Sep 20, 2023 Board of Adjustment

[1. CALL TO ORDER / ROLL CALL / DETERMINATION OF QUORUM]

[00:00:56]

SO, WE HAVE TWO ALTERNATES. WE DON'T HAVE TO SEE IT THIS WEEK.

SO, WE ARE GOING TO GO WITH ALL FIVE VOTING MEMBERS VOTING THIS WEEK.

THIS MONTH, THERE HAVE BEEN ANY EX PARTE COMMUNICATION BETWEEN ANY OF THE GROUP.

THIS PROJECT. WELL, I CALLED TAMMY TODAY TO TALK ABOUT SPECIAL PRIVILEGE CRITERIA.

GENERALLY, I DON'T KNOW IF THAT QUALIFIES.

WE DIDN'T TALK ABOUT THIS.

ANYBODY ELSE. I HAD ONE PHONE CALL.

THEY ASKED ME WHAT MY THOUGHTS WERE ON THE CASE, AND I TRUTHFULLY SAID I HAVEN'T LOOKED AT IT YET.

SO THAT WAS THE BASIS OF THE DISCUSSION.

ALL RIGHT. SO NEXT, WE USUALLY HAVE THE CITY ATTORNEY, TAMI BACH, PRESENT THE QUASI-JUDICIAL PROCEDURES FOR EVERYBODY.

YES. AND TAMI BACH, THE CITY ATTORNEY FOR THE CITY OF FERNANDINA BEACH.

WE HAVE ONE CASE ON OUR AGENDA TONIGHT.

AND AS YOU KNOW, WE CONDUCT THE HEARING AS A QUASI-JUDICIAL HEARING.

AND WHAT THAT MEANS IS FIRST, TAYLOR HARTMANN ON CITY STAFF, SHE'S A PLANNER ON CITY STAFF, IS GOING TO MAKE A PRESENTATION AND INTRODUCE EVIDENCE AND TESTIMONY INTO THE RECORD.

I BELIEVE THAT SHE HAS ALREADY PROVIDED YOU WITH A STAFF REPORT AND THERE IS AN APPLICATION.

THOSE ITEMS THAT WERE ATTACHED TO THE AGENDA THAT ARE PUBLISHED ON THE WEBSITE THAT YOU HAVE WITH YOU ARE PART OF THE RECORD.

AND THEN ANYTHING ELSE TONIGHT THAT IS SAID PHOTOGRAPHS, MAPS AND THINGS LIKE THAT, THEY CAN BE ADDED TO THE RECORD AT THE MEETING, BUT THE RECORD IS ESTABLISHED HERE AT THE MEETING.

NOTHING FROM OUTSIDE OF THE MEETING, EITHER BEFORE OR AFTER CAN BE CONSIDERED BY THIS BOARD TONIGHT.

YOU'RE BASING YOUR DECISION TONIGHT ON COMPETENT, SUBSTANTIAL EVIDENCE, WHICH MEANS THAT IT IS RELEVANT.

AND JUST TO REMIND YOU THAT EXPERT WITNESSES, WHICH INCLUDE PROFESSIONALS SUCH AS OUR PLANNERS, ENGINEERS, ATTORNEYS, ETCETERA, THAT TESTIMONY THAT YOU RECEIVED BASED ON THEIR EXPERTISE IS WEIGHED MORE OR HEAVIER, IF YOU WILL, THAN JUST LAYPERSON, TESTIMONY AND OPINION.

LIKE, I DON'T LIKE IT.

THE YOU KNOW, THIS ISN'T GOOD FOR OUR CITY.

I DON'T LIKE THE STYLE IF THERE'S ANY ARCHITECTURAL STUFF PRESENTED TO YOU.

SO THOSE ARE OPINIONS THAT YOU WEIGH DIFFERENTLY THAN EXPERT TESTIMONY.

SO, AFTER CITY STAFF MAKES A PRESENTATION AND INTRODUCES EVIDENCE INTO THE RECORD, THEN THE APPLICANT AND OR THEIR AGENT WILL COME TO THE PODIUM.

PLEASE STATE YOUR NAME AND ADDRESS AND YOU WILL BE PRESENTING EVIDENCE AND TESTIMONY ON THE RECORD.

IF THERE ARE AFFECTED PARTIES HERE TONIGHT, WHICH MEANS THAT YOU ARE A RESIDENT OF THE CITY, PLEASE IDENTIFY YOURSELF AS AN AFFECTED PARTY.

GIVE YOUR NAME AND ADDRESS HERE AT THE PODIUM AND YOU ARE NOT LIMITED BY THE AMOUNT OF TIME THAT YOU GET TO SPEAK.

AND YOU ARE ALSO PRESENTING EVIDENCE AND TESTIMONY IN THE RECORD.

THE PARTIES INCLUDE THE CITY AND THE APPLICANT, AND THE AFFECTED PARTIES ARE ALSO PARTIES TO SOME EXTENT WITH REGARD TO CALLING WITNESSES. SO, THE CITY, THE APPLICANT AFFECTED PARTIES CAN CALL WITNESSES AND CAN ALSO CROSS-EXAMINE OR QUESTION THE OTHER'S WITNESSES.

AND THEN, FOR EXAMPLE, AN AFFECTED PARTY, A RESIDENT OF THE CITY CAN ASK STAFF QUESTIONS AND CAN ASK THE APPLICANT QUESTIONS.

AND AGAIN, ALL OF THAT IS ON THE RECORD.

THE RECORD WE KEEP TONIGHT IS BOTH AUDIO AND VIDEO RECORDING.

AND IF THERE IS AN APPEAL THAT ANYBODY WOULD LIKE TO FILE BASED UPON THE BOARD'S DECISION TONIGHT ON THE VARIANCE REQUEST, THAT APPEAL GETS FILED WITH THE CIRCUIT COURT WITHIN 30 DAYS OF THE WRITTEN FINDINGS OF FACT GETTING SIGNED.

THE CHAIR USUALLY SIGNS THOSE WRITTEN FINDINGS OF FACT WITHIN A FEW BUSINESS DAYS OF THE MEETING.

[00:05:03]

AFTER THAT, THERE IS NO ABILITY TO APPEAL.

DID I MISS ANYTHING? ARE THERE ANY.

EVERYBODY THAT SPEAKS IS GOING TO TAKE AN OATH.

THE CHAIR IS GOING TO ASK THE RECORDING SECRETARY TO GIVE THE OATH.

IF YOU'RE GOING TO SPEAK, PLEASE MAKE SURE TO STAND.

IF YOU DECIDE THAT AFTER THE AND YOU DON'T TAKE AN OATH AND YOU DECIDE TO SPEAK, JUST RAISE YOUR HAND AND WE'LL GO AHEAD AND GIVE YOU THE OATH BEFORE YOU SPEAK.

THAT'S ALL. THANK YOU, TIM.

THANK YOU. ALL RIGHT.

ANYONE WHO WISHES TO SPEAK.

SECRETARY SELBY IS GOING TO GO AHEAD AND ISSUE THE OATH TO YOU.

YOU CAN, AS WE JUST SAID, YOU GUYS CAN DO IT AT THIS POINT, OR YOU CAN DO IT IN THE FUTURE WHEN YOU HAVE A TIME TO TALK.

ANYBODY WISH TO SPEAK? PLEASE STAND. YES.

JUST STAND UP. JUST TAKE THE OUTSIDE NOW.

SORRY. ALL RIGHT.

RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE ORAL AND OR WRITTEN TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. THANK YOU.

ALL RIGHT. SO OLD BOARD BUSINESS WE HAVE IS THE APPROVAL OF THE PREVIOUS MINUTES.

AND I DON'T THINK YOUR MICROPHONE IS WORKING.

I'LL TRY TO TALK LOUDER.

IT'S EASIER TO HIDE BEHIND THIS THING, SO I APOLOGIZE.

OLD BUSINESS. WE'RE GOING TO APPROVE THE OLD THE PREVIOUS MINUTES FROM LAST MEETING.

[3. APPROVAL OF MEETING MINUTES]

ALL RIGHT. YEAH, WELL, FIRST OF ALL, I THOUGHT YOU DID A GOOD JOB PUTTING IN THE ANSWERS TO QUESTIONS THAT I COMPLAINED BEFORE.

WE HAVE MINUTES AND THAT THE QUESTIONS WOULD SHOW UP IN THE MINUTES, BUT THE ANSWERS DIDN'T.

BUT NOW THEY'RE IN THERE, SO THANK YOU.

BUT THE OTHER PROBLEM.

WELL, THE PROBLEM I HAVE IS THAT YOU MISSPELL MY NAME THROUGHOUT THE MINUTES, BUT YOU GOT IT RIGHT IN THE NUMBER ONE.

BUT THERE'S SEVEN OTHER TIMES YOU PUT A Z INSTEAD OF A TZ.

BUT OTHER THAN THAT, THEY'RE GOOD.

I'M OUTRAGED. I HAVE ONE TO ADD.

IT'S 3.2.

YOU MADE A MOTION MADE BY THE VICE CHAIR AND USUALLY YOU PUT OUR LAST NAME BY THERE.

DIDN'T HAVE IT IN THAT PARTICULAR ONE.

OKAY. ALL VERY MINOR STUFF.

MIGHT AS WELL CATCH IT UP. ANYBODY ELSE HAVE ANY NOTES? ALL RIGHT. CAN I GET A MOTION? I'LL MAKE A MOTION TO APPROVE THE MINUTES.

SECOND. ALL RIGHT.

SO, WE CAN CALL VOTE.

. THANK YOU.

ALL RIGHT. AT THIS POINT, WE USUALLY TURN THIS OVER TO THE CITY STAFF AND LET THEM PRESENT THE CASE.

[5.1 BOA 2023-0022 - NASSAU HABITAT FOR HUMANITY, AGENT FOR JASMINE SCRAVER, 1014 S. 10TH STREET]

BEFORE I GET INTO MY STAFF REPORT, I WOULD LIKE TO, FOR THE RECORD, MAKE A NOTE OF ONE CORRECTION IN THE AGENDA PACKET ON PAGE ONE OF THE STAFF REPORT.

UNDERNEATH THE AGENT, OWNER AND PROPERTY ADDRESS INFORMATION WHERE IT SAYS ALL REQUIRED APPLICATION MATERIALS HAVE BEEN RECEIVED.

