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[00:00:02]

>> GOOD EVENING, EVERYBODY. THE DECEMBER 18TH, 2019 CITY OF FERNANDINA BEACH BOARD OF

[Call to Order]

ADJUSTMENTS IS NOW IN SESSION. WELCOME EVERYONE ON THIS COLD NIGHT.

SAMANTHA, WILL YOU PLEASE CALL THE ROLL. >> MEMBER MOCK?

>> HERE. >> MEMBER HERTSLET? >> HERE.

>> MEMBER COOK? >> HERE. >> CHAIRMAN MILLER?

>> HERE. >> LET THE RECORD REFLECT WE'VE GOT A FULL VOTING BOARD HERE SO WE WON'T SEAT ANYBODY. DOES ANY BOARD MEMBER HAVE ANY COMMUNICATION ABOUT ANYTHING

THAT'S COME BEFORE THE BOARD TONIGHT? >> NONE.

>> NO. >> LET THE RECORD REFLECT NO. >> GOOD EVENING EVERYBODY.

A LITTLE BIT OF BACKGROUND INFORMATION FOR YOU. SOME OF YOU HAVE BEEN TO THESE MEETINGS BEFORE. SOME HAVE NOT. WE TRY TO MAKE THESE MEETINGS BE AS USER FRIENDLY, AS CITIZEN FRIENDLY AS WE CAN. HAVING SAID THAT, THE CITY COMMISSION IS GIVING US A STRICT SET OF GUIDELINES THAT WE HAVE TO FOLLOW.

WE DO NOT WAIVER FROM THAT, BUT WE TRY TO MAKE IT AS USER FRIENDLY AS WE CAN.

IN A FEW MOMENTS OUR SECRETARY WOULD LIKE TO SWEAR EVERYBODY IN.

SO IT DOESN'T MATTER IF YOU GET SWORN IN AND YOU DECIDE YOU DON'T HAVE ANYTHING TO SAY, THAT'S FINE. PEOPLE DO IT ALL THE TIME. BUT IF YOU THINK YOU MIGHT HAVE SOMETHING TO SAY, IF YOU WOULD JUST GET SWORN IN, IT'S MUCH EASIER TO KEEP THE MEETING GOING IF WE CAN GET EVERYBODY SWORN IN AT ONE TIME. WE'VE GOT TWO MEMBERS OF OUR CITY STAFF. MANY OF YOU KNOW THEM, MR. JACOB PLATT.

THERE ARE MANY PEOPLE THAT WORK IN THE BUILDING AND PLANNING DEPARTMENT, BUT HE HAS BEEN ASSIGNED TO THIS BOARD AND HE DOES A GREAT JOB. HE HAS A GOOD SKILL SET.

WE VALUE HIS EXPERTISE. OUR SECRETARY SAM JUST JOINED US NOT TOO LONG AGO, BUT SHE'S DOING A GREAT JOB. THE BOARD APPRECIATES THEIR SERVICE, NOT ONLY TO THIS BOARD, BUT TO THE CITIZENS AS WELL. EVERYONE WHO CAME TONIGHT WHO WOULD LIKE TO SPEAK IS GOING TO HAVE A CHANCE TO SPEAK. IN FACT, YOU CAN SPEAK MANY TIMES IF YOU DECIDE YOU'D LIKE TO MAKE A REBUTTAL OR SOMEONE EL BRINGS UP SOMETHING THAT YOU WOULD LIKE TO SAY.

JUST RAISE YOUR HAND, WE'LL RECOGNIZE YOU AND YOU CAN COME UP TO THE PODIUM.

WE ARE RECORDING THIS AUDIO AND VIDEO NOW, SO WHEN YOU COME UP TO THE PODIUM, IF YOU COME MULTIPLE TIMES, JUST PLEASE REMEMBER THAT EACH TIME, PLEASE STATE YOUR NAME AND YOUR ADDRESS. IT'S NOT YOUR BOARD CAN'T KEEP UP WITH YOU, IT'S FOR THE RECORD. ALL OF THE BOARD MEMBERS ARE ALL VOLUNTEERS.

WE'RE ALL APPOINTED BY THE CITY COMMISSION. WE SERVE AT THE PLEASURE OF THE CITY COMMISSION. WE HAVE TONIGHT OUR CITY ATTORNEY HERE.

MANY OF YOU KNOW HER. SHE IS NOT A MEMBER OF THIS BOARD AND SHE DOES NOT VOTE.

SHE IS HERE IN AN ADVISORY CAPACITY. IT'S NOT UNUSUAL TO HEAR SOMEONE FROM THE AUDIENCE ASK HER TO A QUESTION OR ONE OF THE BOARD MEMBERS OR CITY STAFF ASK HER ADVICE. SHE HAS A LOT TO OFFER AND WE RELY ON HER WISDOM.

I'D LIKE TO ASK HER IF SHE WOULD GO OVER A LITTLE BIT ABOUT WHAT WE'RE GOING TO GO TONIGHT, WHY THE MEETING HAS TO GO LIKE THIS. MORE IMPORTANTLY, HOW THE VOTING HAS TO GO AND IF THERE IS AN APPEAL, WHAT THE RIGHTS WOULD BE UNDER THAT. CAN YOU GO OVER THAT, PLEASE?

>> SURE. WE HAVE ONE CASE TONIGHT. THE HEARING WILL BE CONDUCTED AS A QASSI JUDICIAL HEARING. FIRST MR. PLATT WITH CITY STAFF WILL MAKE A PRESENTATION AND INTRODUCE EVIDENCE INTO THE RECORD. HE MAY CALL WITNESSES.

THE APPLICANT AND/OR THEIR AGENT WILL COME TO THE PODIUM, IDENTIFY YOURSELF BY NAME AND ADDRESS. YOU WILL ALSO BE TESTIFYING WITH DOCUMENTS AND TESTIMONY.

YOU MAY CALL WITNESSES. CITY STAFF AND THE APPLICANT MAY CROSS-EXAMINE EACH OTHER, EACH OTHER'S WITNESSES. IF THERE IS AN AFFECTED PARTY HERE, YOU WILL ALSO GET TO TESTIFY. YOU WILL NOT BE LIMITED BY THE AMOUNT OF TIME AND YOU ARE ACTUALLY TESTIFYING AND PRESENTING EVIDENCE INTO THE RECORD.

IF YOU JUST WISH TO COME UP AND SAY YOU ARE FOR OR AGAINST THE VARIANCE, YOU MAY DO THAT AS WELL. WE ASK THAT YOU GET SWORN IN BEFORE THE TESTIMONY BEGINS.

IF THERE'S AN APPEAL THAT IS TAKEN OF THE DECISION OF THIS BOARD, THAT APPEAL MUST BE FILED WITH THE CIRCUIT COURT WITHIN 30 DAYS OF THE WRITTEN FINDINGS OF FACT.

THE WRITTEN FINDINGS OF FACT ARE SIGNED BY THE BOARD CHAIR USUALLY WITHIN THREE TO FIVE BUSINESS DAYS OF THIS MEETING. SO ABOUT 35 DAYS FROM NOW WOULD BE THE TIME THAT THE CIRCUIT COURT NEEDS TO RECEIVE AN APPEAL. ARE THERE ANY QUESTIONS?

OKAY. THAT'S ALL. >> THANK YOU, SAM.

LET THE RECORD REFLECT THERE WERE NO QUESTIONS. LADIES AND GENTLEMEN, IT DOES NOT MATTER WHICH SIDE OF ANY ISSUE THAT YOU ARE ON. THE FACT THAT YOU CAME DOWN HERE

[00:05:03]

TONIGHT, GOT UP FROM THE TELEVISION ON A COLD NIGHT AND CAME DOWN HERE TO BE PART OF YOUR LOCAL GOVERNMENT, THE BOARD VALUES THAT AND WE WILL REFLECT ALL OF US VERY SERIOUSLY ON ANYTHING YOU HAVE TO SAY. WE VALUE COMMUNITY INPUT HERE. THAT IS THE MAIN REASON THAT OUR CITY COMMISSION HAS ESTABLISHED ALL OF THESE BOARDS ON THAT, JUST TO GIVE THE CITIZENS A TIME TO HAVE THEIR SAY. SO, SAMANTHA, WILL YOU GET EVERYBODY SWORN IN FOR US, IF

YOU WILL, PLEASE. >> RAISE YOUR RIGHT HAND. >> IF YOU INTEND TO SPEAK.

>> RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE ORAL AND OR WRITTEN TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

>> I WILL SAY TO THE FEW PEOPLE THAT DID NOT STAND UP, IF YOU CHANGE YOUR MIND DURING THIS MEETING AND YOU WANT TO SPEAK, YOU ARE WELL WITHIN YOUR RIGHTS TO DO THAT.

JUST RAISE YOUR HAND AND SAMANTHA WILL GET YOU SWORN IN. THAT IS ABSOLUTELY NOT AN ISSUE FOR US. MINUTES FROM LAST MONTH. ARE THERE ANY CHANGES,

[Item 2]

CORRECTIONS OR ANYTHING WE NEED TO NOTE ON THOSE? DID YOU GO OVER THAT?

