On the agenda

1. 0.aRoll Call▶ 0:00
2. 0.b

   Pledge of Allegiance

   The Pledge of Allegiance was recited.

   ▶ Jump to 0:28 in the video

   ▸Show transcriptHide transcript

   Auto-transcript · machine-generated, may contain errors

   [00:00:28] Thank you. If we could stand for the Pledge of Allegiance, please. [00:00:34] 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.

   This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

3. 0.cApproval of Minutes: January 18, 2018▶ 0:56
4. 1

   Variance Application VAR2017-1566 - 7431 Grand Boulevard

   discussed

   The Land Development Review Board considered four variances for an in-ground pool at 7431 Grand Boulevard: locating the pool in the front yard, reducing the rear/river setback from 40 to 20 feet, a 9-foot variance for a waterfall accessory structure, and a 6-foot variance for the pool safety fence encroachment. Staff and DRC recommended approval with the condition of a child safety fence and no screen enclosure. Neighbors spoke both in favor and in opposition, with opponents raising flooding concerns (which staff noted would be addressed at building permit stage under FEMA review).

   Ord. VAR2017-1566

   • direction:Staff/DRC recommended approval of all four variances with the condition that a child safety fence be used and no screen pool enclosure be allowed. (none)

   📍5550 Manatee Point Drive📍7342 Grand Boulevard📍7424 Grand Boulevard📍7431 Grand Boulevard📍7432 Grand Boulevard👤Brian D. Perry👤Erica👤James Matajewski👤John Hastings👤Linda Rice👤Lisa Fierce👤Ms. Ferreira#40-foot river/rear setback#Big Bend neighborhood#FEMA flood zone regulations#Flood zone AE-13 (813)#VAR2017-1566

