWORN IN EARLIER. I WAS SITTING RIGHT IN THE BACK THERE. YES. ANY ANY QUESTIONS FOR YOU? I DON'T HAVE ANY QUESTIONS. I DON'T HAVE ANY. NO, SIR. THANK. THANK YOU VERY MUCH, SIR. AT THIS TIME, WE'D OPEN UP TO PUBLIC PARTICIPATION ON. NO.
OKAY. THERE'S NO PUBLIC IN HERE. WE'LL CLOSE PUBLIC PARTICIPATION, I WOULD. DO WE HAVE AN AERIAL PHOTO? CAN YOU PUT THE AERIAL? OKAY. SO THE CABLE, POWER LINE, SEWER AND ALL THAT. THAT'S PROBABLY NOT REALLY AN EASEMENT AS MUCH AS JUST THE SERVICE IN THE HOUSE, RIGHT? WAYNE. THERE'S A SITE PLAN. THAT WOULD BE MY ASSESSMENT AS WELL. YES. YEAH.
[00:20:11]
OTHER THAN THAT, THERE'S ROOM ON THAT SIDE TO PUT IT WITHOUT THAT BACK. INTO THE EAST SIDE. YEAH.RIGHT. RIGHT. I PERSONALLY DON'T. KNOW I IT'S REALLY INCONSISTENT WITH THE NEIGHBORHOOD. THERE ARE NO STRUCTURES THAT ARE THAT CLOSE TO THE ROAD. CERTAINLY NOTHING.
WELL. OR OTHER AUXILIARY STRUCTURES LOOK LIKE IN THE BACKS OF PEOPLE'S PROPERTIES, BUT THOSE ARE STORAGE UNITS AND SO FORTH. AND I ASSUME THAT THE DEED RESTRICTIONS IN THE COMMUNITY ALLOWED FOR THAT. AND THERE AT THE BACK OF THE PROPERTY. YEAH. SO MY INCLINATION WOULD BE TO DENY THE REQUEST OR FIND WITH OR FIND WITH STAFF'S RECOMMENDATION TO NOT APPROVE AND POSSIBLY EXPLORE. PUT IT ON THE ON THE OPPOSITE SIDE, WHICH APPEARS TO HAVE ROOM. I KNOW THEY SAID THERE'S A UTILITY EASEMENT THERE, BUT WE'VE ALREADY WE. I'M SORRY, MR. LAPOINTE. WE'VE ALREADY CLOSED THAT. YEAH. THAT'S. THOSE ARE MY THOUGHTS.
YEAH, I AGREE, I AGREE WITH THAT. I AGREE WITH THAT. SO WITH THAT, I'LL MAKE THE RECOMMENDATION THAT WE DENY THE REQUEST. I'LL SECOND THAT. WE HAVE A MOTION A SECOND. CALL THE ROLL PLEASE. MR. DAFFEN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN. YES, MA'AM. MR. HENNIGAN. YES, MA'AM. MOTION CARRIES. JUST FOR THE RECORD, MR. LAPLANTE, I THINK THAT EAST SIDE IS YOUR BEST BET. SURE. YOU'RE WELCOME TO COME UP HERE, BUT. YEAH. I'M SORRY. YOU SEE THE PROBLEM WITH ON THE RIGHT SIDE, WE HAVE THE TREES ARE RIGHT IN THE WAY. THERE WE HAVE MY POWER LINES. MY SEWER LINES, MY EVERY ALL THE UTILITIES COME OUT ON THE ON THAT, THAT SIDE OVER THERE. AND SO IT'S TOTALLY OFF LIMITS BETWEEN THE TREES, THE POWER LINE, THE SEWER LINE, THE PHONE LINE. EVERYTHING IS ON THAT, THAT SIDE OF IT. AND THAT THAT IS YOU KNOW, THE PROBLEM WITH THAT, IF YOU LOOK AT THE DRIVEWAY PART OF IT, THAT WILL PRETTY MUCH EXPLAIN. YOU CAN SEE HOW LONG THE DRIVEWAY IS AND HOW WIDE THE EASEMENT IS. AND SO THIS PROPOSED STRUCTURE GOES RIGHT NEXT TO THE HOUSE INTO THE DRIVEWAY. AND THERE'S STILL JUST A BECAUSE WE HAVE THE WIDE EASEMENTS, THERE'S STILL A TREMENDOUS AMOUNT OF ROOM ON THE SIDE. BUT TO ANSWER YOUR QUESTION ON THIS SIDE OF IT, THE TREES, THE POWER LINE, THE SEWER LINE, EVERYTHING. AND I KNOW THAT BECAUSE I BUILT THE HOUSE 30 YEARS AGO AND THAT IS MY. SO THEY MENTIONED THAT THE BUILDING DEPARTMENT. OH, WHY DON'T YOU PUT IT ON THE EAST SIDE? SORRY, SIR. IT'S TOTALLY OFF LIMITS.