>> I DID. >> OKAY. ANY FURTHER DISCUSSION ON THAT FROM THE BOARD? ANYBODY WANT TO MAKE A MOTION THAT WE WOULD APPROVE THOSE

MINUTES, PLEASE? >> I MAKE A MOTION TO APPROVE. >> SECOND?

SAM, WILL YOU CALL THE VOTE ON THAT. >> MEMBER MOCK.

>> YES. >> MEMBER PAPKE. >> YES.

>> MEMBER HERTSLET. >> YES. >> ARE YOU READY?

>> YES. >> ALL RIGHT. MOVING ON TO BUSINESS ITEM 3.1

[Item 3]

IS BOARD OF ADJUSTMENT CASE 2019-11. THIS PARTICULAR CASE, THE OWNER OF THE PROPERTY IS MR. JOHN COTNER, REPRESENTED BY TERESA PRINCE.

THE PROPERTY WE'RE SPEAKING TO TONIGHT IS ACTUALLY THREE, TWO LOTS -- THREE LOTS OF RECORD, TWO PARCELS CURRENTLY. IT IS A VARIANCE FROM LAND DEVELOPMENT CODE FOR BUILDING STANDARDS FOR SETBACKS AND THE PROPERTY ZONED R-2 MEDIUM DENSITY RESIDENTIAL.

JUST A BRIEF SUMMARY AND I'LL GO INTO MORE OF THE SITE PLAN AS WELL.

NASSAU HABITAT FOR HUMANITY IS PROPOSING TO BUILD SIX SIMPLE TOWN HOMES.

THE PROJECT CONSISTS OF REPHRATING THREE EXISTING LOTS OF RECORD IN ORDER TO BUILD THREE TWO-UNIT BUILDINGS. THE REQUESTED ACTION IS TO ALLOW FOR THE BUILDING ORIENTATION THAT EXISTS TODAY TO REMAIN IN PLACE AND FOR TWO OF THE LOTS TO FRONT WITH THEIR ADDRESS OFF OF ELM STREET. THE ACTUAL STRUCTURE ITSELF THAT'S BEING PROPOSED COULD BE BUILT TODAY IN DUPLEX FORM OR SINGLE FAMILY. THE BUILDING ITSELF, THE STRUCTURE ON THE LOT, IF HAPPENED TODAY, THERE'S NO CHANGE.

IT'S MERELY REORIENTING THE LOTS TO ALLOW FOR THE REPLATTING OF THIS SUBDIVISION, THREE PLATTED LOTS IN ORDER TO ACCOMMODATE TOWNHOME DEVELOPMENT. LIKE I SAID, A DUPLEX, WHICH IS A TWO UNIT BUILDING OWNED BY ONE OWNER, COULD BE BUILT IN ITS CONFIGURATION TODAY SIMPLY TO ALLOW FOR THE SHOWING OF THESE TOWNHOMES INDIVIDUALLY IN A FEE SIMPLE MANNER.

THERE ARE A COUPLE OBJECTIVES IN THE POLICIES THAT ARE IDENTIFIED IN THE STAFF REPORT THAT SUPPORT AFFORDABLE HOUSING AND THE GOAL OF PROVIDING AFFORDABLE HOUSING THROUGHOUT THE CITY AND THIS PLAN THAT WE'RE GONNA SEE TONIGHT FURTHERS THOSE GOALS AND POLICIES AND THIS REQUEST IS SUPPORTED IN THAT MANNER. THE SIX CRITERIA FOR GRANTING A VARIANCE.

YES, THERE ARE SPECIAL CONDITIONS. SUBLOTS AN AND D OF LOT 8, BLOCK 231, HAVE SUFFICIENTLY ENDURED TWO DWELLING UNITS BASED ON THE CITY'S DEFINITION OF DENSITY.

REQUESTED ACTION SIMPLY ALLOWS THE REPLATTED INTERIOR LOTS TO FRONT ELEM STREET.

THE BUILDABLE ENVELOPE THAT CONSISTS FOR LOTS A AND D WILL REMAIN THE SAME WITH REQUESTED ACTION. YES, THE PROPOSAL IS CONSISTENT WITH THE LAND DEVELOPMENT CODE AS IT RELATES TO THE HOUSING TYPE, DENSITY AND PLAT AND PROCESS.

[00:10:03]

THE PROPOSAL SIMPLY ALLOWS FOR THE BUILDING ENVELOPE TO REMAIN AS IT CURRENTLY EXISTS FOR THE LOTS TODAY. LITERAL INTERPRETATION WOULD PREVENT THE CITY FROM COOPERATING WITH NASSAU HABITAT FOR HUMANITY NONPROFIT ORGANIZATION WHICH PROVIDES AFFORDABLE HOUSING. PROPOSAL IS CONSISTENT WITH THE PLAN POLICY 3.03, 3.04 AND PROVIDES A UNIQUE OPPORTUNITY FOR SIMPLE DRAWING UNITS WITHIN AN EXISTING UNIT LOCATED WITHIN THE CITY. YES, THE REQUESTED VARIANCE DOES NOT CHANGE FOR MINIMUM VARIANCE.

REQUESTED VARIANCE DOES NOT CHANGE THE BUILDING OR PURPOSE. NUMBER OF DWELLING UNITS OR ANY OTHER APPLICABLE CODE SECTION. ALLOWS FOR THE DWELLINGS TO BE CONVEYED FEE SIMPLE AND TO HAVE AN ELM STREET ADDRESS. WITH REGARD TO GENERAL HARMONY, YES, IT WOULD ALLOW NASSAU HABITAT FOR HUMANITY TO CONSTRUCT SIX DWELLING UNITS AND ITS PLAN OBJECTIVE 3.03 FOR AFFORDABLE HOUSING WITHIN THE CITY. WITH REGARD TO PUBLIC INTEREST.

YES, GRANTING VARIANCE IS COMPATIBLE, WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE OR ENVIRONMENT. BASED ON THE SIX CRITERIA WE HAVE FOR REANALYZING VARIANCE REQUEST, THE APPLICANT APPEARS TO MEET ALL SIX CRITERIA AND, THEREFORE, STAFF RECOMMENDS APPROVAL AND LOOKS FOR THE BOARD'S SUPPORT IN THIS REQUEST.

I CAN GO INTO SHOW YOU MORE DETAIL ON THE SITE PLAN AND ANSWER ANY QUESTIONS THAT YOU HAVE OF ME AT THIS TIME, IF YOU'D LIKE TO, BEFORE THE APPLICANT COMES UP.

>> JACOB, BEFORE WE MOVE ON WITH THAT, YOU MAY HAVE SAID THIS, FORGIVE ME.

HAS EVERYBODY BEEN NOTICED ON THAT? >> YOU'RE RIGHT.

I DID MISS THAT PART, AS IS TYPICALLY IN THIS CASE, ALL REQUIRED MATERIALS HAVE BEEN POSTED, MAILED IN ACCORDANCE WITH CITY CODE. THANK YOU.

>> JACOB, COULD YOU JUST EXPLAIN SIMPLY WHY THIS HAS TO COME BEFORE US AS A REQUEST FOR

VARIANCE. >> SO, IN ALL REQUESTS THAT ARE MADE, CITY STAFF HAS TO ANALYZE THEM BASED ON THE CRITERIA OUTLINED IN THE LAND DEVELOPMENT CODE.

TYPICALLY IT'S HARD TO MEET ALL SIX CRITERIA AND OFTENTIMES A VARIANCE REQUEST WILL GET A RECOMMENDATION FROM STAFF IN A NO FASHION BECAUSE YOU CAN'T MEET ALL SIX CRITERIA.

THAT COMES BEFORE THE BOARD IN THE SAME MANNER THAT A REQUEST THAT I AM ABLE TO SAY YES TO ALL SIX CRITERIA. SO JUST BECAUSE I HAPPEN TO SAY YES TO THIS DOESN'T ALLOW US TO

SKIP THE PUBLIC HEARING PROCESS. >> I HAVE ANOTHER QUESTION. IF THEY'RE ABLE TO MAKE THE DUPLEX THERE, WHY THE CHANGE OF ADD ADDRESS?

>> A DUPLEX IS A TWO UNIT BUILDING OWNED BY ONE PERSON AND THE DESIGN OF THESE BUILDINGS MAKES USE OF THAT CORNER LOT CONFIGURATION AND ONE OF THE STRUCTURES WILL FRONT SOUTH 13TH STREET AND VERNON STREET AND THE TWO I CALL INTERIOR LOTS WILL SEPB SHALI FRONT ELM STREET WITH

THEIR FRONT DOOR. >> JACOB, HOW DOES THAT CHANGE THE SET BACK? LOOKS LIKE THEY'RE REDUCING IT TO 15. IF THEY REDUCE IT TO 15, ASSUMING THAT VERNON STREET IS NOT A FRONT, THE REAR SHOULD BE, ACCORDING TO THE DOCUMENTS,

SHOULD BE 20 FEET. >> YES. SO IT'S A REORIENTATION OF THE BUILDING SETBACKS TO KEEP THEM IN THE BUILDING ENVELOPE THAT EXISTS TODAY.