THE SECOND SENTENCE SAYS ALL FEES HAVE BEEN PAID.

HOWEVER, FOR THIS PARTICULAR CASE, THE CITY MANAGER OR THE APPLICANT REQUESTED A FEE WAIVER AND THE CITY MANAGER APPROVED THAT REQUEST.

SO, I JUST WANT TO NOTE THAT FOR THE RECORD THAT IT HAS BEEN WAIVED.

THAT WAS ACTUALLY IN THE PACKET AS WELL.

YES. SO, THE DOCUMENTS WERE THERE.

THE WORDS JUST WEREN'T LINING UP.

SO, I WANTED TO CALL THAT OUT.

OKAY. GOOD EVENING.

WE HAVE ONE VARIANCE REQUEST TONIGHT AND IT IS CASE 2023-0022.

MR. BARNESMORE OF NASSAU HABITAT FOR HUMANITY IS ACTING AS AGENT FOR JASMINE SCRIBER, WHO IS THE PROPERTY OWNER.

AGAIN, FOR THE RECORD, ALL REQUIRED APPLICATION MATERIALS HAVE BEEN RECEIVED, ALL FEES HAVE BEEN WAIVED AND ALL REQUIRED NOTICES HAVE BEEN MADE.

THE SUBJECT PROPERTY IS HOME TO A SINGLE-FAMILY RESIDENCE, ORIGINALLY CONSTRUCTED IN 1960.

ALTHOUGH THE PARCEL MEASURES 100FT BY 100FT, IT IS COMPRISED OF 425 BY 100-FOOT LOTS IDENTIFIED ON THE 1857 PLAT OF FERNANDINA BEACH.

THE APPLICANT TONIGHT IS REQUESTING A VARIANCE FROM LDC SECTION 1.030.05 TO RESTORE THOSE FOUR UNDERLYING LOTS OF RECORD IDENTIFIED.

WE'LL SEE LATER AS LOTS SEVEN, EIGHT, NINE AND TEN.

THE SECTION OF THE LDC 10305 STATES THAT THE DEMOLITION OR REMOVAL OF ANY RESIDENCE OR STRUCTURE, WHETHER

[00:10:03]

A CHANGE FROM THOSE FOREGOING PROVISIONS FOR THE PURPOSE OF ESTABLISHING A BUILDING SITE OR SEPARATION OF THOSE BUILDING SITES REQUIRES SUPERMAJORITY APPROVAL BY THE BOARD OF ADJUSTMENT.

THE APPLICANT HAS INDICATED THAT THEY INTEND TO CONSTRUCT WORKFORCE HOUSING, WHICH IS IN KEEPING WITH THE LDC AND COMPREHENSIVE PLANS GOALS TO MEET THE DEMAND FOR VARIOUS HOUSING TYPES.

IF THE VARIANCE IS GRANTED, THE EFFECT WOULD BE THE SEPARATION OF THE CURRENT 100 BY 100-FOOT PARCEL INTO THOSE FOUR PLATTED.

LOTS OF RECORD CAPABLE OF SUPPORTING ONE SINGLE FAMILY DWELLING EACH.

THE RESULTING 25 FOOT BY ONE BY 100-FOOT LOTS WOULD HAVE R-2 ZONING DISTRICT SETBACKS.

HERE IS A SURVEY OF THE CURRENT PROPERTY AS IT EXISTS.

YOU'LL NOTICE THE RESIDENCE WHERE IT SAYS RESIDENCE IN 1014.

THE DARK BLACK OUTLINE IS THE HOUSE ITSELF.

AND THEN YOU'LL SEE LOTS SEVEN, EIGHT, NINE AND TEN.

AND THE HOUSE DOES OCCUPY SOME PORTION OF ALL FOUR LOTS EFFECTIVELY COMBINING THEM BASED ON OUR CURRENT CODE.

THEN THIS IS JUST A ROUGH VISUAL OF WHAT THE PROPOSED RESTORATION WOULD DO.

THE BLUE LINES WOULD INDICATE THE NEW PROPERTY LINES WITH THE DIVISION OF THOSE FOUR UNDERLYING LOTS OF RECORD.

AND THEN HERE, THIS IS JUST A GLIMPSE OF THE SURROUNDING AREA PARCELS.

THE IMMEDIATE SURROUNDING AREA IS ALL R2 ZONED AND THERE IS A MIX OF VARIOUS SIZED PARCELS.

YOU'LL SEE 1001 AND 1007 SOUTH 10TH ARE 25,100.

THERE ARE OTHER 100 BY 100 AS WELL AS 50 BY 100-FOOT LOTS IN THE IMMEDIATE AREA.

AND. OKAY.

WITH REGARD TO THE SIX CRITERIA FOR GRANTING A VARIANCE.

STAFF NOTES THE FOLLOWING SPECIAL CONDITIONS DO EXIST AS THEY RELATE TO THE LAND.

THE SUBJECT PARCEL IS NOT A STANDARD 100 BY 100-FOOT LOT FOUND IN OTHER PARTS OF THE CITY.

IT IS INSTEAD MADE UP OF 425 BY 100-FOOT LOTS.

ORIGINALLY ESTABLISHED IN 1857.

GRADING THE VARIANCE DOES NOT CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE THAT IS DENIED BY THE LAND DEVELOPMENT CODE.

ANY SIMILARLY SITUATED PROPERTY OWNER WITHIN THE ZONING DISTRICT DOES HAVE THE RIGHT TO REQUEST RELIEF FROM THIS SAME SECTION OF CODE.

AND THE LITERAL INTERPRETATION OF THE LAND DEVELOPMENT CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES WITHIN THE ZONING DISTRICT AND PREVENT THE DEVELOPMENT OF HOUSING THAT IS INTENDED FOR THE WORKFORCE.

THE REQUESTED VARIANCE IS THE MINIMUM VARIANCE NEEDED TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND BY RESTORING THOSE ORIGINAL 25 BY 100-FOOT LOTS OF RECORD AND THIS IS THE ONLY VARIANCE NEEDED TO DO THAT.

GRANTING THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE LAND DEVELOPMENT CODE AS WELL AS THE COMPREHENSIVE PLAN.

BOTH OF THOSE DOCUMENTS RECOGNIZE THE ORIGINAL 1857 PLAT OF THE CITY.

IN ADDITION, THE PROPOSED PLAN SUPPORTS COMPREHENSIVE PLAN POLICY 1.060.04 RELATING TO VARIOUS HOUSING TYPES AND OBJECTIVES 3.01 AND 3.03 RELATING TO BOTH HOUSING SUPPLY AND DEMAND, AS WELL AS AFFORDABLE HOUSING AND WITH CRITERIA NUMBER SIX GRANTING THE VARIANCE IS COMPATIBLE WITH THE SURROUNDING PROPERTIES WILL NOT CAUSE INJURY TO THE AREA INVOLVED OR OTHERWISE BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE AND ENVIRONMENT.

CITY FACILITIES AND INFRASTRUCTURE ARE ABLE TO MEET THE DEMAND OF THE INTENDED FOR RESIDENTIAL LOTS.

THERE ARE NO IDENTIFY ENVIRONMENTALLY SENSITIVE LANDS AND THE PROPOSED RESTORATION WOULD PROVIDE A SUPPLY OF A MUCH-NEEDED HOUSING TYPE.

STAFF FINDS THAT THE REQUESTED ACTION AS PRESENTED DOES MEET ALL SIX CRITERIA FOR GRANTING A VARIANCE AND AS SUCH MUST RECOMMEND APPROVAL.

[00:15:05]

ALL RIGHT. WHETHER WE GRANT THIS VARIANCE OR NOT, CAN WORKFORCE OR AFFORDABLE HOUSING BE PUT ON THAT PARCEL? YES. WHEN? I'M SORRY. WHAT DO YOU MEAN? CAN IT BE? WELL, IF WE DON'T DIVIDE IT UP INTO FOUR LOTS, CAN WE STILL HAVE SOME SORT OF AFFORDABLE HOUSING ON THERE? IF THE PROPERTY PRICE IS RIGHT? IT WOULD BE ONE PROPERTY.

IT WOULD BE ONE HOUSE VERSUS THE FOUR UNDERLYING LOTS.

OKAY. AND YOU CAN ALSO PUT A GROUP HOME ON THAT PROPERTY FOR R-2.

I HAVE NOT DONE A DENSITY CALCULATION FOR A GROUP HOME, BUT IT IS PERMISSIBLE WITHIN THAT ZONING DISTRICT.

YES. ALL RIGHT.

SO IF WE DIVIDE IT, IF THE HABITAT FOR HUMANITY DOESN'T BUY THE PROPERTY AND YOU HAVE FOUR SEPARATE LOTS, COULD WE HAVE FOUR SEPARATE GROUP HOMES? YOU CANNOT HAVE FOUR SEPARATE LOTS WITHOUT THIS BOARD GRANTING THE VARIANCE TO RESTORE THOSE FOUR LOTS.

CORRECT. BUT IF WE DID AND HABITAT FOR HUMANITY DID NOT BUY THE PROPERTY, COULD SOMEONE PUT FOUR GROUP HOMES ON THE PARCEL? YOU WOULD ONLY BE ALLOWED ONE SINGLE FAMILY RESIDENTIAL.

YOU WOULD NOT BE ALLOWED ANY OTHER USE THAN THAT BECAUSE IT IS CONSIDERED A SUBSTANDARD LOT WITH.

SO, IT WOULD BE ONE SINGLE FAMILY HOME.

SO, WHAT IS THE REQUIREMENT FOR A GROUP HOME? THE ADDITIONAL, I CAN PULL UP THE SPECIFICS WITHIN OUR CODE AS FAR AS WHAT THOSE REQUIRE. IF YOU'LL GIVE ME JUST A MINUTE TO DO SO.

THAT'S GREAT. THE DISCUSSION BEFORE.

WHERE ARE YOU GOING WITH THIS? I'M ASKING QUESTIONS.

SHE ASKED. OKAY.

OKAY. SO I JUST WANT TO MAKE SURE I ASK.

WHILE SHE'S LOOKING FOR THE GROUP HOME.

WE HAVE TWO DESIGNATIONS OR TWO DEFINITIONS IN OUR CODE FOR GROUP HOME.

IT'S UNRELATED INDIVIDUALS LIVING TOGETHER.