   ▶ Jump to 1:14 in the video

   ▸Show transcriptHide transcript

   Auto-transcript · machine-generated, may contain errors

   [00:01:14] The case today is for variance application VAR 2017-1566, 7431 Grand Boulevard. The applicant is Brian D. Perry, and we can have staff give us information, please. [00:01:34] Okay. So first, look at the property, 7431 Grand. North is at the top of the map there. You can see the property highlighted yellow. It's on the east side of the river in the north part of the city. [00:01:54] The property is approximately .39 acres. It's located on the west side of Grand Boulevard. This was originally platted as two lots, but it was joined under a unity of title, and so now it's one parcel. [00:02:14] The house is just over 1,500 square feet. It was built in 1948, and it's located in the north portion of the lot. Here's another view of the property. It shows the front circular driveway. This is a view of the southern portion of the lot. [00:02:41] Here is a view of the site plan. Again, north is at the top. There is a three-foot decorative fence along the east side property line, and that is shown there with the brown dots. The house is in light orange, and it is on the northwest side of the lot. [00:03:06] The property has two docks. One is currently being replaced. There is a concrete pad from a previous structure at the south end of the lot. The applicant would like to install an in-ground pool on the property, and that's where it would be located, so that you could sit in the pool and look over the dock and look over at the river. [00:03:36] Here is a diagram of the pool. It's going to be including the surrounding pavers. It would be 40.5 feet by 26.25. There's going to be a rock waterfall installed at one end of the pool, and you can see it in brown on the diagram. [00:04:06] Here is a rendering of the pool, and this would be if you were standing in the yard looking west toward the river. [00:04:14] There are four variances associated with this request. The first variance is for a pool to be located in the front yard. The front yard is established by where the house is located. Everything in front of the house is in the front yard. [00:04:39] You can see here quite a big portion of the lot would be front yard, and there isn't sufficient space to build in the back behind the house. [00:04:53] The front yard is different than the front setback. There is a 25-foot front setback from the property line along Grand Boulevard, and you can see that the pool here would not encroach into that front setback. [00:05:13] Lots on the river are required to have a 40-foot rear setback, so the second requested variance is to reduce the rear setback from 40 feet to 20 feet. The house was built a long time ago in the setback area. [00:05:39] The third variance is going to be a 9-foot variance to reduce the setback along the river from 40 to 31 feet for an accessory structure, and that's going to be a waterfall at the edge of the pool. This is an example of a similar pool that had a rock waterfall. [00:06:06] The fourth requested variance for this case is a 6-foot variance to reduce the allowable encroachment of the pool enclosure fence from 30 to 24 feet. A 4-foot high safety fence will surround the pool, and it will be translucent similar to the one in this photo. [00:06:37] This shows if we apply the front yard setback and the rear setback, the only place the pool could really be located is in the tiny little white area there in the middle. It's not enough space for a pool to be built. [00:06:58] Also, pools are a usual and customary accessory used within the city. There have been several variances granted for pools within the 40-foot river setback. The Development Review Committee has reviewed all four of the variances. Also, several of the neighbors have submitted letters of support. [00:07:25] This represents the minimum variance that would be needed to construct a pool on this property. The DRC recommended approval of the request with the condition that a fence be used to secure the pool and that no screen pool enclosure will be allowed. [00:07:46] That is it. [00:07:49] Thank you. Any questions of staff? [00:07:52] I have one. Erica, so that's child safety fence, that's the required fence that you're... [00:07:58] Right, it's the child safety fence that would be a 4-foot fence, and only a 3-foot fence would be allowed in that area. So that's the fourth variance request. [00:08:11] Would another type of fence be allowed, a wrought iron fence, further away, or is it just... [00:08:15] Yeah, if it would be 4 feet... [00:08:21] See, I didn't know whether the child safety fence was to keep kids out or whether it was a requirement by the city. [00:08:26] It's a requirement by the state to make sure you keep other people out. And this is the type that the applicant had requested, and we were fine with it because you could see through it. [00:08:38] Any other questions of staff? Anybody have questions? Anybody here to speak in favor of the proposal in the variance? [00:08:51] We're in favor of it. [00:08:56] And that's our neighbor behind us, and he was just here to support us. [00:09:02] Yeah, I'm here to support the people. [00:09:05] Okay. Is there... If you want to give a statement, now is your time to give a statement. [00:09:11] Okay. Please state your name and address when you come to the podium. [00:09:18] James Matajewski. Hi, Doc. 5550 Manatee Point Drive. These are good neighbors. They keep a clean yard, got flowers all the time, decorate their place best at Christmas. [00:09:34] I think a pool would bring a little bit of beauty to the area. I don't see no harm. I think they went through hell to get this, but I'm all in favor of them having a pool. [00:09:45] Let them enjoy themselves. That's what we're here for in this fine city. [00:09:50] Thank you. [00:09:52] Anybody else to speak in favor? [00:09:56] Anybody in opposition? [00:10:03] Please state your name and