SO IT WOULD APPLY ESSENTIALLY TO START REORIENTING THE LOTS TO THE SIDE AND REAR, BUT THE PREMISE IS THAT THE BUILDING ENVELOPE THAT EXISTS TODAY FOR THOSE LOTS REMAINS THE SAME.

ESSENTIALLY THE INTERIOR LOTS YES YOU'D HAVE A 15 FOOT FRONT YARD ON THE INTERIOR LOTS.

BUT THAT BUILDING ENVELOPE COULD BE BUILT TODAY. >> DOESN'T THAT MAKE THE

ASSUMPTION THAT THE FRONT WOULD BE 13 IN VERNON? >> YES, SIR.

>> JACOB, IS THERE A DIFFERENCE, IN YOU TOUCHED ON THIS, IN ONE OWNER OWNING ONE DUPLEX THAT

[00:15:08]

WOULD BE R-2 VERSUS THIS BEING, GOING R-2 AND THEN BEING FEE SIMPLE WHERE THEY DIVIDE IT UP.

DOES THAT COME INTO IT? >> IT'S A LITTLE BIT OF BACKGROUND ON THE CITY RECENTLY AMENDED ITS CODE FOR TOWNHOME DEVELOPMENT. PREVIOUSLY IT SAID THAT YOU HAD TO COMPLY WITH BOTH MINIMUM LOT LIFT AND DENSITY REQUIREMENTS PER THE ZONING DISTRICT.

WHAT THAT AMOUNTED TO IS, IN ORDER TO BUILD TOWNHOMES OUTSIDE OF WHAT WE SEE BEHIND HERE, WHICH ARE 25 FOOT PLATTED LOTS OF RECORD. BUT FOR EXAMPLE HERE IN R-2 ZONING DISTRICT, YOU HAVE A MINIMUM LOT WITHIN 50 FEET. SO YOU'RE UNABLE TO CAPITALIZE ON THE ABILITY, THE USE OF TOWNHOME IS PERMISSIBLE IN R-2, IT WAS NEVER REALLY THE ABILITY TO UTILIZE THAT BECAUSE YOU HAD THE MINIMUM LOT REQUIREMENT. A 50 FOOT LOT DIDN'T WORK.

SO WHAT THE CITY DID WAS STRIKE MINIMUM LOT GROWTH AND JUST SAY YOU HAVE TO COMPLY WITH DENSITY STANDARDS, WHICH IS THE OVERALL FUTURE LAND USE MAXIMUM DENSITY SET OUT BY MEDIUM DENSITY LAND USE. AND SO A DUPLEX COULD BE BUILT IN R-2 AS TWO UNITS, IT'S JUST A MATTER OF BEING ABLE TO DROP A LOT AND SELL THESE FEE SIMPLY, WHICH IS PART OF NASSAU HABITAT FOR HUMANITY'S CONCEPT. THERE'S OTHER OPTIONS TO CONDOIZE THE BUILDINGS AND DIFFERENT THINGS WHICH DOESN'T REALLY WORK OUT. ESSENTIALLY FROM A DUPLEX TO TOWNHOME YOU WOULD ALLOW FOR SIX SINGLE FAMILY UNITS VERSUS THREE OWNERS WITH TWO DWELLINGS.

>> OKAY. THANK YOU, SIR. ANY OTHER BOARD MEMBERS HAVE ANYTHING FOR CITY STAFF? ALL RIGHT. MISS PRINCE, WOULD YOU LIKE TO

SAY SOMETHING, MA'AM? >> TERESA PRINCE WITH THOMASSETTI AND PRINCE.

I AM THE AGENT FOR JOHN COTNER AND FOR NASSAU HABITAT FOR HUMANITY.

I'M REPRESENTING NASSAU HABITAT FOR HUMANITY IN THE PURCHASE OF THIS PROPERTY.

IT IS CONTINGENT UPON THE SUCCESSFUL REPLAT. LITTLE BACKGROUND INFORMATION, IF I MAY. NASSAU HABITAT FOR HUMANITY HAS BEEN GIVEN THE OPPORTUNITY FOR A LARGE DONATION TO ALLOW FOR THE THE CONDITION OF THE DONOR WAS THAT NASSAU BE ABLE TO PRODUCE SIX SINGLE FAMILY UNITS, SIX UNITS, THAT COULD BE SOLD AS AFFORDABLE HOUSING.

SO HABITAT WENT OUT LOOKING FOR THE PROPER PLACE TO PUT THIS. THESE TWO LOTS, THERE ARE THREE UNDER LYING LOTS, AS MR. PLATT HAS SAID. TE LOCATION IS AN EXCELLENT LOCATION FOR DOING THIS PROJECT. OBVIOUSLY, FRONTING THE CITY STREET AND EVERYTHING.

SO WE ENTERED INTO THIS PROJECT. THIS IS THE FIRST TIME NASSAU HABITAT FOR HUMANITY IS TAKING ON THIS. SO IN ORDER TO TURN THESE THREE UNDER LYING LOTS INTO SIX, WE ARE GOING THROUGH THE SUBDIVISION PROCESS. AND THE SALE WILL BE CONTINGENT UPON THAT BEING APPROVED IN MARCH. SO THIS IS A VERY UNIQUE PROJECT FOR HABITAT. IT'S AN EXCELLENT OPPORTUNITY. AS FAR AS THE VARIANCE TONIGHT, I THINK YOU'VE ALL HIT ON EVERYTHING THAT I WANTED TO FOCUS ON.

I HAVE A BETTER PICTURE, IF YOU'D LIKE TO SEE IT. BUT WE CAN WORK OFF THIS ONE.

I'M GOING TO STEP AWAY JUST FOR A SECOND AND POINT OUT VISUALLY WHAT I THINK MIGHT HELP.

THE ONE EXHIBIT ON THE RECORD -- WHICH WAY IS NORTH? LET'S PRETEND NORTH IS STRAIGHT UP. THE LOT ON VERNON STREET, OBVIOUSLY THE DUPLEX, BOTH OF THEM FACE VERNON. THE BUILDING IS THE SAME BUILDING AND THEY HAVE THE PROPER FRONT YARD SET BACK. HERE WE HAVE A CORNER LOT PROBLEM, WHERE THE BUILDING THE FULL BUILDING WILL FACE ELM. IT WILL HAVE A PROPER ON 13TH. THEN THE OTHER SIDE THE FULL FOOTPRINT OF THE BUILDING WILL FACE VERNON AND THE BUILDING WILL HAVE A PROPER FRONT YARD SETBACK. BUT IN ORDER FOR THE OWNERS TO HAVE EASE OF ACCESS AND BETTER LAYOUT OF THE DRIVE WAYS, THEY CAN ADDRESS OFF OF ELM, WHICH POSE THE PROBLEM OF NEEDING THE VARIANCE. AND SO YOU'LL SEE THE DRIVEWAY HERE FOR THIS STRUCTURE.

THE DRIVEWAY IS HERE FOR THIS STRUCTURE. SO THE INTERIOR LOT, ONCE WE

[00:20:05]

TOOK THESE TWO CORNER AREA LOTS AND BROKE THEM INTO TWO, IT CREATED THIS INTERIOR PROBLEM.

I THOUGHT MR. PLATT DID AN EXCELLENT JOB OF PRESENTING EVERYTHING.

I WOULD LIKE TO REITERATE THAT WE'RE NOT CREATING MORE DENSITY. THAT ISN'T ALLOWED HERE.

WE DO NOT WANT TO FOLLOW -- WE COULD HAVE CONDOIZED THIS AND NOT EVEN GONE THROUGH THE SUBDIVISION PROCESS. WE COULD HAVE JUST DONE A CONDOMINIUM AND NOT HAD TO REPLAT, NOT HAD TO DO ANYTHING. BUT THAT FORM OF OWNERSHIP WAS NOT HABITAT FOR HUMANITY WANTED TO TAKE ON. SO WE HAVE SUGGESTED AND TAKEN ON THE PLAT PROCESS AND SHOULD BE ON THE PLANNING BOARD AGENDA IN JANUARY SO EACH LOT WILL BE CONTAINED WITH ITS OWN DRAINAGE AND EVERYTHING. IT WILL ALLOW FOR THE ADDRESSING OF THE INTERIOR LOTS TO BE ADDRESSED OFF OF ELM STREET. I THINK IN MY OPINION IT COMPLIES WITH THE INTENT OF THE CODE. THE BUILDING HAS A PROPER FRONT YARD.

WE WANT THE VARIANCE TO ALLOW THEM TO HAVE THE ACCESS OFF OF ELM STREET.