THERE'S A LOT THAT THE SHORT ANSWER TO YOUR QUESTION IS THAT A GROUP HOME IS POSSIBLE ANYWHERE IN ANY RESIDENTIAL DISTRICT.

THERE ARE SPECIAL LICENSING.

A MANAGER HAS TO BE ON SITE.

IT'S LIKE AN ASSISTED LIVING FACILITY.

SO THEN WE HAVE ANOTHER DEFINITION CALLED GROUP RESIDENTIAL, WHICH IS MORE LIKE A BOARDING HOUSE, AND THAT IS ONLY LIMITED BY THE NUMBER OF PEOPLE THAT LIVE IN A STRUCTURE.

SO IF YOU HAVE IF YOU GRANT THE VARIANCE TONIGHT AND THAT THAT VARIANCE BENEFITS THE PROPERTY AND WE CALL THAT IN REM, IT'S LATIN TERM, MEANING IT FOLLOWS THE PROPERTY.

SO WHOEVER OWNS THE PROPERTY NOW HAS THE ABILITY TO DEMOLISH THIS STRUCTURE AND HAVE FOUR INDIVIDUAL LOTS THAT CAN BE BUILT ON A GROUP HOME OR A GROUP RESIDENTIAL.

THE REGULATIONS IN OUR CODE HAVE TO DO WITH HOW MANY UNRELATED FOLKS CAN LIVE THERE, WHETHER THEY HAVE TO HAVE A SPECIAL LICENSE TO OPERATE THE HOME.

AND IF IT'S A BOARDING HOUSE SITUATION, IT'S REALLY BASICALLY THE RULES ARE THEY FOLLOW THE HUD RULES, WHICH ARE TWO HEARTBEATS PER BEDROOM.

SO, IF YOU BUILD A ONE BEDROOM, YOU COULD HAVE TWO PERSONS LIVING THERE AND IT COULD BE A GROUP HOME OR A GROUP RESIDENTIAL HOME IF IT FOLLOWS ALL THE OTHER RULES.

BUT I THINK I'M JUST ASSUMING NOW THAT YOU'RE LOOKING AT WHAT ARE THE POSSIBILITIES OF HABITAT DOESN'T BUILD HOMES THERE.

IT MEANS THAT THERE'S FOUR LOTS THAT YOU CAN GET RESIDENTIAL STRUCTURES ON HOW YOU USE THOSE.

THE IT'S KIND OF COMPLICATED, WHETHER IT'S A GROUP HOME GROUP, RESIDENTIAL OR JUST A FAMILY.

JUST AN INDIVIDUAL REVIEW.

EXACTLY. YEAH.

I'M NOT SURE EXACTLY IT'S FUTURE USE.

IT'S NOT IT'S NOTHING WE CAN.

RIGHT? CORRECT.

I JUST PUT THAT AS A NOT NOT TRYING TO PUT IT TO BED BUT AND THEN LIKE SHE SAID, TWO HEARTBEATS PER ROOM SO YOU COULD PUT THREE BEDROOMS IN 25FT.

IT'D BE REALLY, REALLY TIGHT.

BUT THAT'S SIX PEOPLE.

BUT GROUP HOMES ARE 4 TO 15.

SO YOU YOU REALLY COULDN'T PUT 15 PEOPLE IN EACH ONE OF THOSE SLOTS AND THEN PARK THEM, BE ABLE TO LIVE THERE, BE ABLE TO MOVE THEM AROUND.

[00:20:02]

COULD YOU DO IT WITH? THERE MUST BE SEPARATED IF IT WENT TO 50 FOOT LOTS.

PARDON ME. WOULD THE VARIANCE BE SEPARATED IF IT WENT TO 250 FOOT LOTS? YOU WOULD STILL NEED THAT TO ESTABLISH NEW BUILDING SITES IN ANY CONFIGURATION, SO THEY'D HAVE TO COME BACK AGAIN.

AND JUST TO FURTHER EXPAND, REMEMBER ROSS GROUP HOMES WITHIN OUR CODE? DO YOU HAVE SUPPLEMENTAL STANDARDS EVEN THOUGH IT IS A PERMISSIBLE USE? THERE ARE ADDITIONAL STANDARDS THAT WOULD NEED TO BE FOLLOWED AND THEN GROUP RESIDENTIAL IS NOT ALLOWED WITHIN THE R-2 ZONING DISTRICT.

OKAY. ANY OTHER QUESTIONS? YEAH, I HAVE A QUESTION. I'M A LITTLE CONFUSED HERE.

IS THIS GROUP HOUSING OR IS THIS SPECIFICALLY WORKFORCE HOUSING? YOU'RE ASKING ME? NO, I CAN'T ANSWER THAT.

IS THIS EMPLOYEE HOUSING? LET HIM LET HIM PRESENT THE CASE FIRST, AND THEN WE CAN ADDRESS THAT SPECIFICALLY.

DON'T. DON'T ADDRESS HIM YET.

YOU'RE JUST ADDRESSING THE? OKAY. I DO HAVE ONE MORE QUESTION FOR TAYLOR.

DOES THE CITY HAVE GUIDELINES FOR AFFORDABLE HOUSING OR WORKFORCE HOUSING? AS FAR AS DESIGN CRITERIA OR THINGS OF THAT NATURE OR INCOME LIMITS OR ANY TYPE OF INCOME LIMITS BASED ON WORKFORCE HOUSING AND AFFORDABLE HOUSING, THOSE ARE ESTABLISHED BY AND TAMMY CAN CORRECT ME IF I'M WRONG, BUT I BELIEVE IT'S BY HUD.

IT'S THE STATE.

THE STATE OF FLORIDA HAS A STATUTE THAT DEFINES.

OKAY. SO THE CITY ITSELF IS FOCUSED ON ZONING DISTRICTS AND THE SETBACKS AS WELL AS BUILDING PLACEMENT, THINGS OF THAT NATURE.

BUT YES, AFFORDABLE HOUSING IS DEFINED UNDER STATE LAW.

THERE ARE DIFFERENT INCOME LEVELS STARTING AT EXTREMELY LOW UP TO MODERATE INCOME.

MODERATE INCOME IS THE HIGHEST LEVEL UNDER AFFORDABLE HOUSING.

AND IT MEANS THAT THE FAMILY THAT COULD BE ONE PERSON OR A FAMILY HAS AN INCOME THAT IS 100 UP TO 110% OF THE MEDIAN INCOME.

THE MEDIAN INCOME IN THIS AREA NOW IS, I BELIEVE, ABOUT $92,000 PER YEAR.

SO WE DO NOT DIFFERENTIATE UNDER OUR CODE AND SAY, FOR EXAMPLE, FOR EXTREMELY LOW, WE ALLOW THIS FOR LOW INCOME, THIS FOR MODERATE, IT'S ALL UNDER AFFORDABLE.

SO IN THAT WHOLE SCALE OF EXTREMELY LOW TO MODERATE, ALL OF THOSE WOULD FIT UNDER AFFORDABLE HOUSING.

OKAY. WHEN YOU TALK ABOUT WORKFORCE HOUSING, I CAME FROM ASPEN, COLORADO. WE HAVE AN ASPEN EMPLOYEE HOUSING THE EMPLOYEE HOUSING CRITERIA IS CONTROLLED BY THE CITY OF ASPEN FOR THE REASON THAT IF THERE WERE NO EMPLOYEE HOUSING, THERE WOULD BE NO WORKERS IN ASPEN BECAUSE THEY COULD NOT AFFORD TO LIVE THERE.

THEY COULDN'T AFFORD TO LIVE IN RIFLE, WHICH IS 50, 60 MILES AWAY.

SO THERE'S A DEFINITION HERE.

I WANT TO KNOW, IS THIS EMPLOYEE HOUSING AND EMPLOYEE HOUSING HAS TO BE CONTROLLED BY THE CITY.

THERE ARE CERTAIN REGULATIONS ON HOW WHERE YOU WORK IN THE CITY, HOW LONG YOU WORK IN THE CITY, AND DO YOU QUALIFY FOR EMPLOYEE HOUSING.

RIGHT. AND REMEMBER, PAGNUCCO, I JUST LIKE TO CLARIFY THAT THE APPLICANT IS NASSAU HABITAT FOR HUMANITY.

IT'S A NONPROFIT ORGANIZATION, SO IT'S NOT SOMETHING THAT WOULD HAVE THAT THE CITY WOULD HAVE ANY OVERSIGHT ON OR SET ANY REGULATIONS FOR AS FAR AS INCOME, THE NONPROFIT THEMSELVES.

AND I'LL LET THE APPLICANT SPEAK TO THAT AND WE'LL LET THEM SPEAK TO THE AREA.

OKAY? OKAY. YEAH.

I HAVE A QUESTION FOR GETTING BACK TO TAYLOR.

THE SPECIAL PRIVILEGE THAT'S BEING TALKED ABOUT IN CRITERIA TWO, IS THAT THE THE VARIANCE ITSELF OR THE RIGHT TO APPLY FOR THE VARIANCE BECAUSE IT LOOKS LIKE IT'S A LITTLE BLURRED TO ME THE WAY IN MY ANALYSIS.

I TOOK THIS AS FAR AS OUR OTHER PROPERTIES ABLE TO APPLY.

[00:25:03]

IF THAT PERSON ALSO WANTED TO DO THE SAME THING AND RESTORE THOSE UNDERLYING LOTS, THEY HAVE THE SAME RIGHT AS THIS APPLICANT TO APPLY FOR THIS, PRESENT THEIR CASE, PRESENT THEIR TESTIMONY.

SO, I UNDERSTAND YOUR THINKING, BUT IS THE SPECIAL PRIVILEGE CRITERIA, DOES IT RELATE TO GETTING THE VARIANCE BECAUSE EVERYONE HAS A RIGHT TO REQUEST A VARIANCE? RIGHT. AND THAT'S WHY AS STAFF, I DON'T CONSIDER IT A SPECIAL PRIVILEGE TO THE APPLICANT ITSELF BECAUSE IT IS SOMETHING THAT'S AVAILABLE ACROSS THE BOARD TO ANY OTHER PERSON IN A SIMILAR SITUATION.

SO THEN THE SPECIAL PRIVILEGE CRITERIA RELATES TO THE ABILITY TO REQUEST THIS VARIANCE? YES, THAT'S THAT'S WHAT WE'RE SAYING.