address. [00:10:05] Yeah, my name is John Hastings. My address is 7424 Grand Boulevard. I'm directly in front of the property. [00:10:12] Plus, I have the adjacent property to the south that we share the same border. [00:10:17] There's several issues with this proposal. For one, that's not been addressed in the presentation, which is a great presentation, is the elevation of the land. [00:10:32] That's the most critical point that I have a problem with in that this land is, as you all know, a lot of our city, this especially, is in a flood zone. [00:10:45] If you were to build something there, you would have to. It's an 813 zone. You would have to come up accordingly. [00:10:54] The reason for that is so it wouldn't flood the structures. [00:10:58] The other thing that's probably more critical for the city's benefit is Grand Boulevard is one of our main boulevards, roads for not only the public, but also emergency to deal with. [00:11:17] As it stands right now, from the northwest corner of my property, which there is a drain up to Manatee Point and even on the harder rains up to Broadway, that road floods, regardless of what the rain is. [00:11:33] The more rain, the more it stays there and the longer it stays there. [00:11:37] The only drain that actually effectively drains it to an extent is the one on my property. [00:11:44] There are actually two others, one at the south end of my property, which never sees water unless we get so many inches within a short period of time and it comes behind my next door neighbor's wall and then it will go in there. [00:11:57] Other than that, that drain never sees water. [00:12:00] To the north end, on the other side of my next door neighbor's driveway at 7432, which is also across from this property, that always floods there with minimal rains. [00:12:12] Hard rains, it floods and stays flooded. [00:12:16] Then the other factor that happens is the river. [00:12:21] That's a directly 90-degree bend right there, which forces a lot of water twice a day on high tides. [00:12:28] A high tide will take the water right to the top and even potentially over a more than high tide, which we get probably, I would say, about 10 a year, easily, that are over the three-foot, which is a high tide for that area, by the way. [00:12:45] I've been there for 18 years. [00:12:47] I bought the home in March of 2000, so I see it every day. [00:12:51] It's right in my face every day. [00:12:53] That particular property, when it was bought, I looked to buy that before I bought mine. [00:12:59] It actually sold at auction in December of 99, the 7431 property here. [00:13:06] It was an as-is. [00:13:08] Here's what it was with no guarantee. [00:13:12] That owner that bought that did a lot of work until the city caught up with them in a stop order. [00:13:18] I walked through that house, and you could see the ground. [00:13:21] There was a lot of structure that wasn't even there. [00:13:25] You could just see right to the ground. [00:13:27] They pulled it off. [00:13:28] From what I understand, they got called out on the electrical. [00:13:33] I don't know that specific, but I remember the red sticker and a stop order. [00:13:37] What they did in the whole process, not these folks that own it now, but the two owners back prior, [00:13:44] they had built the seawall up two blocks, two courses of block, and brought fill in. [00:13:49] What you have there is a retention pond. [00:13:51] Any day that it rains, especially a good rain, go by there and look, [00:13:56] and you'll see that property actually holds water. [00:13:58] They've actually had a tree fall down because it couldn't support it. [00:14:03] It's a small retention pond as far as the depth. [00:14:07] The only way this is so untypical from a typical scenario where you go to put a pool would be [00:14:14] in an area that already has dirt, and you dig the hole, and you build a pool into it. [00:14:18] There's no digging to put a pool in. [00:14:21] They have to build the land up probably at least four feet. [00:14:24] What will happen is the water that now comes into there is going to go somewhere else, [00:14:30] where the somewhere else is going to be Grand Boulevard onto my property, [00:14:35] which is adjacent to theirs, and then the neighbors right across the street at 7432. [00:14:40] They've been there for 39 years. [00:14:44] They've owned it. [00:14:45] In March, some of our worst storms, you always hear the names of storms, [00:14:50] whether it be Irene or whatever the names are, but the names only come out of wind. [00:14:57] The no-name storms that were [00:15:00] we get in this area are the worst. [00:15:02] They're the ones that bring the water in, and in the whole scenario, the water's what [00:15:07] hurts us more than the wind. [00:15:08] We don't get that many wind events that in New Port Richey do much damage, but we get [00:15:14] a lot of water, okay? [00:15:17] And with this property, if you just take what, and the owner here, by the way, is a contractor. [00:15:26] The idea that they don't know, I already went through that with the court magistrate back [00:15:29] in January, that they didn't know what the rules, you need permits, which they did a [00:15:34] lot of unpermitted items in their property since they've bought it, or he bought it. [00:15:41] But this here is actually the footprint, I don't know if I passed it, or something. [00:15:48] You'd have to give it to staff and attorney, and they would have to enter it, you... [00:15:55] That's the footprint that the city charter calls for, and that applies to every property, [00:16:01] and he's aware of that. [00:16:04] You have a footprint, you take your property, you have your setbacks, okay? [00:16:08] If setbacks were the only issue, that's been dealt with a lot through the years, even recently. [00:16:15] On the other side of the river, there was a recent one, and the land is so much higher, [00:16:19] so they had a typical scenario where you just dig in and