JUST TO MAKE SURE, AS MR. PLATT HAS SAID, JUST BECAUSE STAFF ISN'T ALLOWED TO GRANT THIS WITHOUT YOUR APPROVAL, AND SO EVEN THOUGH HE'S IN FULL SUPPORT OF IT, WE STILL HAVE TO COME BEFORE YOU AND PROVE OUR CASE AND, YOU KNOW, JUST MAKE SURE WE'RE SETTING GOOD PRECEDENTS FOR LATER REQUESTS. I'M MORE THAN HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> THANK YOU. >> YOU'LL HAVE YOUR CHANCE. THANK YOU, THOUGH.

>> ANYTHING ON THE PROPERTY THAT WARRANTS LITIGATION OR ANYTHING WE WOULD RECONFIGURE THE SITE TO

BE ABLE TO ACCOMMODATE? >> WE HAVE BEEN THROUGH THE SITE PLAN REVIEW AND PROVIDED A SURVEY. WE'VE GONE THROUGH TECHNICAL REVIEW COMMITTEE IN ORDER TO GET SIX LOTS, I THINK TRC HAS LISTED EVERYTHING WE COULD DO AND COMPLY WITH SET BACKS.

I DON'T KNOW THE ANSWER TO HERITAGE OAKS. I DON'T HAVE THAT ON MY SURVEY.

>> IT HAS BEEN THROUGH A COUPLE REVIEWS. IT IS A HEAVILY WOODED LOT.

THERE'S NO QUESTION ABOUT THAT. THERE ARE -- BUT THEY'VE DONE A NICE JOB NOT ONLY THE BUILDING FOOTPRINT IS THE BUILDING FOOTPRINT, THEY'RE MAXIMIZING THEY'RE WORKING SOME STORT WATER PONDS AND SOME OTHER THINGS. THEY ARE MAINTAINING OUR MINIMUM TREE REQUIREMENTS.

>> AS MR. PLATT SAID, I COULD PURCHASE THIS LAND RIGHT NOW AND PUT A DUPLEX ON IT WITHOUT EVEN

HAVING TO COME TO YOU. >> RIGHT. >> BUT GOING THROUGH THE SUBDIVISION PROCESS, WE DID HAVE TO COMPLY WITH THE CODE AND MEET ALL THOSE REQUIREMENTS.

SO I THINK THAT DID HELP THE SITE AS WELL. >> WOULD YOU LIKE TO SAY ANYTHING? I DO HAVE A REPRESENTATIVE FROM HABITAT FOR HUMANITY HERE.

YOU HAVE TO COME TO THE PODIUM IF YOU WANT TO SPEAK. HE WAS SWORN.

>> MY NAME IS AL, I LIVE AT 96776 SILT CREEK DRIVE. I'M PRESIDENT OF THE HABITAT BOARD HERE IN FERNANDINA. THE ONE THING I WANT TO EMPHASIZE IS THE THING MR. PLATT SAID. OUR PARTICULAR MODEL OF AFFORDABLE HOUSING IS VERY IMPORTANT THAT EVERY HOMEOWNER HAVE DEED AND TITLE TO THEIR PROPERTY.

SO WE ARE GUIDELINES FROM HABITAT INTERNATIONAL DON'T ALLOW US TO CREATE ANY CONDOMINIUM OR SHARED OWNERSHIP OF ANY SPACE. SO WE WILL HAVE, IF THIS IS APPROVED, SIX OWNERS, EACH OF THOSE OWNERS HAS A PIECE AND EACH PAYS A MORTGAGE PAYMENT TO HABITAT AND HABITAT CARRIES THE MORTGAGE OR EITHER 20 OR 25 YEARS.

THANK YOU. THE FURTHER EXPLANATION TO THAT THAT DOESN'T HAVE ANY CONSEQUENCE TO THIS VARIANCE. THE MORTGAGE IS EXTREMELY COMPLEX AND IT SECURES THAT THE PROPERTY CANNOT BE SOLD AND THAT IT STAYS IN THE HABITAT INVENTORY, SO TO SPEAK.

IF SOMETHING HAPPENED AND SOMEBODY HAD TO MOVE, WE HAVE THE RIGHT OF FIRST REFUSAL TO PURCHASE IT. AND IF THEY WERE ALLOWED TO SELL IT, THERE'S ALL SORTS OF COMPLEXITIES THAT PROTECT IT AND KEEP IT IN THE INVENTORY OF HABITAT FOR HUMANITY.

SO THE PLAN OBJECTIVES THAT MR. PLATT HAS PUT IN THE VARIANCE ABOUT MEETING AFFORDABLE HOUSING CRITERIA WILL CONTINUE ON. IT'S NOT AS IF THESE WILL BE SOLD AND THEN GO OUT OF INVENTORY AND NOT BE AFFORDABLE HOUSING.

SO YOU ARE GUARANTEEING THAT THOSE AFFORDABLE HOUSING MEASURES WILL BE MET IF THIS IS

APPROVED AND GETS INTO HABITAT'S INVENTORY. >> IS THERE ANY QUESTIONS FROM

[00:25:03]

THIS BOARD? ALL RIGHT, MA'AM. WE MAY HAVE YOU COME BACK UP

LATER, BUT THANK YOU VERY MUCH FOR THAT. >> CERTAINLY, AND THANK YOU FOR

YOUR TIME. >> IN REGARD TO THE TRC, WILL THIS GO BACK TO TRC AGAIN OR IS

IT OUT OF TRC? >> IT'S BEEN THROUGH THE TRC PROCESS.

THE LOCAL DEVELOPMENT ORDER, SINCE THERE WAS A VARIANCE REQUEST, IS CONTINGENT UPON THIS. IT'S WRAPPED UP THROUGH TRC. IT WILL MOVE ON TO TAB AND THE

OTHER PROCESS THROUGH THE CITY COMMISSION. >> OKAY.

ISN'T THIS COMMUNITY BUILDING NOT VERY FAR FROM HERE? >> CAN WE SEE A STREET VIEW?

>> SURE. >> IT'S RIGHT ACROSS FROM ELM STREET PARK.

>> IS THAT AN ACTIVE SCHOOL? >> THE ELM STREET PARK, RECREATIONAL --

>> IS THERE AFTER SCHOOL PROGRAMS. >> THERE'S TUTORING THERE AFTER

SCHOOL. >> OKAY. AND JUST FOR THE RECORD, WITH US PUTTING THE DRIVE WAYS OUT THERE THE WAY THEY WOULD LIKE TO DO THAT, AND SAY THERE'S TWO CARS IN THERE THAT AN EXTRA PERSON ON THE SIDE OF THE ROAD, JUST HAVING GONE THROUGH TRC, OUR CHIEF OF POLICE, CHIEF OF FIRE DEPARTMENT IS AWARE OF WHAT WE'RE DOING AND THEY FEEL THEY CAN GET THEIR EQUIPMENT IN THAT SCHOOL, PAST THAT? I GUESS THEY CAN COME IN THE

OTHER WAY, CAN'T THEY? >> I'M NOT REALLY FOLLOWING. >> WHEN YOU PULL THAT UP THERE,

HOW MANY DRIVE WAYS DO WE HAVE? >> THERE WILL BE TWO DRIVE WAYS ON ELM STREET.

>> OKAY. ALL RIGHT. >> WITH A SIDEWALK COMPLIANT

DEPTH FOR THE PARKING SPACE THAT'S THERE. >> OKAY.

I GOTCHA. THANK YOU. >> IS THERE A ONE FOR ONE SETBACK BECAUSE OF THE REDUCTION ON THE BACK LOT? IS THERE ANY TRADES THAT WERE

AGREED TO FOR THE HEIGHT? >> NO, SIR. THE HEIGHT ON THE PLAN, THIS DOESN'T INCLUDE THE ARCH ARCHITECTURAL, IT WILL BE LESS THAN 25 FEET.

THAT DOESN'T INCREASE, THE SET BACK DOESN'T COME INTO PLAY. THERE'S A RANCH STYLE HOUSE ON 13TH RIGHT NEXT DOOR TO THIS. IT'S ONE STORY. THAT STREET YOU HAD UP.

JUST LOOKING AT A SCALE OF IT. THIS SAYS 5' 7" FROM THE PROPERTY LINE AND THE FRONT EDGE OF IT IS TWO STORIES. WAS IT 417 UP THERE ON THE RIGHT? YEAH. YOU CIRCLED IT. SORRY.

>> SO THE TWO BUILDINGS HERE ON LOTS A AND D, I HAVE GOT THE ELEVATION SOMEWHERE.

IT'S A TWO STORY, INTERIOR LOTS ARE TWO STORY AND THE FRONTING VERNON AND 13TH STREET IT DROPS BACK DOWN TO A ONE STORY. AND THE NORTHERN DUPLEX, I BELIEVE, IS ALSO A ONE STORY.

TWO STORY COMPONENT ARE ESSENTIALLY THOSE INTERIOR, WILL BE YOUR INTERIOR BUILDINGS HERE.

>> IS THAT DIFFERENT THAN WHAT WAS SUBMITTED TO THE TRC IN THIS PACKET?