YES, THAT IS MY ANALYSIS.

SO ACCORDING TO I WENT THROUGH AND PULLED UP SOME COURT CASES AND IT SAYS THERE'S NO IN ORDER FOR THEM TO HAVE A HARDSHIP, THEY HAVE TO HAVE SOME SORT OF A REQUISITE HARDSHIP THAT MAY NOT BE FOUND UNLESS THERE IS A SHOWING THAT UNDER THE PRESENT ZONING, MOST USABLE USES OF THE PROPERTY CAN'T BE MADE.

AND IT'S I GUESS LOOKING AT THESE COURT CASES, IT'S REALLY HARD TO SAY THAT THERE'S A HARDSHIP BECAUSE THE PROPERTY CAN BE USED FOR OTHER THINGS THAT EVERYONE ELSE USES IT FOR.

LET ME ASK YOU A QUESTION.

YES. YOU BROUGHT UP PREVIOUS CASES OF THE BOA.

NO, THIS IS THE STATE OF FLORIDA.

OKAY. THANK YOU.

AND WHERE WHERE YOUR HARDSHIP CRITERIA THAT YOU'RE MENTIONING.

THIS IS ACTUALLY A VERY GOOD PIECE.

NO, BUT IN TERMS OF THE CRITERIA THAT WE NEED TO FOLLOW, THERE ARE TWO CASES, ACTUALLY.

THERE'S THOMPSON VERSUS PLANNING COMMISSION FOUR SIX.

YEAH. WHY WOULD WHY DOES THAT APPLY TO THE BOA? WELL, YOU'RE THE BOARD OF ADJUSTMENT, RIGHT? FORMER CASES, WHETHER THERE ARE BOA CASES OR OTHER CASES, HAVE NO RELEVANCE.

CORRECT. BUT THE STATE.

NO, THERE'S NO STATE LAW SAYS WE MUST HAVE A HARDSHIP.

THEY MUST HAVE A HARDSHIP THAT THERE HAS TO BE A HARDSHIP.

YES. OKAY.

WHY DON'T WE LET THE APPLICANT AND WE CAN SEE IF WE HAVE SOME ADDITIONAL QUESTIONS.

SO LET'S GO AHEAD. SOUNDS GOOD.

CAN WE GO AHEAD AND HAVE THE APPLICANT PRESENT, PLEASE? GREAT. ALL RIGHT.

MY NAME IS BARNES MOORE.

I AM LIVE AT 1749 LISA AVENUE IN FERNANDINA BEACH.

FIRST, I WANT TO THANK YOU, EVERYBODY, FOR TAKING THE TIME TO LISTEN TO OUR CASE AND HOPEFULLY I CAN ANSWER THE QUESTIONS THAT HAVE BEEN COME UP ON FROM THE FROM THE BOARD HERE. BUT FIRST, LET ME JUST GIVE YOU A LITTLE HISTORY OF HABITAT FOR HUMANITY IN NASSAU COUNTY.

WE WERE INCORPORATED IN 1992.

WE BUILT OUR FIRST COMPLETED OUR FIRST HOUSE IN 1993.

AND WE HAVE COMPLETED 51 HOMES SINCE THEN.

50 OF THOSE HOMES ARE IN FERNANDINA BEACH.

ONE IS ON CALLAHAN.

WE'RE ABOUT TO COMPLETE OUR 52ND AND 53RD HOMES ON ELM STREET AND ACTUALLY VERNON STREET.

AND IN 2021, OUR BOARD GOT TOGETHER AND DECIDED THAT WE NEEDED TO DO MORE TO ADDRESS THE AFFORDABLE HOUSING NEED IN NASSAU COUNTY.

SO WE DECIDED TO SET A GOAL TO BUILD SIX NEW HOMES A YEAR BY 2026.

AND WE'RE ON A GOOD PATH TO DO THAT.

AND I JUST WANT TO MAKE SURE YOU UNDERSTAND, BECAUSE AFFORDABLE HOUSING, HABITAT FOR HUMANITY INTERNATIONAL, DEFINES AFFORDABLE HOUSING AS FAMILIES FALLING BETWEEN 30% AND 80%. AMI SO WE DON'T EVEN REACH THE UPPER LIMIT OF THE STATE LEVEL.

SO WE ARE TALKING ABOUT AFFORDABLE HOUSING.

AND TO YOUR QUESTION ABOUT EMPLOYEE HOUSING, I CAN'T GUARANTEE THERE'S EMPLOYEE HOUSING, BUT IT IS INTENDED FOR WORKFORCE HOUSING.

AND OUR VIEW IS THAT OUR DEMOGRAPHIC THAT WE'RE LOOKING FOR IS FIRST RESPONDERS, TEACHERS, HOSPITALITY WORKERS, DENTAL HYGIENISTS, NURSES AND WHO WORK ON THE ISLAND. THAT'S WHO WE HOPE TO SERVE.

AND THE CRITERIA THAT WE APPLY IS PEOPLE THAT APPLY FOR OUR HOME HAVE TO LIVE OR WORK IN THE COUNTY FOR AT LEAST A YEAR.

SO THEY ARE CURRENT RESIDENTS OR PEOPLE WHO WORK HERE.

OTHER CRITERIA THEY HAVE TO APPLY FOR A MORTGAGE.

[00:30:02]

WE DO THOROUGH BACKGROUND CHECKS, CREDIT CHECKS.

WE EXAMINE THE DEBT TO INCOME RATIOS.

AND WHEN WE SET THE MORTGAGE, WE DETERMINE WHAT THEY CAN AFFORD TO PAY.

AND THEIR MORTGAGE PAYMENT, WHICH INCLUDES ESCROW AND THAT COVERS TAXES.

INSURANCE AND PEST CONTROL, CAN'T EXCEED 30%, AND THEIR TOTAL DEBT TO INCOME RATIO CAN'T EXCEED 43%, WHICH IS FAIRLY COMMON WHEN YOU'RE APPLYING FOR A HOME.

THE OTHER THING IS FAMILIES ALSO MUST CONTRIBUTE 300 HOURS OF SWEAT EQUITY TOWARDS BUILDING THEIR HOME, HELPING OTHERS BUILD THEIR HOME AND OR DOING OTHER THINGS.

WE WE RUN EVENTS THAT THEY CAN HELP SUPPORT THE EVENT OR THEY CAN DO OFFICE WORK, THINGS OF THAT NATURE.

SO THERE IS A REQUIREMENT THAT THEY IT'S NOT JUST WE'RE NOT JUST HANDING OUT A HOME.

THEY HAVE TO COME IN AND CONTRIBUTE TO BUILDING THE HOME AND CONTRIBUTE TO THE COMMUNITY.

AND I THINK IT'S PRETTY EVIDENT.

I THINK EVERYBODY HERE KNOWS THAT THERE IS AN INCREASING CRITICAL NEED FOR AFFORDABLE HOUSING IN NASSAU COUNTY AND IN PARTICULAR ON THE ISLAND AND IN FERNANDINA BEACH.

AS I SAID, OUR TARGET DEMOGRAPHIC DEMOGRAPHICS, TEACHERS, FIRST RESPONDERS AND THOSE WHO WORK ON THE ISLAND CONTRIBUTE TO THE ECONOMY AND PAY TAXES. OUR PLAN FOR THE PROPERTY IS TO DEMOLISH THE CURRENT STRUCTURE, WHICH IS PRETTY GOOD.

IT'S PRETTY IT'S IN DISREPAIR AND REPLACE IT WITH FOUR STANDALONE HOUSES.

THERE WILL BE 2 OR 3 BEDROOM HOMES.

WE HAVEN'T DECIDED WHAT TYPE OF HOUSE WE'RE GOING TO DO YET, BUT THE HOUSES WE BUILD ARE NICE LOOKING.

IT'S GOING TO ENHANCE THE NEIGHBORHOOD, IT'S GOING TO IMPROVE THE LOOK OF THE NEIGHBORHOOD AND PROVIDE DECENT, AFFORDABLE HOUSING TO DESERVING FAMILIES.

IT'S ALSO WORTH NOTING THAT HOME OWNERSHIP IMPROVES THE LIVES OF THOSE THE NEW OWNERS, IMPROVES EDUCATIONAL OUTCOMES AS TO THE TAX BASE AND PROMOTES COMMUNITY STABILITY AND SAFETY.

JUST SO YOU KNOW TOO, AS IT SHOULD BE OBVIOUS THAT WE ARE A WE ARE NOT A FOR PROFIT BUILDER.

WE'RE NOT COMING IN AND TRYING TO BUILD A HIGH RISE OR CRITICAL, VERY DENSE HOUSING.

WE'RE HERE TO PROVIDE, HOPEFULLY PROVIDE FAMILY STRENGTH, STABILITY AND SELF RELIANCE TO HOME OWNERSHIP.

SO WE'RE JUST ASKING FOR YOUR HELP IN ACHIEVING THAT BY GRANTING GRANTING THE VARIANCE.

AND THIS IS JUST ANOTHER OPPORTUNITY FOR THE CITY OF FERNANDINA TO CONTINUE TO SUPPORT AFFORDABLE HOUSING.

YOU'VE ALREADY DONE IT IN THE PAST.

YOU'VE HELPED US BEFORE, SO WE'RE LOOKING FOR YOU TO HELP US AGAIN.

AND I DON'T REALLY HAVE MUCH ELSE TO SAY.

JUST THANK YOU FOR TAKING THE TIME TO LISTEN TO ME.

THANK YOU. BEFORE WE GO AND ASK HIM QUESTIONS, LET'S GO AHEAD AND LET THE PUBLIC ASK US ANYTHING THAT THEY WANT TO SPEAK TO AND THEN WE CAN ADDRESS ANY CENTRAL.

SO IS THERE ANYBODY WHO WANTS TO SPEAK ON BEHALF OF EVERYONE TO ON.

HANG ON, HANG ON. YOU NEED TO GET SWORN IN.

PLEASE. YOU NEED TO BE SWORN IN AND THEN YOU'LL COME UP TO THE PODIUM AND GO AHEAD AND STATE YOUR NAME AND ADDRESS, PLEASE.

OKAY. RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE ORAL OR WRITTEN TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? ABSOLUTELY. THANK YOU.

THIS WASN'T PLANNED. I'M SORRY.