you put a pool in. [00:16:23] But in this scenario, with the way the river comes from the west and then turns due south [00:16:28] at a 90 degree point there, twice a day, every day, that water rushes in at high tide. [00:16:34] And when it's at a three foot high or above, it's over top the seawall, filling that property. [00:16:44] And here's a little, I'll submit this, from his spokesperson, his girlfriend, Ms. Ferreira. [00:16:56] That's a text that I received from her when they had an event where the entire yard was [00:17:03] covered, including the front up to Grand Boulevard. [00:17:07] And that text is directly from her. [00:17:09] I printed it from my phone, it was hard to get a good copy, but I think when you read [00:17:13] it, you'll see. [00:17:14] Their intention is to fill this property. [00:17:17] It will flood, without question, which is going to be a great liability to the city. [00:17:22] But you know what the end goal is? [00:17:24] To get a new house. [00:17:26] And right there is the words right from her. [00:17:30] And that's what will happen. [00:17:31] It will not only flood Grand Boulevard, it will flood their house, which as you can see [00:17:39] there, she wants a new house. [00:17:41] It will flood the neighbor across the street at 7432, which they came within an inch of [00:17:48] their front door in March 13th of 93. [00:17:51] I don't know how long y'all have been around here, but that was what was referred to as [00:17:56] a no-name storm. [00:17:57] There was no event, had no name or anything like that, but the flooding that it did around [00:18:01] this area was tremendous. [00:18:07] And with my property. [00:18:10] For me, it's a major liability for the city to take and fill, and the city actually has [00:18:16] obligations. [00:18:17] I'm sure the city, certainly the development department. [00:18:21] If you can just kind of surmise what your objection is to flooding, and is that the [00:18:27] primary objection that you have, or is there anything else? [00:18:30] That's the primary objection, yes sir. [00:18:34] And also, from this standpoint, I want to take it a step further. [00:18:40] An average pool is 14 by 28. [00:18:42] This pool is nearly three times that size. [00:18:45] That's about 30,000 gallons of water. [00:18:47] That'll fill my house three times from floor to ceiling. [00:18:50] Just my house. [00:18:52] Much less what it'll do to Grand Boulevard, what it'll do to their house, and obviously [00:18:57] they don't care that it'll get them a new house if they're insured properly. [00:19:01] But the city needs to be on notice that this is what will happen, and the city should be [00:19:08] accountable, because the city has their regulations, and I just printed out this right off the [00:19:16] FEMA site, of the city's obligation to, the guidelines to protect the surrounding properties [00:19:24] may be included, to not let impervious things go. [00:19:31] And you don't have to go that far. [00:19:33] You can look at, whether you look at Houston, which is in the middle of the state because [00:19:38] they overbuilt it. [00:19:39] New Orleans is built underwater. [00:19:41] If you started out and said, let's just start a city here, you wouldn't do it. [00:19:44] You wouldn't build a city underwater. [00:19:46] And this city is unique in its level of elevation in spots. [00:19:54] This goes tremendously down. [00:19:55] My house is probably five feet higher than theirs, minimally four. [00:20:03] It's going to take a lot to come up, but it will flood my property, it will change my [00:20:07] flood maps in the future, it will cost me more in flood insurance if it doesn't get [00:20:13] to my house itself. [00:20:16] That's my main concern. [00:20:17] I have a question. [00:20:21] Where did you get your information as far as the pool having to be elevated? [00:20:26] It's, where did I get it? [00:20:29] Yeah, where did you get that information? [00:20:30] Well, from the variance application would be one, just the sheer fact of the depth of [00:20:36] the pool. [00:20:37] You can't dig down, you'll be in water. [00:20:39] Okay? [00:20:40] You can't go down two feet in some areas and you'll still be in water, but they do, they [00:20:45] pump it out and they get pools in there. [00:20:46] Very familiar with that. [00:20:47] Very familiar. [00:20:49] My looking at this, and I might be slightly incorrect, but it seems like Grand Boulevard [00:20:55] is at a higher elevation than the property itself, so I don't see where the flooding [00:20:59] is going from the property on to Grand. [00:21:03] Well, just come there when it rains. [00:21:06] Okay? [00:21:07] I've been 18 years there. [00:21:09] I see it every day. [00:21:10] If you don't want to see it, just, I mean, if you want to see it, look when it rains. [00:21:15] Come by there when it rains, okay? [00:21:18] Or come by it when it's high tide, or come by both, okay? [00:21:22] And as you see in her own words there, where the water stood all the way into the front, [00:21:30] it does it. [00:21:32] You know? [00:21:33] That's what it does there. [00:21:34] So your fear is that the pool will flood over and onto you? [00:21:37] I know it will. [00:21:39] You know it will? [00:21:40] Yeah. [00:21:41] Yeah. [00:21:42] Yeah, and not just the pool. [00:21:43] The land, because the land now that is able to take water on and sit there and absorb [00:21:48] down to the, through the ground, will be taken over with a concrete housing full of water, [00:21:55] which won't be able to take in water, so that water that's going to get pushed in from the [00:21:59] river isn't just going to get held back by the gulf. [00:22:02] That water's going to go onto the adjacent properties and Grand Boulevard. [00:22:07] That's what water does. [00:22:08] It gets displaced. [00:22:09] If it's held up someplace, it goes to the adjoining property. [00:22:13] I have a question for Lisa. [00:22:17] Was a drainage plan done for