THAT'S BACKWARDS FROM WHAT IT >> MY APOLOGIES. >> I THINK YOU'VE IDENTIFIED IT.

IT'S THE OPPOSITE OF WHAT JACOB IS SAY. THE TWO STORY IS ON 13TH AND ON VERNON. SORRY. TERESA PRINCE INTERJECTING

WITHOUT PERMISSION. >> YOU'RE FINE. WE'VE GOT TO MAKE THIS BE AS

USER FRIENDLY AS WE CAN. >> YES. THANK YOU FOR POINTING THAT OUT.

I WAS WRONG THERE. SWITCHING THAT TWO STORY AND TWO END UNITS AND ONE STORY THE INTERIOR UNITS. AS FAR AS THAT ASPECT OF IT, TECHNICAL REVIEW COMMITTEE IS

JUST THE SITE PLAN BODY SO WE CAN'T FACTOR THAT PIECE INTO IT. >> JUST CONSIDERING PROXIMITY TO THAT HOUSE THAT'S RIGHT THERE. A TWO STORY HOUSE THAT'S RIGHT TO IT.

IT'S NOT HORRIBLE, BUT IT'S RIGHT AROUND THE CORNER. JUST THE SCALE OF IT.

>> ANY OTHER BOARD COMMENTS? ALL RIGHT. SO WE'LL OPEN THIS UP TO THE PUBLIC. AND AS I SAID BEFORE, IT DOESN'T MATTER WHAT YOUR THOUGHTS ARE, THE BOARD WANTS TO HEAR WHAT YOU HAVE TO SAY. JUST PLEASE COME UP.

YES, MA'AM, IF YOU'LL COME UP AND JUST STATE YOUR NAME AND YOUR ADDRESS.

AND WHILE THEY'RE COMING UP, FORGOT TO SAY ONE THING. WHAT WE HAVE IS EXACTLY WHAT

[00:30:07]

JACOB HAS. WE HAVE NOTHING FURTHER THAN THAT.

IT'S JUST WE CAN SCROLL BACK THROUGH THE PAGES AND ZOOM IN AND ZOOM OUT.

SO IF YOU SEE US LOOKING AT THAT, WE DON'T HAVE ANY FURTHER INFOR

INFORMATION. >> MY NAME IS SOLOMON JACKSON. I LIVE AT 425 SOUTH 13TH STREET.

AND I HAVE LIVED THERE THE WHOLE LOT OF -- IN LAYMAN'S TERMS HOW MUCH LAND IS IT GONNA COST ME?

>> ALL RIGHT, JACOB, CAN YOU ADDRESS THAT. >> I TALKED TO YOUR WIFE LAST WEEK A LITTLE BIT AND KIND OF LOOKED AT THE SITE PLAN AND LOOKED AT THE THIS PROPOSAL IS WHOLLY ON M MR. COTNER'S PROPERTY. THERE'S NO CHANGING OF THE LOT LINE BETWEEN YOUR HOUSE OR LOSING OF ANY -- THE CITY WOULDN'T ENGAGE IN ANY ACTION THAT WOULD BE A MATTER OF CHANGING PROPERTY LINES THAT AREN'T INVOLVED IN THIS APPLICATION. SO THERE'S NOTHING WITH REGARD TO YOUR PROPERTY AND THE BOUNDARIES OR THE AMOUNT OF LAND THAT IS PERTAINED HERE TONIGHT. YOUR PROPERTY STAYS EXACTLY THE

SA SAME. >> OKAY.

>> MY NAME IS PHYLLIS JACKSON, HIS WIFE. I'M AT 425 SOUTH 13TH STREET.

TALKING ABOUT BUILDING THESE AND SEE HOW CLOSE. IS THERE GOING TO BE A FENCE? ARE THEY GOING TO PUT UP A FENCE? I HAVE SEEN SOME OF THESE HABITAT HOUSES. PEOPLE DON'T TAKE CARE OF THEIR PROPERTY.

WE DONE BEFORE THERE 50 YEARS YESTERDAY. YOU CAN SEE HOW I KEEP IT UP.

>> YES, MA'AM. >> THAT'S MY CONCERN. >> OKAY.

YOU'VE BEEN A VITAL PART OF THIS COMMUNITY FOR 50 YEARS. >> EXACTLY.

THERE'S ONLY TWO HOUSES. OUR HOUSE AND THE HOUSE NEXT DOOR, THE REST IS WOODS.

>> ALL RIGHT. JACOB, DO WE KNOW IF THAT'S BEEN SURVEYED OR NOT?

>> IT HAS. >> YOU'VE SEEN THE SURVEY MARKER.

OKAY. I GUESS WHERE I'M GOING WITH THAT, YOU KNOW WHERE THEIR PROPERTY IS AND WHERE YOUR PROPERTY IS, RIGHT? THERE'S A CLEAR UNDERSTANDING OF

THAT. >> THEY CAME INTO OUR YARD AND PUT LITTLE FLAG DOWN AND IT'S ON

INTO OUR YARD. >> WILL THERE BE WATER AND SEWER MARK DOWNS?

>> I BELIEVE LAST WEEK WE WERE TALKING ABOUT STAYING OFF THE BACK SIDE OF YOUR PROPERTY.

TYPICALLY, WHAT I HAVE SEEN WHERE THEY'VE PUT A TAN AND A BLUE FLAG TO INDICATE A PROPERTY PIN IS WHAT I HAVE SEEN. I KNOW THERE WAS KIND OF A QUESTION ON WHERE THAT FELL OFF THE BACK SIDE OF THE PROPERTY THERE. I HAVEN'T SEEN WITH MY OWN TWO EYES. ONLY CONCERN I HAVE, OR THOUGHT REALLY, IS SINCE THERE WAS VACANT LOT NEXT DOOR, KIND OF LIKE HOW PEOPLE UTILIZE THE RIGHT OF WAY IN SOME CASES.

BUT THE PROPERTY IS STAKED OUT BY A PROFESSIONAL LICENSED SURVEYOR.

THEY'RE STAKING AND PUTTING A PIN. THERE'S SOME QUESTIONS ABOUT

THAT, I'D HAVE TO REFER YOU, HONESTLY, TO THOSE FOLKS. >> JACOB, LET ME ASK A QUESTION.

I DON'T THINK WHAT I'M GOING TO SAY IS HARD FOR YOU BUT COULD THEY GET SOME SORT OFFENSE OR PLANTED HEDGE BETWEEN THEIR PROPERTY AND THIS PROPERTY TO GIVE THEM SOME SORT OF VISUAL RELIEF? I DON'T KNOW WHERE IT WOULD FIT IN THE PROCESS WHERE WE COULD SAY THAT, BUT THAT MIGHT BE HELPFUL THAT YOU'D HAVE SOME SORT OF BUFFER.

>> SOMETHING TO KEEP PEOPLE FROM COMING THROUGH OR WHATEVER. I JUST DON'T WANT THAT.

>> LOTS OF OUR LAND USES AND CODES REQUIRE DIFFERENT TYPES OF LANDSCAPE BUFFER, BUFFERS BETWEEN DIFFERENT ZONING DISTRICTS AND OTHER THINGS. I CAN'T FORCE SOMEBODY IN A

RESIDENTIAL NEIGHBORHOOD TO PUT UP A FENCE OR A HEDGE. >> YOU CAN'T MAKE THEM PUT LANDSCAPING IN, IF I REMEMBER READING THAT. WE DON'T EVEN HAVE A LANDSCAPE BOARD. THAT'S A PROBLEM WE NEED TO ADDRESS SOMETIME IN THE FUTURE.

I'M JUST ASKING YOU IF THAT COULD BE PUT IN UNDER ONE OF THESE APPROVALS AS SOME SORT OF

CONTI CONTINGENCY. >> NO, NOT FOR LANDSCAPING.

[00:35:04]

IT'S NOT A REQUIREMENT OF OUR CODE. >> THAT WOULD NOT PRECLUDE YOU FROM DOING A FENCE ON YOUR PROPERTY. AM I CLEAR ON THAT, JACOB?

>> YES. >> WITHOUT A HOMEOWNER'S ASSOCIATION HERE, I WOULD THINK THESE TENANTS OR PEOPLE WHO BUY THESE HOMES ARE GOING TO HAVE TO BE SCRUTINIZED BY THE CITY TO MAKE SURE THEY KEEP THEIR PLACES NICE AND THEY DON'T CREATE A PROBLEM THERE.

IS THAT SOMETHING YOU WOULD PAY ATTENTION TO BECAUSE THEY ARE FEE SIMPLE?

>> THE CITY HAS CODE ENFORCEMENT AND PROPERTY PROVISIONS FOR MAINTAINING PROPERTY THAT APPLY TO ALL PROPERTIES. I MEAN, WE'RE CREATING THESE FEE SIMPLE NONHOMEOWNER ASSOCIATION LOTS IN A NEIGHBORHOOD THAT DOESN'T HAVE ANY HOMEOWNERS ASSOCIATION IN IT NOW.