NO PROBLEM AT ALL.

THANK YOU. DON SHAW. I LIVE AT 515 SPANISH WAY WEST.

AND I JUST WANT TO SAY THAT THE PEOPLE, MOST OF THE PEOPLE SITTING HERE ARE VOLUNTEERS FOR HABITAT.

AND THE REASON WE CAN DO AFFORDABLE HOUSING IS THAT MOST OF THE HOUSE IS BUILT BY VOLUNTEERS.

IT'S PEOPLE THAT LIVE HERE ON THE ISLAND SEE THE BENEFITS OF THIS PROGRAM AND PARTICIPATED IN WITH NO NO OTHER PAYMENT EXCEPT JUST THE GRATITUDE TO HELP SOMEBODY GET INTO AFFORDABLE HOUSING.

THAT'S ALL. THANK YOU, SIR.

YES, ABSOLUTELY. SHE WAS SWORN IN EARLIER.

HI, MY NAME IS TINA CHRISTNER.

I LIVE AT 406 BEECH STREET.

AND I HAVE TO SAY HABITAT FOR HUMANITY IS ONE OF THE ORGANIZATIONS I ADMIRE MOST IN THE WORLD.

AND THANK YOU ALL, ALL OF YOU, FOR EVERYTHING YOU DO.

AND I FIND IT SO HARD TO IMAGINE I'M COMING OUT AND I'M SPEAKING AGAINST A PROJECT THAT HABITAT FOR HUMANITY IS PROPOSING.

SO I JUST WANT TO BRING UP THAT.

IF YOU WOULD YOU MIND, PLEASE, GOING BACK A COUPLE OF SLIDES.

SURE. SO IF YOU LOOK AT THIS MAP, YOU'LL NOTICE THAT EVERYTHING YOU'RE LOOKING AT HERE, DO YOU SEE ALL THESE LOT NUMBERS RIGHT NOW? THERE'S A LOT OF SINGLE FAMILY HOMES THAT ARE ON 50 FOOT WIDE.

LOT 100 FOOT WIDE LOTS.

THAT WAS A LITTLE TOO FAR BACK.

I'M SORRY. I COULDN'T. THAT'S GOOD.

THAT'S GREAT. THAT'S GREAT.

SO IF YOU APPROVE THIS AND LET'S JUST SAY THE ODD SCENARIO WHERE THE HOMEOWNER REALIZES, WOW, I JUST GOT FOUR BUILDABLE LOTS, I

[00:35:09]

I HAVE NO IDEA WHO THE OWNER IS.

BUT YOU'VE JUST INCREASED THAT PROPERTY VALUE.

DEVELOPERS WOULD LOVE TO COME IN THERE AND BUILD FOUR TOWNHOMES, BUT ARE YOU GOING TO NOW SAY NO TO EVERYBODY ELSE WHO COMES IN AND REALIZES THEY CAN DO THE SAME THING? AND IF YOU LOOK AT ALL THESE LOT NUMBERS, EVERY ONE OF THOSE IS ELIGIBLE FOR NOW A TOWNHOME OR A SINGLE FAMILY HOME THAT HAS VERY LIMITED WIDTH BETWEEN HOUSES.

IF YOU LOOK AT OUR CITY MAP, 1857, THAT'S WHEN WE IMAGINED THIS WAS GOING TO BE THE NEW YORK CITY OF THE SOUTH.

AND I BELIEVE IT'S MOST OF THE LOTS.

CORRECT ME IF I'M WRONG, WEST OF 14TH STREET HAVE UNDERLYING LOTS OF RECORD THAT ARE 25FT.

IS THAT CORRECT? I CAN ACTUALLY PULL IT UP FOR YOU, BUT IT IS THE 1857 PLOT.

IT IS MOST DENSE BY THE RIVER.

AND THEN AS YOU WORK YOUR WAY OUT, YOU GET INTO THE LARGER PARCELS.

BUT I'M HAPPY TO PULL UP THE ORIGINAL PLAT.

BUT YOU CAN SEE ON 10TH STREET IT'S ALL 25 FOOT LOTS THERE.

NOW OUR CITY IS STARTING TO LOOK PRETTY STRANGE BECAUSE I DON'T KNOW IF ANYBODY'S DRIVEN DOWN SOUTH SEVENTH STREET.

YOU'LL SEE SINGLE FAMILY HOMES, SINGLE FAMILY HOME FOR UNITS THAT ARE 25FT WIDE THAT HAVE POPPED UP AMONGST ALL THESE SINGLE FAMILY HOMES.

AND YOU HAVE SITUATIONS WHERE PEOPLE ARE BUYING LOTS AND BUILDING HOUSES THAT ARE MILLION DOLLARS.

THEY DON'T REALIZE THAT THE HOUSE NEXT DOOR TO THEM CAN BE TORN DOWN AND REPLACED WITH A BUNCH OF 25 FOOT STRUCTURES.

SO WE ALWAYS WANT TO APPROVE THINGS FOR A GOOD CAUSE, BUT THE GOOD CAUSE CAN PUT THE FOOT IN THE DOOR FOR THE HORRID THINGS THAT COME LATER. AND WE AREN'T EVEN GUARANTEED THAT THIS IS GOING TO BE HABITAT FOR HUMANITY.

SO I'D ALSO LIKE TO REVIEW THE SLIDES THAT YOU GO THROUGH WITH THE SPECIAL CONDITIONS, IF YOU DON'T MIND.

YES. IF YOU COULD START AT THE FIRST ONE, I THINK I BELIEVE IT WAS VICE CHAIR OLIVIA BROUGHT UP ON THE SPECIAL CONDITIONS THAT THE CITY STAFF IS INTERPRETING THIS FOR THE ABILITY TO APPLY, BUT THEY AREN'T INTERPRETING IT FOR THE ABILITY TO HAVE THIS APPROVED.

OKAY. I DON'T THINK ANY SPECIAL CONDITIONS HAVE BEEN MET OTHER THAN THE POSSIBILITY THAT THIS COULD BE A HABITAT FOR HUMANITY SITE.

AND THAT COULD BE IT'S NOT A GUARANTEE.

IF YOU DON'T MIND GOING TO THE SECOND ONE, PLEASE.

THIS IS THE SPECIAL.

OKAY. I DON'T KNOW THESE AS WELL AS YOU.

I BELIEVE WHAT YOU WERE REFERENCING WAS SPECIAL PRIVILEGE ABOUT THE ABILITY TO APPLY.

OKAY. COULD YOU GO TO THE NEXT ONE NOW, PLEASE? YES, MA'AM. THANK YOU.

LITERAL INTERPRETATION.

LITERAL INTERPRETATION OF A LAND DEVELOPMENT CODE WOULD DEPRIVE THE APPLICANT OF A RIGHTS ENJOYED BY OTHER PROPERTIES.

SO THE NEXT APPLICANT THAT COMES TO YOU, IF YOU APPROVE THIS, THE NEXT PERSON WHO LIVES NEXT DOOR WITH THE 100 FOOT WIDE LOT COULD SAY, YOU'RE TREATING ME DIFFERENT THAN YOU TREATED THESE PEOPLE. THERE'S NO PRECEDENCE IN THIS.

SO WE DON'T SET A PRECEDENT BY WHAT WE APPROVE.

ONE, EVERY CASE IS UNIQUE.

OKAY? I CAN AT LEAST COUNTER THAT ONE.

OKAY. ALSO, I'LL JUST READ TO YOU THE BEGINNING OF LDC 100 AND 305 THAT WE'RE UP HERE ABOUT.

AND IT SAYS, IN ORDER TO MAINTAIN OPEN SPACE, VISUAL CORRIDORS, NEIGHBORHOOD CHARACTER, PROPERTY VALUES AND VISUAL ATTRACTIVENESS OF RESIDENTIAL AREAS, HOW DOES THIS PROJECT DO ANY OF THAT? DOES THIS PROJECT MAINTAIN OPEN SPACE? I DON'T THINK SO.

DOES IT MAINTAIN VISUAL CORRIDORS, GO DOWN SEVENTH STREET WHERE THEY'RE DOING THE SAME THING? THE VISUAL CORRIDORS ARE THIS WIDE, MAYBE THIS WIDE.

DOES IT MAINTAIN NEIGHBORHOOD CHARACTER? NO, THERE'S NONE OF THIS ON THAT STREET.

DOES IT MAINTAIN PROPERTY VALUES? YEAH, IT COULD. THE HOUSE IS IN PRETTY BAD SHAPE.

BUT I THINK IF SOMEBODY'S GOING TO BUY A LOT WITH INTENT TO BUILD A 100-FOOT-WIDE HOUSE ON A 100-FOOT-WIDE LOT OR USE THAT WHOLE LOT, IT WOULD AFFECT THEIR PROPERTY VALUES.

COULD YOU GO TO THE NEXT PLACE? UPS. GENERAL HARMONY I THINK I'VE ALREADY SPOKEN TO THAT MINIMUM AND MINIMUM VARIANCE.

IF YOU COULD GO TO THE NEXT ONE.

PUBLIC INTEREST.

SO IS THIS GRANTING THE VARIANCE, IS THIS COMPATIBLE WITH THE SURROUNDING PROPERTIES? I DON'T SEE HOW ANYBODY COULD SAY IT IS.

I'VE DRIVEN DOWN THIS BLOCK SEVERAL TIMES AND THIS PROJECT WOULD STICK OUT LIKE A SORE THUMB.

NOW, I WISH IT WAS A SITUATION WHERE THIS BOARD COULD PUT IN LIMITS ON THE DEVELOPMENT.

I LOVE WHAT HABITAT FOR HUMANITY DID ON SOUTH SEVENTH STREET WITH THOSE SINGLE STORY HOMES.

[00:40:03]

THEY BUILT THOSE.

CORRECT. THOSE ARE BEAUTIFUL.

AND I WISH YOU COULD SAY DO THAT, BUT I DON'T THINK THE BOARD IS ALLOWED TO DO THAT.

ALL YOU CAN DO IS GRANT THE VARIANCE THAT THEY'RE NOW 25 FOOT LOTS AND ANYTHING CAN BE BUILT WITHIN OUR CODE.