this? [00:22:22] It was not, and I would tell you that we didn't look at any fill issues or any FEMA regulations [00:22:29] during the course of the review of this application. [00:22:33] I would tell you that it appears that it will meet and already does meet the impervious [00:22:39] surface ratio requirements of 70%, and I would also tell you that we will be looking at all [00:22:44] of the FEMA requirements at the time of building permit, which may or may not hold them up. [00:22:51] If they have to try to fill and our FEMA regulations say you can't, that may negate the actual [00:22:56] construction of the pool. [00:22:57] For today, they're asking if the location is appropriate and if there's a hardship for [00:23:01] it. [00:23:03] We have on staff a floodplain manager and our city engineer who would both be looking [00:23:07] at the building permit application at the time that would be submitted. [00:23:11] Thank you. [00:23:13] This property, so you know, 11 years ago, there was a second of variance request denied [00:23:21] to this property. [00:23:23] Not under them, because they've only been there about seven years, and Lisa was on board [00:23:28] at the time, Ms. Fierce. [00:23:32] That was not in regards to a pool. [00:23:34] That's what we're talking about today. [00:23:36] Right, it's regarding setbacks. [00:23:37] Okay. [00:23:38] Yeah, regarding setbacks. [00:23:39] Thank you. [00:23:40] And this can't be done without setbacks. [00:23:42] As you notice, I used a green line to show where that, because numbers are numbers. [00:23:47] Sometimes it can be, you know, kind of lost some, you know, digest it better, but when [00:23:51] you, you know, a picture's worth a thousand words, I think to most people, when you see [00:23:55] what is the legally buildable property, that's why I did that diagram on the survey. [00:24:02] I have a little bit of unique experience. [00:24:05] I've owned 36 properties here in the local area, 28 of which were in the flood zone, [00:24:12] the bulk of them between New Port Richey and Hudson Beach area. [00:24:17] As a realtor, I've sold hundreds of properties. [00:24:20] Those 36, I've owned myself personally, like I say, predominantly in the flood zone. [00:24:25] I've done a lot of research. [00:24:27] I've owned them. [00:24:28] I've lived them. [00:24:29] I've breathed them. [00:24:30] I know waterfront, and I know flood zones, you know, and what it does to insurance, you [00:24:35] know, and also the responsibility of the city in order to protect not only an individual [00:24:42] owner because they want a pool, but protect the public, the main thoroughfare that our [00:24:48] police, our fire, and so forth would need to travel. [00:24:52] And when it's underwater, I think everybody's seen enough whether they've witnessed it themselves [00:24:57] or you're watching on TV, the problems with that. [00:25:01] Thank you. [00:25:02] We're not addressing that today, but thank you. [00:25:03] Okay. [00:25:04] Thank you. [00:25:08] Anybody else to speak in opposition? [00:25:12] State your name and address, please. [00:25:13] Hi. [00:25:14] My name is Linda Rice. [00:25:16] I live at 7342 Grand Boulevard. [00:25:20] I own 70 feet on the river, not far south of the property. [00:25:27] I'm here to tell you that Grand Boulevard does flood. [00:25:31] I see it on every full moon. [00:25:34] I see it on harvest moon. [00:25:36] I see it on blue moon. [00:25:39] I'm from Hudson. [00:25:41] I moved here five years ago. [00:25:43] I was so surprised on harvest moon that the water came right up to Grand Boulevard. [00:25:48] We're not talking about flooding issues right now. [00:25:50] We're talking about set issues, setbacks. [00:25:52] No. [00:25:53] What I'd like to tell you is that I wanted to put a gazebo in, and my husband tried to [00:25:59] build the seawall up, and I was told we couldn't even put the seawall up. [00:26:04] I have a 10-foot seawall across from me, and on high tide, my 3 1⁄2-foot seawall, [00:26:13] all the water comes onto our land. [00:26:16] My concern is if a large pool that I wish you could have, because I think you should [00:26:22] have a pool too, but a large pool like that of that large size, I'm afraid if you dig [00:26:29] a hole, and I know you'd have to build it up, because I had to build up just to put [00:26:33] a garage in. [00:26:34] They made me build up a large way just to put a garage in. [00:26:39] I'm afraid if they had to build in like that and put a pool in, all that water would be [00:26:44] displaced and I'd be flooded even more. [00:26:47] And the water already comes up to Grand Boulevard on days. [00:26:51] And I do feel that this would flood my property more. [00:26:55] And I'm here because my husband had to work, and he felt it was important that I came and [00:27:01] also voiced that we're afraid our 70 feet on the river would also be flooded more if [00:27:10] a large pool was put in at Big Bend, they call it the Big Bend neighborhood, if the [00:27:16] Big Bend area had a large pool put in the ground there. [00:27:21] And I am very sorry, because I do think in Florida people should be able to have a pool. [00:27:26] But I'm afraid that that piece of land may be the wrong place to have one. [00:27:31] That's all I wanted to say. [00:27:32] Thank you. [00:27:35] Anybody else to speak in opposition? [00:27:42] Would you like to have a rebuttal? [00:27:44] I think that you didn't speak to start with in favor. [00:27:52] Please come forward and state your name. [00:27:56] Just for the record, the two pieces of paper, one was just a city plat, which you've seen. [00:28:01] And the other one is a text, which you're welcome to get a copy of before you leave. [00:28:08] And I just want to state for the record, I love my home. [00:28:11] Absolutely love it. [00:28:12] You know, I realize we're in a flood zone. [00:28:14] I realize it could happen. [00:28:15] I've seen it come close through hurricanes. [00:28:18] Hasn't happened to