AND THAT'S WHY, YOU KNOW, WE HAVE COME TO. THE ONLY PLACE I CAN PUT IT IS IN THE DRIVEWAY NEXT TO THE HOUSE. AND THE DRIVEWAY ITSELF IS VERY LONG BECAUSE OF THE WIDE EASEMENTS.
THAT'S MY DILEMMA, RIGHT? YEAH. WE JUST VOTED TO NOT APPROVE IT. I'M SORRY. WE JUST VOTED TO NOT APPROVE IT. THE VARIANCE. YES, SIR. SO MAY I MAY I GO TO THE COUNTY COMMISSION AND SPEAK TO THEM ABOUT IT? IS THERE CAN I? IT IS KIND OF AN UNUSUAL SITUATION. CAN THEY APPEAL THIS TO THE COUNTY COMMISSION? WAYNE? THE APPLICANT DOES HAVE THE OPTION TO APPEAL THE PLANNING COMMISSION'S DECISION. WE WOULD NEED THAT APPEAL WITHIN TEN BUSINESS DAYS OF THIS DECISION.
AND THERE IS A THERE IS A FEE FOR TO APPLY FOR THAT APPEAL AS WELL. YES, SIR. NOW HOW DO I DO THAT? WELL, ONCE THE MEETING IS OVER WE'RE GOING TO WE'LL PROVIDE YOU A LETTER WITH THE OUTCOME AND WE'LL GIVE THAT INFORMATION. THANK YOU SIR. THANK YOU. SO WE DON'T HAVE AN
[F. Commission Member Items]
ITEM FOR THE NEXT ITEM IS A COMMISSION MEMBER. MEMBER ITEMS. FIRST ITEM IS THE MEETING DATES.NO, SIR. I'M SORRY MADAM. THERE IS A PORTION OF NUMBER FOUR THAT'S STILL GOING. YEAH. 13.
I'M STILL DOING NUMBER FOUR. 13. ITEM NUMBER FOUR ADDRESSED CHAPTER 13 AND 29. HOWEVER, 29 OF ONE I'LL BE HERE TODAY. CHAPTER 13. ALL RIGHT. ITEM NUMBER FOUR. ITEM NUMBER FOUR, THE COMMISSION TO CONDUCT A LEGISLATIVE PUBLIC HEARING TO CONSIDER REQUESTS TO REVISE.
CHAPTER 13, SPECIAL USES PROPOSED REVISIONS. ADDRESS. IS THIS FENCE REGULATIONS OR THE
[00:25:04]
CONDOMINIUM ASSOCIATION DEVELOPMENTS WHICH IS. THIS IS A FENCE REGULATION. THE FENCE PROPOSED REVISIONS TO ADDRESS FENCE REGULATIONS. STAFF PRESENTATION WAYNE PORTER. THANK YOU, MR. CHAIRMAN. THE PROPOSED REVISION TO CHAPTER 13 OF THE LAND DEVELOPMENT REGULATION INCLUDES LANGUAGE THAT PROVIDES DEVIATIONS TO FENCE HEIGHT REQUIREMENTS WHEN RECOMMENDED BY PUBLIC SAFETY AND OR LAW ENFORCEMENT OFFICIALS. THE LANGUAGE ALLOWS STAFF DISCRETION IN APPROVING THESE DEVIATIONS, WHILE ALSO ESTABLISHING TERM LIMITS FOR THE APPROVED DEVIATIONS. THOSE AMENDMENTS, THOSE AMENDMENTS ARE ATTACHED FOR YOUR CONSIDERATION. STAFF RECOMMENDS THAT THE COMMISSION CONDUCT A PUBLIC HEARING AND FIND THE PROPOSED AMENDMENTS CONSISTENT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, AND FORWARD A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THOSE AMENDMENTS. HERE TO ANSWER ANY QUESTIONS. WE DID NOT RECEIVE ANY PUBLIC COMMENT ON THIS ITEM. THAT EIGHT FOOT MAX. WHAT IF THERE'S A PILASTER THAT'S EXTENDS FOUR INCHES ABOVE IT SO IT LOOKS BETTER PERIODICALLY? YOU HAVE A PERIODIC BRICK PILASTER THAT'S EIGHT FOOT FOUR. WELL, THE MAXIMUM HEIGHT IS EIGHT FEET. SO THAT WOULD INCLUDE ANY APPENDAGE OF THE FENCE ABOVE THAT. YOU'D STILL HAVE TO MEET THAT EIGHT FOOT MINIMUM. OKAY. WHAT ABOUT RIGHT FOOT MAXIMUM. SORRY. WHAT ABOUT A LIGHT FIXTURE ATTACHED TO THE TOP OF THE PILASTER? A LIGHT FIXTURE? I DON'T SUPPOSE WE'D HAVE AN ISSUE WITH. I. IT'S THE QUESTIONS NEVER COME UP BEFORE. SO I HAVE A. YEAH. OKAY.ALL RIGHT. BUT WE GET THE WE GET THE QUESTION A LOT CONCERNING THE BARBED WIRE ON TOP OF THE FENCE THAT RUNS THE WHOLE PERIMETER, AS WELL AS MAYBE SOME SORT OF. LANDSCAPE TRELLIS.