SO AGAIN, I HATE SEEING MYSELF IN THIS POSITION WHERE I'M SPEAKING OUT AGAINST HABITAT FOR HUMANITY, BUT I FEEL LIKE I NEED TO SPEAK UP FOR THE REST OF THE NEIGHBORHOOD AND MOST OF THE NEIGHBORHOODS WEST OF 14TH STREET WHERE THIS IS STARTING TO HAPPEN.

DEVELOPERS WANT IT TO HAPPEN AND IT'S DRASTICALLY CHANGING THE FACE OF OUR ISLAND.

IT'S GOING TO INCREASE ALL OF OUR INSURANCE RATES.

INTERESTING FACT, I WAS TALKING TO SOME REAL ESTATE AGENTS.

RIGHT NOW, 70% OF THE HOUSES PERCH PURCHASE ROUGHLY ON THIS ISLAND ARE BEING BOUGHT WITH CASH.

THE OTHER 30% WERE PEOPLE ARE GETTING MORTGAGES.

THEY USED TO BE ABLE TO CLOSE PRETTY QUICKLY.

NOW THEY'RE TAKING MONTHS TO CLOSE BECAUSE OF FINDING INSURANCE.

THE HIGHER DENSITY WE GET, THE MORE DIFFICULT IT'S GOING TO BE TO GET INSURANCE.

SO I THINK THIS IS REALLY HARMING OUR COMMUNITY.

I THINK OUR COMMUNITY IS STARTING TO LOOK ODD, AND THAT'S ALL I'LL SAY.

THANK YOU FOR LISTENING TO ME.

THANK YOU. THANK YOU. ONE.

SURE. SOMETHING TO ADD.

I THINK THE BOARD MEMBERS KNOW BECAUSE WE'VE TALKED ABOUT IT IN OUR TRAININGS AND AND DURING CASES, THE BOARD OF ADJUSTMENT CAN PUT CONDITIONS ON A VARIANCE YOU CAN'T DESIGN THE STRUCTURE FOR.

THAT'S REALLY GOES BACK TO STATE LAW FOR RESIDENTIAL PROPERTIES OTHER THAN HISTORIC DISTRICTS.

WE CAN'T PUT ARCHITECTURAL STANDARDS IN PLACE.

BUT THE CASES PRESENTED TO YOU, FROM WHAT I'VE HEARD SO FAR AND WHAT SEEMS TO BE IN THE REPORT FROM STAFF, ALMOST ALL THE CRITERIA CITE AFFORDABLE OR WORKFORCE HOUSING.

AND CERTAINLY, THE APPLICANT'S AGENT HAS COME UP TO SAY THAT THAT'S THE INTENT.

AND I KNOW THAT MS. HARTMANN DOES. I MEAN, WE ALL UNDERSTAND THE WHAT IF WHAT IF THIS CONTRACT FALLS THROUGH BETWEEN THE PROPERTY OWNER AND HABITAT AND THEN WE HAVE FOUR MARKET RATE HOUSES THERE.

I THINK THAT BASED UPON THE APPLICATION AND THE STAFF REPORT THAT YOU CAN PUT A CONDITION ON APPROVAL IF THAT'S WHAT YOU CHOOSE TO DO TONIGHT, THAT IT'S AFFORDABLE. WHAT I WOULD LIKE YOU TO DO IS TO CONSIDER THE DEFINITION OF AFFORDABLE UNDER OUR CODE GOES ALL THE WAY UP TO THAT MODERATE INCOME.

BUT MR. MOORE SAID THAT THEY HAVE THEIR OWN CRITERIA.

I THINK YOU CAN GET SPECIFIC.

I DON'T KNOW IF THE PROPERTY OWNER IS HERE.

THEY MAY WANT TO SPEAK TO THAT AND WHETHER OR NOT THAT THEY OBJECT TO THAT TYPE OF CONDITION.

WE ALWAYS WELCOME THOSE COMMENTS, BUT I THINK YOU CAN PUT EVEN AS TIGHT AS NASSAU HABITAT FOR HUMANITY CRITERIA, THE OCCUPANTS OF THESE HOMES, THE OWNERS OF THESE HOMES WILL NOT EXCEED 80% OF THE ANNUAL MEDIAN INCOME.

SO I THINK YOU CAN DO THAT.

THE I'M NOT GOING TO MAKE THE CASE FOR ANYBODY.

EVERY VARIANCE THAT'S APPROVED HAS TO BE APPROVED BASED UPON A HARDSHIP, AND THAT UNDERLIES ALL OF YOUR YOUR VARIANCE APPLICATIONS.

SO THESE CRITERIA, THEY'RE INTENDED TO TRY TO DEVELOP A CASE FOR OR AGAINST A HARDSHIP, BUT YOU CAN CONSIDER OTHER THINGS. SO ARE THERE ANY QUESTIONS ABOUT THAT? CONDITIONS? I DON'T THINK IT'S OUR PLACE TO DISCUSS CRITERIA.

HABITAT HAS A LONG, LONG HISTORY.

IT IS NOT MY OPINION AS FAR AS THE BOARD OF ADJUSTMENT.

WE DON'T STEP INTO THAT AREA.

THAT'S FINE.

LEAVE IT TO THE HABITAT FOR HUMANITY, WHO HAS A TREMENDOUS HISTORY OF SELECTING FAMILIES FOR THOSE PROPERTIES.

SO, IT'S ALL I'M DOING.

DON'T CARE FOR YOUR COMMENT.

THAT'S FINE. IT'S GIVING YOU MORE TOOLS FOR YOUR TOOLBOX, THAT'S ALL.

YOU DON'T HAVE TO USE THEM.

YES, SIR. GO AHEAD. JUST.

JUST TO CLARIFY A COUPLE OF THINGS.

JUST SO YOU KNOW, WE HAVE A CONTRACT ON THAT PROPERTY.

THE CONTRACT IS CONTINGENT UPON GETTING HIS VARIANCE, BUT WE ABSOLUTELY INTEND TO BUY THAT PROPERTY AND BUILD HOMES THERE.

SO I DON'T WANT ANYBODY THINKING THAT WE'RE NOT GOING TO DO THAT.

AND, YOU KNOW, SPEAKING OF THE DENSITY, I UNDERSTAND THE DENSITY ISSUES.

NOBODY WANTS TO SEE THE ISLAND TURNED INTO HILTON HEAD OR SOMETHING LIKE THAT.

[00:45:01]

AT THE SAME TIME, THERE IS A CRITICAL NEED FOR AFFORDABLE HOUSING.

AND THERE'S GOING TO WE HAVE TO FIND SOME BALANCE, THE RIGHT BALANCE BETWEEN DENSITY AND PROVIDING PEOPLE WHO WORK HERE, THE ABILITY TO LIVE HERE, AS OPPOSED TO HAVING TO COMMUTE 20 OR 30 OR 40 MILES BECAUSE THE COST OF GAS AND OTHER THINGS THAT MAKES THAT UNAFFORDABLE AS WELL.

SO I THINK WE'RE ADDRESSING A CRITICAL NEED.

AND THE OTHER THING, TOO, JUST ONE OTHER COMMENT.

WHEN WE STRUCTURE OUR MORTGAGES, WE STRUCTURE THEM IN A WAY THAT HOMEOWNERS CAN'T JUST TAKE AND FLIP THE HOUSE.

IT'S NOT THEY COME IN TO BUY THE HOUSE AND THEN DECIDE TO TURN AROUND AND SELL IT THE NEXT DAY.

WE HAVE DEED RESTRICTION. I CAN GO INTO FULL DETAIL IF YOU WANT TO BUT SUFFICE IT TO SAY WE HAVE FUNDAMENTALLY DEED RESTRICTIONS TO PREVENT THAT FROM HAPPENING.

SO, I WOULD LIKE AT LEAST THE OVERVIEW, IF NOT A DETAILED DESCRIPTION OF THOSE RESTRICTIONS.

OKAY. I'LL SEE IF I CAN I'LL SEE IF I CAN KEEP IT SHORT.

THE WHAT WE DO IS WE WE DETERMINE WHAT A HOMEOWNER CAN AFFORD TO PAY FOR THEIR FIRST MORTGAGE.

WE GET WE GET A MARKET APPRAISAL ON THE HOUSE.

SO LET'S JUST USE A SIMPLE NUMBER.

IF THE IF THE HOUSE APPRAISES FOR $200,000, BUT THE HOMEOWNER CAN ONLY AFFORD TO PAY $150,000 IN THE 0% INTEREST, WE SET UP A FIRST MORTGAGE BASED 150,000 AND THEN WE CREATE A SECOND MORTGAGE THAT'S A SILENT, FORGIVABLE MORTGAGE TO COVER THE DIFFERENCE BETWEEN THE 150 AND 200.

AND THEN WE TIED TO THAT SECOND MORTGAGE A SHARED APPRECIATION SCHEDULE.

SO IF THEY SELL THE HOUSE WITHIN THE FIRST FIVE YEARS, THEY HAVE TO SATISFY BOTH THE FIRST AND THE SECOND MORTGAGE AND THEY DON'T GET ANY BENEFIT OF APPRECIATE ANY APPRECIATED VALUE. STARTING IN THE SIXTH YEAR.

THEY STILL HAVE TO SATISFY THE FIRST AND THE SECOND.

BUT IF THEY WERE TO SELL, THEY GET 20% OF ANY APPRECIATED VALUE AND THE SCALE.

SO THE 11TH YEAR GOES TO 40%, 16TH YEARS, IT GOES TO 60%, IT WORKS THE PLAY OFF.

SO WE IT DOESN'T PREVENT THEM FROM SELLING, BUT IT DOES DISCOURAGE THEM FROM DOING THAT BECAUSE THEY DON'T REALLY GET ANY BENEFIT FROM DOING THAT.

AND WE CAN DO OTHER DEED RESTRICTIONS AS WELL THAT WOULD BE MORE ONEROUS.

BUT YOU KNOW, RIGHT NOW WE FOUND THAT WORKS PRETTY WELL.

AND THERE'S ANOTHER REALITY TO THE HOMEOWNERS WERE BUYING.

THESE ARE NOT SOPHISTICATED BUYERS.

THESE ARE PEOPLE THAT ARE USED TO RENTING.

THIS IS THEIR FIRST HOME.

THEY'RE LOOKING FOR A PLACE TO LIVE ON THE ISLAND BECAUSE THAT'S WHERE THEY WORK.

OTHER QUESTIONS. WAS THAT CLEAR ENOUGH OR WAS THAT.