us, and it hasn't happened since 92. [00:28:20] So I don't know why we're talking about flood. [00:28:22] Can you tell us your name and your address? [00:28:24] Christine Farina. [00:28:26] 7431 Grand Boulevard. [00:28:28] So you know, stuff happens. [00:28:30] So you know, if I say it, I have to be positive because I have seen it come very close. [00:28:35] But in our yard, yes, it'll hold water in extreme high tides or during a tropical storm. [00:28:40] But that's the only time. [00:28:42] The pool is 30 by 19, not exorbitantly large. [00:28:47] You know, this is supposed to be a huge pool. [00:28:49] It isn't. [00:28:50] It's normal size. [00:28:51] We have plans to build it up two feet in the front. [00:28:55] But then as the retaining wall goes around, it goes into grade. [00:29:00] It doesn't, it's not just a big, huge built-up thing. [00:29:03] Two feet maximum. [00:29:04] So it's not, you know, going to really affect view. [00:29:07] He sits, like he said, five, six feet higher than us. [00:29:11] So he looks right over everything. [00:29:13] So excuse me, I'm kind of nervous. [00:29:16] I just don't get the whole flooding thing. [00:29:18] And plus, the pool is going to be back to where it does, where the water mainly is. [00:29:23] All that area is still there. [00:29:24] But you know, I can't understand it. [00:29:27] My yard isn't going to save the world, you know? [00:29:30] So that's all I want to say. [00:29:32] Thank you. [00:29:33] You're welcome. [00:29:34] Does the board have any questions, any discussion? [00:29:42] Well, I just, you know, I live on a river as well, too. [00:29:47] I'd be more concerned if I had a pool and the water would be going into it. [00:29:51] It's, yeah, it's not going to affect, from my standpoint, having a pool in the ground, [00:29:55] it's not going to make a difference, you know, spitting in the ocean as far as making the [00:29:59] water come up. [00:30:00] higher, but I guess my only issue is the fencing you have around it. I don't know [00:30:04] if that's, if you have a better alternative or option for that or, I know [00:30:07] we're just addressing the easement, but just throwing that out to you. [00:30:11] I know, I'm just throwing that out there. [00:30:14] Oh, okay, alright, because the yard is fenced already. Completely fenced. [00:30:18] Right, I understand. I'm just, yeah, it has no, I just was throwing that out there as [00:30:22] something that I would consider different. [00:30:25] Yeah, we don't really, I mean if it came down to fencing and we wanted or needed to do something else, [00:30:29] we definitely consider it. [00:30:31] You can do it through the process, right, I get it, it's just a comment. [00:30:33] Alright, alright. [00:30:35] Sorry. [00:30:37] We'll address you if we have any questions. [00:30:39] Thank you. [00:30:40] The only comment I would like to make is just as we move into the building permit process, [00:30:46] which we can't really address at this time. [00:30:48] Right. [00:30:49] I would be very concerned if the pool could not be put in the ground appropriately, [00:30:57] as we are discussing today, with perhaps a two-foot wall on the backside of it. [00:31:04] That certainly is acceptable, I would think, in those kind of situations. [00:31:09] However, if we get into engineering issues and they have to build this pool up, [00:31:14] then I would have more of a problem with granting these variances, [00:31:19] because I think minimally we need to have something that is not obstructing views, [00:31:24] that is not obstructing issues, that is not holding water, et cetera, et cetera. [00:31:29] So I think as long as it meets the 70% drainage issues that we talked about, [00:31:36] it seems reasonable from a standpoint of the variances. [00:31:43] Particularly, though, because of the issues associated with the size of the lot [00:31:50] and how the lot is set up with the house, because those are the issues that we try to deal with. [00:31:56] We still want to maintain our 40 feet from the river when possible, [00:32:02] but in this particular case it doesn't seem reasonable or possible. [00:32:07] And so I just want to stipulate that as we go forward to make a recommendation. [00:32:16] Would you like to make a recommendation motion? [00:32:19] Okay, I will move for approval based on staff's recommendations [00:32:25] with the issues that have already been discussed. [00:32:28] Do you want to impose the same conditions that staff recommended? [00:32:31] Yes, the same conditions that staff recommended, please. [00:32:36] Not at this time. [00:32:39] We've got a motion on the floor. You probably want us to motion in a second. [00:32:44] Could we have a roll call vote, please? [00:32:48] Mr. Smallwood? [00:32:50] Yes, to the motion. [00:32:52] Dr. Cato? [00:32:53] Yes, to the motion. [00:32:56] Ms. Barnett? [00:32:57] Yes, to the motion. [00:32:58] Ms. Moran? [00:32:59] Yes, to the motion. [00:33:01] Ms. McDonald? [00:33:02] Yes, to the motion. [00:33:04] Mr. Perrillo? [00:33:05] Yes, to the motion. [00:33:06] Mr. Masellos? [00:33:07] Yes, to the motion. [00:33:10] Thank you. [00:33:16] So this will go forward and the building department will be looking at it from that point then. [00:33:25] Thank you. [00:33:26] These handouts, if you would like them back? [00:33:28] Yes. [00:33:33] We may need to hold those. [00:33:35] Do you want to make those part of the record, sir? [00:33:37] Those need to be part of the record since you presented them. [00:33:39] You can get a copy back of them, but they need to be. [00:33:43] And the young lady asked for a copy of the one. [00:33:46] We'll give them back to the owner and we'll give them to the applicant. [00:33:49] Okay. [00:33:50] Okay, this is everything? [00:33:51] Okay. [00:33:52] Is that everything? [00:33:53] Yep, thank you. [00:33:54] Okay. [00:33:56] The next item on our agenda is the election of officers, chairperson, and vice chairperson for the upcoming year.