THOSE ARE ALL CONSIDERED INTO THE OVERALL HEIGHT. IF IT RUNS THE ENTIRE PERIMETER OF THAT FENCE, THEN YOU'D HAVE TO MEET THAT MAXIMUM. THOSE REGULATIONS AS WELL. OKAY. OKAY. NO, I MEAN, JUST AS LONG AS IT'S SENSIBLE THAT A LIGHT MOUNTED, WE'VE GOT A SITUATION WHERE WE'VE GOT THIS DETAIL WHERE WE'VE GOT A RETAINING WALL AND A FENCE ON TOP OF IT, AND IT'S GOING TO BE IF WHAT THE OWNER WANTS IS GOING TO BE NINE FEET IN A SMALL SECTION, BUT THEN IT'LL BE EIGHT FEET AS CONTOURS ADJUST. SO HE WANTS IT FOUR FEET ON THE INSIDE. SO FOR SAFETY AND WHATEVER. AND SO IT'S WE'LL GET INTO SOMETHING WHERE WE'VE GOT IF IT'S A FIVE FOOT WALL AND A THREE FOOT FENCE THAT ACTS AS A GUARDRAIL, IF IT NEEDS TO BE A FIVE FOOT WALL, AND IT NEEDS TO BE 3.5FT TO ACT AS A GUARDRAIL. YOU KNOW, THAT'S THAT COMPLICATES IT. BUT WE'RE WE'RE CLOSE TO THAT HAPPENING. BUT THAT'S BUT THE MAIN THING IS THE LIGHTS AREN'T GOING TO PUT ON THE INSIDE FACE BECAUSE I DON'T WANT IT LOOKING OUT TO THE NEIGHBORS. BUT I'VE GOT THIS EXACT SITUATION THAT'S REALLY CLOSE TO BARELY WORKING BECAUSE OF THIS DETAIL. WELL, WE DO HAVE HEIGHT RESTRICTIONS IN THE LDR FOR LIGHTS AS WELL WITHIN THE RESIDENTIAL AREAS, BUT YOU CAN'T EXCEED A CERTAIN HEIGHT. BUT OTHER THAN THAT, I DON'T HAVE ANY PROBLEM WITH THESE REVISIONS. MOVING. WE NEED A MOTION ON THIS. PARDON ME. PUBLIC HEARING. OH, SO ANYONE FROM THE PUBLIC WANT TO SPEAK ON THIS? HERE. NO HEARING? NO. NOBODY FROM THE PUBLIC. NOW WE'LL GO TO COMMISSION DISCUSSION AND ACTION. I DON'T HAVE ANYTHING. I NEED A MOTION, A MOTION. SECOND. WE HAVE A MOTION. SECOND. CALL THE ROLL. MR. DEVIN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN. YES, MA'AM. MR. HONEYCUTT. YES, MA'AM. MOTION CARRIES GRUDGINGLY. YES. ALL RIGHT. NOW TO NOW TO ITEM NUMBER F. THE FIRST TIME IS APPROVED, THE 2025 MEETING DATES. AND THEY LOOK FINE TO ME, THOUGH. YEAH. MOTION ON THAT MOTION TO APPROVE THE MEETING DATES. SECOND. WE HAVE A MOTION. SECOND. CALL THE ROLL. MR. DEVIN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN. YES. MR. HONEYCUTT. YES, MA'AM. NEXT ITEM IS ELECTING CHAIRMAN AND VICE CHAIR. ANYBODY WANT TO? I MOVE THAT WE KEEP THE SITUATION AS IT IS. I SECOND.
ALL RIGHT. WE HAVE A MOTION AND A TO KEEP IT AS IS. CALL THE ROLL, PLEASE. MR. DEVIN. YES, MA'AM. MR. CARTER. YES, MA'AM. MR. HAYMAN. YES,
* This transcript was compiled from uncorrected Closed Captioning.