NO, AND I DIDN'T REALLY HAVE A QUESTION SO MUCH.

IT WAS LIKE, HUH. BUT SO YOU SAID THAT THAT THE THE HOMEOWNERS HAVE TO HAVE TO SATISFY BOTH MORTGAGES, BUT THEY WOULD DO THAT FROM THE PROCEEDS OF THE SALE, WOULD THEY NOT? POTENTIALLY. RIGHT. BUT IN THE FIRST I MISSED THE THE DISINCENTIVE PART.

WELL, BECAUSE IF THEY SELL SAY TO SELL THE FIRST FIVE YEARS.

YEAH. THEY'RE GOING TO THAT SALE PRICE CAN BE HIGH BUT THEY'RE NOT GOING TO BENEFIT FROM IT BECAUSE THEY'RE NOT GOING TO GET ANY PARTIAL.

THEY'RE NOT GOING TO GET ANY APPRECIATED VALUE.

THAT APPRECIATED VALUE WILL COME TO US, NOT TO THEM.

RIGHT. OKAY. THAT'S THE PART I MISSED.

YEAH. OKAY. WELL, THANK BECAUSE I CAN EXPLAIN IT BETTER THEN.

SO ANYTHING ELSE ABOUT THAT OR JUST.

JUST GENERAL. THERE IS A FIRST RIGHT OF REFUSAL WE CAN PUT THAT INTO.

YEAH. ALL RIGHT.

SO WE ACTUALLY, THERE'S A FIRST RIGHT OF REFUSAL IN THERE AS WELL.

OKAY. WELL, WE CALL IT THE FIRST RATE REPURCHASE.

OKAY. SO THE BIG QUESTION THAT I HAD WAS YOU JUST ADDRESSED THIS.

I NOTICED IN THE PACKAGE THAT THIS HOUSE IS CURRENTLY OWNED BY SOMEBODY ELSE, AND I WAS KIND OF INTERESTED IN THE CHAIN OF OWNERSHIP BECAUSE I KNEW THAT HABITAT FOR HUMANITY WASN'T GOING TO BUILD ON PROPERTY THEY DIDN'T OWN.

SO AT WHAT POINT WHAT'S THE TRIGGER? IS THE TRIGGER THE APPROVAL OF THIS VARIANCE FOR THIS CONTRACT TO BE EXECUTED? YEAH. DO YOU WANT TO EXPLAIN IT, JEFF? HANG ON, SIR, WE HAVE A SWORN IN, PLEASE.

DO YOU SWEAR OR AFFIRM THAT THE ORAL AND OR WRITTEN TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. I KNOW YOU, JEFF.

JEFF. SIR, CAN YOU COME UP HERE, PLEASE? SORRY, JUST FOR THE RECORDING IN THE NOTES.

MY NAME IS JEFF HAYNES, 1496 FIRST AVENUE.

I'M A PREVIOUS BOARD MEMBER OF HABITAT.

FOR THE LAST SEVEN YEARS.

SO WHAT WAS THE QUESTION? THAT'S A QUESTION THEY'LL ASK.

OH, GREAT.

I'LL BE OUT HERE. THIS IS CONTINGENT ON THIS SALE.

OH, RIGHT, RIGHT. IS THAT THE? THAT'S CORRECT. SO, ONCE THE APPROVAL HAPPENS, THE CONTRACT AS IT STANDS RIGHT NOW IS EXECUTED?

[00:50:04]

HABITAT WILL MOVE FORWARD AND PURCHASE THE PURCHASE.

THE CONSTRUCTION PERIOD. HABITAT FOR HUMANITY WILL BE THE OWNER OF THAT PARCEL.

THAT'S CORRECT. AND THEN IT'LL GO OUT TO THE THE INDIVIDUAL PEOPLE OR FAMILIES THAT ARE SELECTED FOR THAT FOR OWNERSHIP.

RIGHT. OKAY. RIGHT.

AND ANOTHER QUESTION.

ALL RIGHT. IF FOR SOME REASON THE OWNER OF THE PROPERTY BACKS OUT.

DO YOU HAVE ANYTHING IN PLACE TO MAKE CERTAIN THAT THE PROPERTY OWNER GOES THROUGH WITH CONTRACT? WE CAN. I MEAN, WE COULD ENFORCE ENFORCE THE CONTRACT.

I MEAN, WE COULD WE HAVE A LEGAL RIGHT TO DO THAT BECAUSE WE DO HAVE A LEGAL CONTRACT.

GOOD. AND I WANT TO GO ON THE RECORD.

I DONATE TO YOUR CAUSE.

ALL RIGHT. SO YOU HAVE TO.

WHY? SO, YOU KNOW, BUT WE HAVE ALL INTENTIONS OF OUR HABITAT, HAS ALL INTENTIONS OF MOVING FORWARD WITH THE PURCHASE AND BUILDING THE AFFORDABLE HOUSING. ALL RIGHT.

THANK YOU. THANK YOU.

ANY OTHER MEMBERS OF THE PUBLIC WOULD LIKE TO SPEAK BEFORE I CLOSE THE PUBLIC SESSION? ANYONE GOING ONCE.

ALL RIGHT. HEARING THAT, WE'LL CLOSE THE PUBLIC SESSION.

ANY COMMENTS? WE'VE ALREADY HEARD FROM THE APPLICANT SEVERAL TIMES.

SO IS THERE ANY BOARD DISCUSSION YOU GUYS WANT TO.

YEAH, GO AHEAD.

I THINK MS. BACH BROUGHT UP A VERY GOOD POINT ABOUT THE CONDITIONS OF THE VARIANCE.

AND FOR DISCUSSION PURPOSES, I THINK IT'S REALLY IMPORTANT THAT WE DO THAT.

SO WHAT? AND I'M ACTUALLY GOING TO MOVE TO DENY YOUR APPLICATION SIMPLY BECAUSE I WANT SOMEBODY MAYBE TO COME BACK WITH SOME NEGOTIATING POINTS SO THAT WE ALL GET WHAT WE WANT WHEN WE VOTE.

I THINK IT'S REALLY IMPORTANT THAT WE MAKE SURE THAT THE VARIANCE IS CONTINGENT UPON THE PROPERTY BEING TITLED TO HABITAT FOR HUMANITY.

AND I DON'T KNOW IF WE CAN DO THAT FOR THE SOLE PURPOSE OF PROVIDING AFFORDABLE HOUSING.

I THINK YOU CAN DO IT SPECIFIC TO HABITAT FOR HUMANITY.

OKAY. CAN WE PUT IN THERE THAT IT'S CONDITIONAL ON THE USE OF SINGLE FAMILY HOMES? NO. OKAY, LET'S SEE.

THAT'S GOING TO HAPPEN ANYWAY, BECAUSE THEY'RE SO SMALL.

YEAH, BUT THEY CAN STILL ACTUALLY PUT TWO STORIES, AND IT'S A SMALL LIVING SPACE.

LET'S DO IT. OKAY, I GET THAT.

I KNOW THAT.

OKAY. ALL RIGHT.

WHAT ABOUT. I'M JUST STANDING HERE TO BE HELPFUL.

OKAY. ALL RIGHT, GOOD.

SO BECAUSE I COULDN'T EVEN SEE MRS. ROSS. ALL RIGHT, SO WE CAN.

CAN WE PUT ON THERE THAT? NO, THAT'S NOT GOING TO WORK EITHER.

THEY'RE CONDITIONS THAT YOU CAN CERTAINLY PUT IN THERE, AND IT NEEDS TO BE WORDED PROPERLY.

BUT YOU'VE MADE A MOTION AND SOMEBODY ELSE HAS TO CARRY IT IN ORDER TO BE ABLE TO GO FURTHER.

WELL, I JUST SAID I WAS GOING TO.

YEAH, THAT WAS THAT WAS JUST A PREFACE AND COMMENT.

I THOUGHT, ALL RIGHT, SORRY, I HEARD IT.

OTHERWISE, I'D LIKE TO KNOW AHEAD OF TIME COULD WE MAKE IT CONDITIONAL UPON HABITAT FOR HUMANITY SUBMITTING AN ORDINANCE THAT MAKES THEM AN AFFORDABLE HOUSING PROGRAM WITH STANDARDS SO THAT WE LATER ON WE COULD MAKE SURE THAT THEIR STANDARDS GET FOLLOWED? SO LET ME TELL YOU WHAT I'M THINKING.

THIS MIGHT HELP. OKAY.

SO TO ANSWER YOUR QUESTION, THAT'S A LITTLE TOO SPECIFIC.

WHAT I'M TRYING TO AVOID IS WHAT WE CALL IT'S A CAUSE OF ACTION CALLED IMPAIRMENT OF CONTRACT.

OKAY. THERE IS A CONTRACT HABITAT FOR HUMANITY HAS OFFERED.

THEY HAVE A CONTRACT WITH THE CURRENT PROPERTY OWNER.

SO WE CAN'T WE DON'T WANT TO IMPAIR THAT CONTRACT OR THE HOMEOWNERS ABILITY TO CONTRACT WITH SOMEBODY ELSE, ANOTHER NON PROFIT, SOMEBODY ELSE THAT'S GOING TO BUILD AFFORDABLE HOUSING.

MY RECOMMENDATION TO YOU IS YOUR INTEREST IS IN IT SOUNDS LIKE MAKING SURE THAT THIS IS OR EVEN A CONSIDERATION FOR APPROVAL TONIGHT WOULD BE BASED UPON IT.

BEING AFFORDABLE DOESN'T HAVE TO BE.

BUT IF YOU WANT TO DO THAT AND YOU WANT TO GET A LITTLE MORE SPECIFIC BECAUSE THE CRITERIA FOR THAT HABITAT ANNOUNCED WAS BETWEEN 30 AND 80% OF MEDIAN INCOME. THAT DEFINITION OF AFFORDABLE, I THINK YOU CAN GO THERE, BUT NOT SPECIFIC TO HABITAT FOR HUMANITY.

SO IF YOU DON'T WANT MODERATE INCOME FOLKS TO BE ABLE TO WITH ANOTHER OWNER OF THE PROPERTY TO BE ABLE TO LOCATE THERE, THERE ARE STILL AFFORDABLE

[00:55:06]

BUT IN TERMS OF THE TYPE OF HOUSING, WE CAN'T WE CAN'T DO ANY OF THAT.