   This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

5. 2

   Election of Officers: Chairperson and Vice Chairperson

   approved

   The Land Development Regulatory Board voted to retain the existing Chairperson and Vice Chairperson by acclamation.

   • motion:Motion to keep the chairperson and vice chairperson the same. (passed)

   ▶ Jump to 34:10 in the video

   ▸Show transcriptHide transcript

   Auto-transcript · machine-generated, may contain errors

   [00:34:10] What's your pleasure? [00:34:12] What's your pleasure? [00:34:13] Do we have any nominations? [00:34:23] I say stay where you are. [00:34:24] That's my nomination. [00:34:26] I have a nomination to keep chairperson and vice chairs the same. [00:34:31] Is that what you're saying? [00:34:32] Yes, that's fine. [00:34:33] Do we have a second to that? [00:34:34] Yes, I'll second that. [00:34:36] All in favor? [00:34:38] Aye. [00:34:39] Aye. [00:34:40] Any opposed? [00:34:41] Thank you. [00:34:42] You're stuck. [00:34:43] Okay. [00:34:44] The next part on our agenda is discussion of ex parte communication, and I think our attorney is going to lead us in that.

   This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

6. 3

   ↳You arrived here from a search for “April 18th volunteer appreciation dinner” — transcript expanded below

   Discussion on Ex Parte Communication

   discussed

   The City Attorney provided guidance on ex parte communications, advising board members to avoid such communications in quasi-judicial matters and to disclose any that occur. Discussion also covered the optional Sunshine Law training video and an upcoming volunteer appreciation dinner.