SO IT'S REALLY NO DIFFERENT THAN THE SURROUNDING NEIGHBORHOOD. SO THE SAME PROVISIONS WOULD

APPLY HERE AS WELL. >> YOU WERE SAYING WE COULD NOT PUT A CONDITION FOR A FENCE AS

PART OF THIS? >> I'M NOT AGAINST HABITAT. BUT IT'S JUST THAT IT SEEMS LIKE THEY'VE GOT PLANS FOR MORE LAND THAN THEY GOT. INSTEAD OF TAILORING THE PLANS TO THE LAND, THEY JUST DECIDED THIS IS WHAT THEY'RE GONNA BUILD AND THE HELL WITH ANYBODY ELSE.

>> WHAT ABOUT HABITAT, DO Y'ALL MONITOR? >> WE GOT TO GET THEM TO COME UP

TO THE MICROPHONE ON THAT. >> TERESA? >> THANK YOU.

YOU DON'T HAVE TO LEAVE BECAUSE OF ME. I JUST WANTED TO SAY THAT ALL OF THE OTHER HABITAT HOMES ARE SINGLE FAMILY OWNED WITHIN THE CITY LIMITS AND DO NOT HAVE HOMEOWNERS ASSOCIATIONS THAT GOVERN THEM SO THEY'RE TREATED JUST LIKE ANY OTHER SINGLE FAMILY HOMEOWNER IN THE CITY. I WILL REPEAT IT FOR THE RECORD BECAUSE AL'S NOT UP HERE.

HOW MANY DO YOU HAVE IN INVENTORY THAT ARE BEING LIVED IN?

>> 43. >> SO I HAVE ASKED AL AND HE HAS SAID 43 UNITS.

SO WITHIN THE CITY LIMITS WE HAVE 43 UNITS THAT ARE CURRENTLY MORTGAGED AND BEING LIVED IN AND NO HOMEOWNERS ASSOCIATION. WE ARE THE MORTGAGE HOLDER SO, OF COURSE, IF THEY AREN'T PAYING, WE HANDLE THAT AND IT WOULD BE JUST LIKE ANY OTHER PROPERTY.

TO THIS GENTLEMAN'S POINT, I THINK IT WAS MR. JACKSON. WE ARE LEGALLY REQUIRED TO JUST BUILD ON OUR LAND. WE'RE NOT ASKING TO GRAB MORE LAND TONIGHT.

WE ARE ASKING TO RECONFIGURE THE BUILDINGS. BUT WE HAVE TO STAY WITHIN OUR BOUNDARIES. AND THAT, WE HAVE SURVEYED THE PROPERTY AND OBVIOUSLY WE WILL BE STAYING WITHIN OUR BOUNDARIES. TERESA PRINCE WITH TOMASSETTI

AND PRINCE. THANK YOU. >> THANK YOU.

>> PHYLLIS JACKSON. JUST ONE MORE. LIKE I SAID, WE HAVE NOTHING AGAINST HABITAT. WE HAVE SEEN SOME OF THOSE HOUSES.

THEY JUST DON'T CARE. IT'S A COUPLE THEY KEEP IT UP, BUT THAT'S ALL WE'RE CONCERNED ABOUT. JUST KEEPING THE VALUE OF OUR HOUSE LOOKING NICE AND

EVERYTHING AND DON'T WANT TO BE BUMMED DOWN. >> YOU CERTAINLY KEEP YOUR PLACE

VERY NICE. >> THANK YOU. >> AND YOU'RE BOTH VERY WELL SPOKEN, SO WE APPRECIATE YOU COMING DOWN TONIGHT. I THINK EVERYTHING THAT YOU SAID

IS VERY REASONABLE. THANK YOU SO MUCH. >> OKAY.

THANK YOU. >> YES, MA'AM. >> YES, MA'AM.

>> I WAS JUST SAYING I DON'T KNOW IF SHE WAS SWORN IN. >> I WAS STANDING BACK THERE

FILLING OUT PAPERWORK. I CAN SWEAR. >> EVERYBODY THAT SPEAKS HAS TO

SWEAR IN. >> YES, MA'AM. I WAS PARTICIPATING BACK THERE.

>> OKAY. MY NAME IS BETSY HUBEN. I LIVE AT 4615 PHILLIPS MANOR PLACE HERE IN FERNANDINA BEACH. I ALSO OWN PROPERTY ACROSS THE STREET FROM MISS PHYLLIS AND

[00:40:02]

MR. SOLOMON. I WANT TO BE CLEAR ABOUT THE SET BACK PORTION AND THE FACT THAT

THIS IS TWO STORY, CORRECT? >> IT IS. PORTION OF EACH OF THOSE TWO

BUILDINGS IS TWO STORY. >> SO JUST LOOKING TO BE EDUCATED, ARE YOU CHANGING THE

FRONT SET BACK ON 13TH STREET? >> NO. THE WHOLE PREMISE IS THERE'S NO

CHANGE IN THE BUILDING -- >> I'M SORRY. I GUESS IT'S THE SIDE OF THE BUILDING IS WHERE THE DRIVE WAY IS GOING TO BE? IS THAT WHAT WE'RE DOING?

ARE YOU CHANGING THE SET BACK? >> NO, MA'AM. >> OKAY.

ARE YOU CHANGING THE SET BACK OVER HERE AND PUSHING THE BUILDING CLOSER TO THEIR HOUSE?

>> IN AN EFFORT -- THE EASIEST WAY TO ANSWER THAT IS THAT THE BUILDING ENVELOPE TO DATE THAT

EXISTS IS NOT CHANGING. >> THAT'S NOT THE ANSWER TO MY QUESTION.

I UNDERSTAND THAT. I'M NOT SURE EVERYBODY DOES. ARE YOU CHANGING THE SETBACK ON THE COMMON PROPERTY LINE TO GET THIS ON THE LAND? IN OTHER WORDS, THE BUILDING WILL PHYSICALLY BE CLOSER TO THEIR HOUSE THAN IT MIGHT OTHERWISE HAVE BEEN IF IT WAS A

DUPLEX? >> NO, MA'AM. >> NO?

OKAY. >> A DUPLEX COULD BE BUILT IN THAT EXACT CONFIGURATION THAT

THERE IS TODAY. >> OKAY. ALL RIGHT.

BUT A SINGLE FAMILY HOME, IF IT WAS A HABITAT HOME, WOULD HAVE HAD TO HAVE BEEN FARTHER OFF THE

PROPERTY LINE? >> NO, MA'AM. >> OKAY.

>> THAT'S WHAT I WANT TO BE CLEAR AND KIND OF THE WHOLE PREMISE HERE.

>> I THINK THAT'S PART OF WHAT THEIR CONCERN IS. >> I TURNED ON THE EXISTING LOT TODAY. THESE LOTS A AND D ARE PLATTED OF RECORD.

DUPLEX OR SINGLE FAMILY HOME COULD EXIST ON THESE LOTS TODAY. THE ORIGINAL PLAT, THIS WOULD BE YOUR 25 FOOT FRONT SET BACK, 15 FOOT CORNER YARD SET BACK AND REAR YARD SET BACK THIS WAY WITH A 10% OF THE LOT WIDTH ON THE NORTHERN SIDE AS AN INTERIOR SIDE.

THAT BUILDING ENVELOPE IS NOT BEING CHANGED BY THE REQUEST TONIGHT.

THE FACT IS THAT THERE COULD BE TWO UNITS TODAY. THEY ARE NOW UNDER ONE OWNERSHIP. THE ON THING THAT IS CHANGING, THE SAME BOX IS STAYING EXACTLY THE SAME. IT'S MERELY AN ORIENTATION KIND OF INTERIOR IN THAT BOX IS GOING TO HAVE A FRONT PORCH AND A DOOR OVER HERE VERSUS HAVING TWO FRONT DOORS AND TWO -- FOUR PARKING SPACES AND STUFF OVER HERE. THE BUILDING ENVELOPE IS STAYING

THE SAME. >> OKAY. THE OTHER PART OF THAT, THE PROPERTY THAT'S GONNA HAVE THE DRIVE WAY ON 13TH IS, IN FACT, A TWO STORY? PART OF THE APPLICATION PACKET WAS TALKING ABOUT THIS IS COMPATIBLE WITH OUR NEIGHBORHOOD. OUR NEIGHBORHOOD IS ALL SINGLE STORY HOMES.

WE DON'T CURRENTLY HAVE -- OTHER THAN THE SINGLE FAMILY SOUTH 13TH AND ELM.

TWO STORY HOMES ARE NOT CONSISTENT WITH WHAT'S THERE CURRENTLY.

SO I THINK PART OF THE CONCERN IS PEOPLE WILL BE LOOKING DOWN IN THEIR HOUSE.