HOUSING TYPES ARE BY RIGHT.

ALLOWED UNDER THE ZONING CATEGORY IF THEY CAN FIT AND MEET ALL OF THE STANDARDS, SETBACKS AND THINGS LIKE THAT.

THANK YOU, SIR. IF WE DO TAKE A CONDITION OF 30 TO 80% OF THE MEDIAN INCOME, WHO ENFORCES THAT? WELL, THAT'S ALWAYS THE MILLION-DOLLAR QUESTION.

SO THAT IS, THAT'S HOW THEY'RE, I JUST FIRST OF ALL, THAT'S NOT A VERY GOOD ANSWER, TAMMY.

IT'S NOT WE DON'T HAVE AN AFFORDABLE LOOK.

WE'RE GOING TO HAVE AS WE KNOW AND I'M GOING A LITTLE BIT OUTSIDE.

WE KNOW THE LIVE LOCAL ACTS COMING.

WE'VE GOT MULTIFAMILY COMING, FOUR-STOREY BUILDINGS, 200 UNITS.

THEY'RE COMING. HOW ARE WE GOING TO AFFORD THAT? 40% OF THOSE? AND I'M NOT TRYING TO BE RHETORICAL, BUT WE DON'T HAVE THE ENFORCEMENT.

IT'S IF WE CATCH THEM, THEN THEY WILL BE IN VIOLATION OF THE CODE.

BUT HOW? WE DON'T HAVE A FORCE OUT THERE THAT IS LOOKING AND CHECKING AND LOOKING AT PUBLIC RECORDS AND TO SEE WHAT KIND OF DOCUMENTS ARE THERE.

SO, THEN JUST GENERALLY SPEAKING, WHEN WE DO APPROVE A VARIANCE WITH THE CONDITIONS? HOW ARE THEY? WHAT'S THE? WHAT IS THE MECHANISM GENERALLY TO GO BACK AND MAKE SURE THAT THE THINGS THAT WE DISCUSS AS CONDITIONS ARE UPHELD? NORMALLY THAT'S DONE IN THE IN THIS CASE, THIS IS UNIQUE.

WE'VE NOT DONE THIS BEFORE.

AGAIN, THIS IT'S NEW, THIS AFFORDABLE HOUSING CRISIS IS NEWER TO OUR TOWN.

AND IN THE PAST, WE'VE USED SETBACKS AND STUFF THAT WOULD GET CAUGHT IN PLANNING, REVIEW AND BUILDING.

SO ONCE THEY SELL THE PROPERTY TO IF IT'S FOR HABITAT FOR HUMANITY, THEY GIVE THE PROPERTY AND SELL IT AND MORTGAGE IT TO SOMEBODY THAT QUALIFIES.

THERE'S NOTHING THAT THE CITY DOES.

THE CITY HAS A REVIEW OF THE PLANS.

WE HAVE A REVIEW OF THE PLANS.

ABSOLUTELY RIGHT.

ALL THAT STUFF HAPPENS.

YEAH, BUT THERE HAVE BEEN THERE HAVE BEEN CONDITIONS THAT WERE BASED ON USAGE AND PAST THINGS THAT WE DISCUSSED.

I DON'T KNOW IF THEY IF THEY ACTUALLY I DON'T REMEMBER IF THEY STAYED IN PLACE, BUT THEY GET CARRIED IN THE RECORD AS A DRAWINGS THAT GETS SUBMITTED FOR PERMIT, GOES THROUGH DRC, GOES THROUGH ANY OF THE PERMITTING REQUIREMENTS THAT FOLLOWS THE RECORD WITH THAT PARTICULAR PROPERTY.

SO IT IS AMONGST THE CITY THAT MANAGES THAT THAT INFORMATION.

BUT AS FAR AS FINANCIAL RIGHT.

THE MEANS OR METHODS THAT THE CITY HAS.

WE DON'T. I LIKE TO MOVE TO APPROVE.

BOA CASE NUMBER 2023-022.

AND I MOVE THAT THE BOARD OF ADJUSTMENT MAKE THE FOLLOWING FINDING OF FACT AND CONCLUSION OF LAW PART OF THE RECORDS. THE BOA CASE 2023-0022 AS PRESENTED IS SUBSTANTIALLY COMPLIANT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE TO WARRANT APPROVAL AT THIS TIME.

SECOND. ALL RIGHT.

WE CAN CALL THE VOTE. SYLVIE, CAN I AMEND IT? YEAH. THAT'S WITHOUT CONDITION.

YES, YOU DID MAKE IT WITHOUT CONDITIONS.

WITHOUT CONDITIONS? NO.

. THAT DID NOT PASS BECAUSE TO APPROVE A VARIANT VARIANCE YOU NEED FOUR OUT OF THE FIVE TO VOTE FOR APPROVAL.

SO, THAT DID NOT PASS.

SO, WE CAN CONTINUE ON WITH THE SECOND MOTION.

SO, I WOULD LIKE TO MOVE TO APPROVE BOARD OF ADJUSTMENT CASE 2023-0022 AND I MOVE THAT THE BOA MAKE THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF LAW PART OF THE RECORD WITH.

AS PRESENTED IS SUBSTANTIALLY COMPLIANT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE TO WARRANT APPROVAL AT THIS TIME AND THE BOARD OF ADJUSTMENTS CASE 2023-022 MEETS THE FOLLOWING CRITERIA FOR GRANTING THE VARIANCE AS PRESENTED

[01:00:07]

AND THIS IS WHERE I NEED YOUR HELP.

THE. THE VARIANCE BE GRANTED FOR AFFORDABLE HOUSING OR WORKFORCE HOUSING THAT MEETS THE CRITERIA OF RESIDENTS EARNING BETWEEN 30 AND 80% OF THE MEAN INCOME MEDIAN INCOME.

TO BE CLEAR. MEDIAN MEDIAN INCOME OF NASSAU COUNTY.

YES. IS THAT CLEAR? AND. THE VARIANCE.

GRANTED THAT THE STRUCTURES WILL BE BUILT IN ACCORDANCE WITH THE CITY'S SITE DESIGN REQUIREMENTS WHICH STAFF REQUESTED.

WOULD ANYONE ELSE LIKE TO ADD ANY OTHER CONDITIONS FOR CLARITY? IS THAT RELATIVE TO THE LAND DEVELOPMENT CODE OR THE CITY BUILDING CODE? WHICH ONE? THE SITE DESIGN REQUIREMENTS.

SITE DESIGN THAT WOULD ASK.

MISS PARKER. IT'S THE LAND DEVELOPMENT CODE.

OKAY. ALL RIGHT.

AND I'D ALSO ASK ONE MORE CONDITION.

WHERE IS IT? IF TOO MUCH.

THAT THE THE VARIANCE, THE I DON'T KNOW IF I CAN SAY THAT OR NOT.

I'LL LEAVE IT AT THAT. ARE YOU SURE? I THINK SO. OKAY.

SO, CAN YOU REPEAT THAT? JUST MAKE SURE CONDITION ONE IS FOR THE AFFORDABLE WORKFORCE HOUSING FOR RESIDENTS IN NASSAU COUNTY IN THE MEDIAN INCOME OF 30 TO 80%.

AND THEN THE SECOND ASPECT IS THAT THE SITE DESIGN REQUIRED MEETS THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE.

THAT'S. THE SECOND.

WE HAVE THE FIRST AND THE SECOND.

CAN WE VOTE, PLEASE? CALL]. ALL RIGHT.

THAT PASSED. ALL RIGHT.

SO THAT CONCLUDES THE NEW BUSINESS.

IS THERE ANY STAFF REPORT BUSINESS THAT WE NEED TO HANDLE?

[6. STAFF REPORT]

THANK YOU. ANY REMAINING OUTSTANDING PUBLIC COMMENT THAT ANYBODY WOULD LIKE TO SPEAK TO?

[7. PUBLIC COMMENT]

OKAY. ALL RIGHT.

ANYTHING ELSE? I THINK IF WE COULD HAVE JUST A QUICK DISCUSSION.

THAT HAS NOT MUCH TO DO WITH WHAT JUST HAPPENED BECAUSE WE ALREADY VOTED.

BUT THE CITY OF FERNANDINA BEACH REALLY HAS NOT BEEN PROACTIVE, LIVE IN AFFORDABLE HOUSING.

AND IT IT ISN'T IT ISN'T IN THAT WE HAVE NOT DESIGNATED AREAS FOR LIKE AN OVERLAY IN THE FUTURE FOR AFFORDABLE HOUSING SO THAT WE ACTUALLY CHOOSE SOME AREAS THAT WE WOULD LIKE TO SEE THAT HAPPEN AND THAT MIGHT ALLAY SOME OF THE ISSUES IN THE COMMUNITY.

IF I CAN JUST INTERRUPT, YOU CANNOT LEGALLY DESIGNATE AFFORDABLE HOUSING.

OKAY. AREAS. AND IT ALSO GOES AGAINST OUR COMP PLAN.

ALL RIGHT. WHAT THE CITY CAN DO MRS ROSS AND BOARD MEMBERS AND THE CITY HAS DONE TO SOME EXTENT.

BUT CERTAINLY WE CAN LOOK AT THIS.

I TALKED TO CITY COMMISSIONERS AND PLANNING BOARD MEMBERS AND STAFF.

YOU CAN PUT INCENTIVES IN PLACE FOR DEVELOPING AFFORDABLE HOUSING.

RIGHT. AND THAT IS THE EXTENT TO WHICH WE CAN CONTROL WHERE AFFORDABLE HOUSING IS.

[01:05:01]

ALSO, HOW IT'S GOING TO AFFECT US WITH THE COMMERCIAL AND THE INDUSTRIAL SITES NOW THAT THE STATE LAW SAYS WE CAN NOW HAVE AFFORDABLE HOUSING LONG, DO WE HAVE ANY GUIDELINES FOR THAT YET? WE'RE WORKING ON IT.

WE'RE WORKING ON MULTIPLE STANDARDS FOR MULTIFAMILY DEVELOPMENT IS BASICALLY WHAT WE'RE WORKING ON.

YEAH. OH YEAH, IT'S COMING.

ALL RIGHT. ANYTHING ELSE? I WILL CALL THE MEETING.

THE MEETING IS ADJOURNED AT 6:07.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.