   🏢Florida League🏢Spartan Manor👤Lisa#April 18th volunteer appreciation dinner#April 19th next meeting#Ex Parte Communications#Sunshine Law#Volunteer Appreciation Dinner

   ▶ Jump to 34:50 in the video

   ▸Show transcriptHide transcript

   Auto-transcript · machine-generated, may contain errors

   [00:34:55] Okay. [00:34:57] As you know, you are subject to disclosure of any ex parte communications that you may have with regard to any particular item that comes before you, [00:35:08] if it's, in fact, a quasi-judicial matter. [00:35:10] And we want to make sure that if those things are coming up, that you are disclosing those, number one. [00:35:19] And number two, I think more importantly, that you're avoiding those types of communications wherever possible. [00:35:24] So a lot of times what can happen is someone that knows they have a request coming before you [00:35:30] or a neighbor knows that a request is coming before you may want to reach out to you and have a discussion with you. [00:35:36] I strongly encourage you to avoid those discussions. [00:35:41] Invite those folks to come to the hearing for several reasons. [00:35:45] Number one, if you think about it, if you're acting as a judge in those cases, [00:35:50] would you like it if you found out that you were in court [00:35:52] and someone had already been talking to the judge on your case before the hearing started? [00:35:57] That's number one. [00:35:58] And number two, those people might feel that by telling you their concerns or their issues, that that's all they need to do, [00:36:05] and then we don't have that information in the record of the proceeding, which makes it more difficult for us. [00:36:11] In fact, it makes it impossible for us to rely on that information to defend your decision. [00:36:16] And so you want to try to avoid those communications. [00:36:20] The state did allow, several years ago, with an amendment of the statute, [00:36:24] for those types of communications to occur with disclosure. [00:36:28] But there's still a presumption that there was some unfairness in those cases because of those types of communications. [00:36:34] So I don't think it's – I've never been a fan of have the communication and disclose it, [00:36:40] and that absolves you of any issues. [00:36:43] So my advice is always to avoid them and not have them. [00:36:47] And from what I've seen so far from your meetings, [00:36:50] it doesn't look like any of you are engaging in that sort of conduct, so it doesn't look like it's a problem. [00:36:55] So that's good, and hopefully you can continue to do that as well. [00:37:00] Was there anything else that you want to meet to discuss? [00:37:03] Okay. [00:37:04] I think we all had – I assume we all had a letter from the city in regards to the Sunshine Law. [00:37:11] My understanding from that letter is that we do not have to attend that course if we're on this board, [00:37:17] but it could be recommended to do so. [00:37:20] Yes, it's actually a pretty good exercise. [00:37:24] If you – there's a video that's – I think it's on the Florida League's website, [00:37:31] and I believe that that link is available, and certainly it can be made available to you if you're interested. [00:37:37] It's a pretty instructive video. [00:37:39] It's long. [00:37:40] It's about four hours, but, you know, you can take it in pieces. [00:37:43] But it's a great instructive video on both the Sunshine Law and the ethics laws of which you are subject. [00:37:51] So it's not a bad exercise, even though it's not mandatory as stated from appointed boards. [00:37:57] It's not a bad exercise to know about that sort of thing and sort of keep your intent up. [00:38:02] Some of those things are not as readily noticeable as you might think, [00:38:09] like gifts and things like that and when you're being improperly influenced and that sort of thing. [00:38:14] But not mandatory, but I certainly would recommend it. [00:38:17] It's a good primer for you. [00:38:20] I can include that information in your next packet so you know exactly which website to go to to find that information. [00:38:30] Anything else, Lisa? [00:38:31] Thank you again for attending today. [00:38:33] It's nice to see all of you here today. [00:38:35] We haven't had such a big group in a while. [00:38:37] Our next meeting is going to be on April 19th. [00:38:41] I also want to tell you that you will be getting invitations probably from the city clerk's office soon, [00:38:48] inviting you to the volunteer appreciation dinner where we invite all the boards and committees to come out [00:38:53] and have a nice meal and bring your best girl or guy or whoever you choose as your plus one, [00:39:00] and I believe that is going to be held at the Spartan Manor at 6 p.m. [00:39:03] So look forward to that invitation. [00:39:05] Say the date? [00:39:06] April 18th. [00:39:07] It's a Wednesday. [00:39:08] It will be immediately preceding our next board meeting.

   This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.

7. 4

   Adjourn

   Meeting adjourned.

   ▶ Jump to 39:13 in the video

   ▸Show transcriptHide transcript

   Auto-transcript · machine-generated, may contain errors

   [00:39:13] Okay. [00:39:14] Thank you.

   This text was generated automatically from the meeting video. It is not a verbatim or official record. For exact wording, consult the video or the city clerk.