>> I UNDERSTAND THAT CONCERN. THERE ARE TWO STORY HOMES SCATTERED THROUGHOUT THAT NEIGHBORHOOD. THAT ZONING CODE WOULD ALLOW FOR ACTUALLY 35 FEET TALL STRUCTURES IN R-2 ZONING DISTRICT. WHILE WHEN I SAY COME PATABILITY, YES, I UNDERSTAND THAT. BUT IT IS ALLOWED AND IT'S A PORTION OF THAT BUILDING.

THERE IS NOTHING FROM PREVENTING THOSE BUILDINGS FROM BEING TWO STORY.

I RECOGNIZE A MAJORITY OF THAT AREA DOES HAVE ONE STORY STRUCTURES IN IT.

>> AND EXACTLY HOW TALL IS IT SUPPOSED TO BE WHEN IT'S FINI

FINISHED? >> LESS THAN 25 FEET. >> OKAY.

>> 20 FEET. >> IS IT 20? >> OKAY.

SO THE LAST QUESTION THAT I HAD WU JUST SO THAT WE ALL CAN GET A VISUAL IF WE WANT TO.

ARE THERE CURRENTLY ANY TWO STORY HABITAT HOMES IN THE AREA WHERE WE COULD KIND OF GET A

DRIVE BY FEEL FOR WHAT YOU'RE ALL DOING? >> I DON'T BELIEVE THERE ARE ANY TWO STORY HABITAT HOMES IN THIS GENERAL AREA. THERE ARE TWO STORY HOMES JUST

DOWN THE STREET. I MEAN, LITERALLY -- >> RIGHT.

THERE'S ONE ON ELM AND SOUTH 13 TERRACE. THAT'S ALSO A SINGLE FAMILY HOME. THAT'S NOT MULTIFAMILY OR CHANGING SETBACKS OR --

[00:45:06]

>> BUT IT IS A TO STORY STRUCTURE. >> IT'S THE ONLY ONE.

>> THERE ARE TWO MORE DIRECTLY TO THE EAST THERE. >> LOOKING AT THE SITE PLAN HERE, YOU'VE GOT YOUR TWO STORY SECTIONS ON THE OUTSIDE. GENERALLY AS A PLANNING PRINCIPLE, YOU WOULD PUT THE TWO STORIES TO THE INSIDE, LOWER THE HEIGHT AS YOU GO OUT TO THE STREET. I LOOKED AT THE PLAN. I DON'T SEE A PARTICULAR REASON WHY THE TWO STORIES ARE WHERE THEY ARE AND WHY THEY COULDN'T BE FLIPPED TO GIVE A LITTLE BIT MORE VISUAL ACCESS AND LITTLE BIT LESSEN THE TWO STORY EFFECT. I'M JUST THROWING THAT OUT.

I'M NOT TRYING TO STIR UP A POT. I LOOKED AT IT. IT DIDN'T SEEM TO BE A BIG DEAL TO SWITCH IT. IT WOULD HELP ALLEVIATE SOME OF THE HOMEOWNERS CONCERNS ABOUT

THE HEIGHT. >> I CAN SPEAK TO A LITTLE BIT OF THAT.

SO, IN THE PLANNING PROCESS, I KIND OF SPOKE TO THE DENSITY OF THE LOTS AND R-2 ZONING DISTRICT. WHAT'S BEING CARVED UP HERE ARE THE LOTS HAVING THE MINIMUM LAND AREA THAT THEY NEED FOR OUR CALCULATION OF NET DENSITY. SORRY TO TALK IN PLANNER SPEAK, BUT IT REALLY KIND OF COMES DOWN TO LAND AREA. CORNER LOTS CAN INCLUDE HALF OF

THE ADJOINING RIGHT OF WAY IN THEIR CALCULATION FOR LAND AREA. >> YOU CAN GIVE THEM A VARIANCE

FOR THE DENSITY, ALSO? >> NO, SIR, YOU CANNOT GIVE VARIANCES FOR DENSITY.

IN AN EFFORT TO KEEP EVERYTHING WITHIN THAT BUILDABLE FOOTPRINT THAT REMAINS THERE TODAY, THE CORNER LOTS, THESE LOTS HERE, THEY'RE BUILDING ENVELOPE -- WHERE AM I? BECAUSE THIS MAINTAINS A 25-FOOT FRONT YARD, 15 FOOT CORNER, FIVE FOOT SIDE, THIS BUILDING ENVELOPE IS ONLY THIS BIG. SO IN ORDER TO GET ENOUGH SQUARE FOOTAGE, THIS IS WHAT YOU'RE

LEFT WITH. >> COULDN'T YOU HAVE TAKEN ONE SIDE AND FLIPPED IT.

>> YOU'D BE LEFT WITH A ONE STORY FOOTPRINT THAT IS -- >> YOU REDUCE THE DENSITY ON YOUR LEFT-HAND SIDE AND INCREASE THE DENSITY ON YOUR RIGHT-HAND SIDE AND YOU MOVE THAT COMMON

WALL BACK TO THE LEFT OR WHATEVER YOU WANT TO SAY. >> IT'S NOT --

>> WHAT DO YOU THINK? >> I RECOGNIZE WHAT JACOB IS SAYING.

IT'S BASED ON WHERE THAT VISION IS BETWEEN THE TWO LOTS FOR THE DENSITY.

I DON'T DISAGREE WITH WHAT YOU'RE SAYING. >> THE COMMON LOT IS ON THAT VERTICAL LINE THERE. SO IT DOESN'T -- IF YOU'RE FLIPPING IT -- YOU'RE FLIPPING

THE DENSITY, TOO. >> YOU CAN'T FLIP THE DENSITY. THAT'S THE WHOLE THING.

WHERE THESE LOT LINES ARE DRAWN IN ORDER TO MAKE IT ALL WORK ARE EXACTLY WHERE THEY HAVE TO BE.

MINUS GETTING A VARIANCE TO REDUCE THIS FRONT YARD SETBACK ON 13TH ANDEE VERNON, I'M NOT THE ARCHITECT THAT CAME UP TO THE DESIGN. I CAN'T SPEAK TO DESIGN.

OUR CODE DOESN'T ALLOW FOR ME TO SAY I DON'T LIKE YOUR DESIGN. >> WHY CAN WE CHANGE THE

SETBACK? >> NOT THE SETBACK. THE BUILDABLE ENVELOPE.

THESE END LOTS, THIS IS ALL THE BUILDING ENVELOPE THAT YOU HAVE. >> 965 SQUARE FEET.

IF YOU DON'T GO TWO STORY -- >> THAT'S THE NUMBER. IT'S RIGHT THERE.

965. >> TERESA PRINCE WITH TOMASSETTI AND PRINCE.

I RESPECT ALL OF THIS DISCUSSION. I JUST WANTED TO IMPLORE TO YOU, WE HAVE BEEN THROUGH ALL OF THIS GYMNASTICS MAYBE AUGUST FOR A VERY LONG TIME TRYING TO FIGURE OUT THE BEST WAY TO DO THIS. NOT OUT OF DISRESPECT FOR ANYONE, BUT I COULD PUT THAT BUILDING, I COULD DO THIS ENTIRE PROJECT WITHOUT COMING FOR A VARIANCE IF I DID NOT TURN IT INTO TWO FEE SIMPLE HOUSES. I COULD CONDOIZE IT AND DO THIS ENTIRE THING WITHOUT GOING THROUGH SUBDIVISION OR WITHOUT ASKING FOR A VARIANCE, IS THAT CORRECT, JACOB?

>> YES. >> SO, I WOULD LIKE EVERYONE TO UNDERSTAND IN THE AUDIENCE THAT IF YOU DO DECIDE TO APPROVE THIS VARIANCE TONIGHT, YOU ARE NOT ALLOWING SOMETHING TO HAPPEN THAT A DIFFERENT DEVELOPER COULD BUY THE LOT, SPEND 7,000, $10,000 TO CONDOIZE IT, PUT THIS EXACT SAME STRUCTURE WITH NO INPUT AT ALL. AND COULD GO TO THE MAXIMUM HEIGHT OF R-2 AND COULD PUT A DUPLEX ON IT. WE'RE NOT ASKING TO DO -- WE

[00:50:08]

COULD AVAIL OURSELVES OF ALL R-2 ALLOWABLE USES. SO I JUST WANT TO SAY WE'LL CERTAINLY CONTINUE TO ANSWER ALL THE QUESTIONS, BUT WE DID SPEND LOT OF TIME TRYING TO FIGURE OUT HOW TO MAKE THIS WORK WITH THE DENSITY REQUIREMENTS. SO, YES, FLIPPING IT FOR ALL THE COMPLICATED REASONS THAT MR. PLATT HAS PUT INTO THE RECORD, DIDN'T WORK.

AGAIN, I JUST WANT TO CONTINUE TO EMPHASIZE THAT, YOU KNOW, IF THIS ISN'T APPROVED, IT DOESN'T MEAN THAT THESE LOTS WILL NOT BE DEVELOPED. IT DOESN'T MEAN THESE LOTS WON'T HAVE DUPLEXES ON THEM. IT DOESN'T MEAN SOME OTHER DEVELOPER WITH A DEEPER POCKET MIGHT DECIDE TO DO SOMETHING ELSE WITH THIS PROPERTY. THIS IS JUST A FORTUNATE OPPORTUNITY FOR HABITAT TO BE ABLE TO HELP THE CITY MEET ITS OWN COMPREHENSIVE PLAN REQUIREMENTS IN HAVING AFFORDABLE HOUSING. THE BUILDING FOOTPRINT IS MEETING ALL THE SETBACK REQUIREMENTS. WE'RE JUST ASKING TO PHASE THE INTERIOR LOTS. I JUST IMPLORE YOU TO SUPPORT YOUR STAFF AND GRANT THIS VARIANCE. BUT I WILL ANSWER ANY OTHER QUESTIONS.

>> THANK YOU. THANK YOU VERY MUCH. I'D LIKE TO SPEAK TO YOU, MR. AND MRS. JACKSON, FOR JUST A SECOND, IF I MAY. YOU CAN SIT THERE.

THAT'S FINE. I CAN UNDERSTAND YOUR POINT OF YOUR CONCERN OF WHAT'S GOING TO BE SO CLOSE TO YOU. THIS BOARD AND NO BOARD IN AMERICA HAS THE AUTHORITY TO REGULATE WHAT YOUR NEIGHBOR IS GOING TO DO ON THEIR LOT. WE HAVE ZONE, BUILDING RESTRICTIONS, BUT BEYOND THAT, WE DON'T HAVE THAT. BUT I WILL SAY THAT IF ANYTHING WERE TO GET OUT OF HAND OVER THERE, PARKED CARS, LOUD MUSIC, ANYTHING LIKE THAT, BECAUSE YOU ARE AWFUL CLOSE, YOU CAN REACH OUT TO LAW ENFORCEMENT AND THEY WOULD ENFORCE ALL OF THE CITY CODES THAT ARE ON THE BOOKS. THAT'S JUST A POINT. DO YOU HAVE ANYTHING YOU'D LIKE TO SAY ABOUT THAT? AND I KNOW THEY ACTIVELY TICKET PEOPLE FOR LANDSCAPE VIOLATIONS AND CUTTING THEIR GRASS, THINGS LIKE THAT. SO THERE ARE AVENUES FOR YOU THERE. BUT YOU DO KEEP A VERY NICE HOUSE AND IT SHOWS.

I CAN UNDERSTAND YOUR CONCERN ABOUT THAT. I SURE CAN.

>> WELL, WE TRIED, YEARS AGO I TRIED TO BUY THAT LOT AND I GOT NOWHERE.

>> YES, SIR. WE HEAR THAT QUITE OFTEN. YES, SIR.

WAS THERE ANYTHING ELSE, MISS JACKSON, THAT YOU'D LIKE TO SAY? OKAY.

THANK YOU FOR COMING. IS THERE ANYONE ELSE FROM THE PUBLIC THAT WOULD LIKE TO SPEAK FOR OR AGAINST? HAVE ANY COMMENTS OF ANY KIND? ALL RIGHT.

WITH THAT, WE'LL CLOSE OUT THE PUBLIC PORTION OF THAT AND WE'LL TALK ABOUT ANYTHING THAT THE BOARD WOULD LIKE TO TALK ABOUT. IT CERTAINLY SEEMS THAT THEY'VE SPENT A LOT OF TIME TRYING TO

WORK THAT OUT. >> ONE THING I'D BRING UP, STEVE POINTED IT OUT TO ME, THERE'S TWO TEN BY TEN UNITS BEING ACCESSORY UNITS IN THE FRONT YARDS FACING 13TH AND VERNON.

>> DO YOU WANT TO ADDRESS THAT? >> WE DID. YOU'RE CORRECT.

WE TALKED WITH THE APPLICANT. THOSE IN THAT FRONT YARD. THOSE WON'T BE THERE.

>> OKAY. >> PUT THAT INTO THE RECORD THEN THAT THOSE WILL NOT BE THERE.

>> YES. AS PART OF THAT REVIEW, THOSE WILL NOT BE PERMITTED THERE AND AREN'T PERTAINED IN THIS REQUEST. AREN'T INCLUDED IN THIS REQUEST.

>> WHAT ARE THE ACCESSORY UNITS? DO YOU HAVE ANY IDEA? >> THEY'RE STORAGE UNITS.

>> STORAGE UNITS. >> YOU GOT ONE ON THE LEFT-HAND SIDE, TOO.

>> HE SAID THOSE AREN'T ALLOWED. >> ARE THEY GOING TO BE RELOCATED SOMEWHERE ELSE OR

THOSE TWO UNITS JUST DON'T HAVE THEM? >> THOSE TWO -- MISS PRINCE?

>> IF I MAY. >> SURE. >> MR. CHAIRMAN, TERESA PRINCE, TO TOMASSETTI AND PRINCE. THIS WAS SUBMITTED BEFORE THE LAST ROUND OF TRC. TRC SAID THOSE BUILDINGS BE REMOVED ON BOTH FACING VERNON

[00:55:04]

AND 13TH. THE NEW TRC PLANS THAT WILL BE SET FOR FINAL SIGNING AND EVERYTHING DO NOT SHOW THOSE BUILDINGS. THEY ARE STORAGE SHEDS FOR LAWNMOWER OR WHATEVER YOU MAY NEED. WE HAD THOUGHT ABOUT MAYBE COMING BACK AND ASKING FOR A VARIANCE TO HAVE THEM, BUT AFTER TONIGHT, MAYBE NOT.

CERTAINLY THEY WILL BE REMOVED. WE WERE JUST TRYING TO PROVIDE STORAGE FOR THE HOMEOWNER.

>> I UNDERSTAND THAT. IF I MAY SAY SOMETHING, I HAVE SEEN THINGS HAPPEN TIME AND TIME AGAIN. I HAVE GOT NO PROBLEM WITH THE PROJECT.

THAT'S NOT A PROBLEM. I DO HAVE A PROBLEM WHEN THINGS COME IN FOR APPROVAL, GET TO BE A DOCUMENT OF RECORD AND THEY'RE NOT CORRECT. AND THEN THEY GO INTO THE FILE AND THEN SOMEBODY COMES BACK LATER AND SAYS, OH, WELL, WAIT A MINUTE.

WE HAD THAT 10X10 ACCESSORY BUILDING. IT'S NOT THAT MUCH TROUBLE FOR THE ARCHITECT OR CONTRACTOR JUST TO TAKE THAT OUT TO MAKE SURE THAT'S ACCURATE COMING IN HERE.

I HAVE SEEN THIS HAPPEN IN THE YEAR THAT I HAVE BEEN IN THIS COMMUNITY WHERE IT HAPPENS AND WE DON'T DO IT PROPERLY. IF WE DID LEGAL DOCUMENTS AS SLOPPY AS WE DO SOME ARCHITECTURAL DOCUMENTS, WE'D BE IN TROUBLE. THAT'S MY ONLY POINT.

WE WOULD HAVE HOPED THE BOARD WOULD HAVE SHARED THAT DISCLAIMER IN THERE THAT THEY

ARE GOING TO MOVE THAT SO IT'S IN WRITING. >> YES.

MR. COOK, WE ARE HERE TONIGHT FOR A VARIANCE OF THE ORIENTATION OF THE BUILDING AND THE SET BACK, NOTHING TO DO WITH WHAT'S IN THE SETBACKS. I'M WITH YOU 100%.

I SHOULD HAVE PROBABLY SUBMITTED AN AMENDED PLAN. WE WERE ADVISED WE NEEDED A VARIANCE TWO DAYS BEFORE THE APPLICATION DEADLINE. WE WENT BACK TO THE TRC AFTER THAT. I FULLY RESPECT THIS BOARD AND I SHOULD HAVE MADE SURE THAT THE ABSOLUTE RIGHT COPY GOT IN THERE. I KNEW THE SETBACKS WERE CORRECT AND THAT'S WHAT WE ARE ASKING FOR TONIGHT. WE ARE NOT INTENDING, FOR THE RECORD, TO HAVE THOSE ACCESSORY BUILDINGS THAT ARE SHOWN ON THE SITE PLAN THAT FACE 13TH OR VERNON. THE OTHER BUILDINGS THAT ARE ALLOWED WILL BE THERE.

FOR THE RECORD, I CAN RECOGNIZE THAT. >> THANK YOU.

>> THANK YOU. >> ANY OTHER COMMENTS OF THE BOARD? ANY OTHER DISCUSSION? DOES ANYBODY WANT TO MAKE A MOTION?

>> I'LL MAKE A MOTION. >> ALL RIGHT. >> I MOVE TO APPROVE CASE NUMBER 2019-11 AND I MOVE THAT THE BOA MAKE THE FINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW PART OF THE RECORD. THAT BOA CASE 2019-11 AS PRESENTED IS SUBSTANTIALLY CLIENT WITH THE COMPREHENSIVE PLAN, LAND DEVELOPMENT CODE TO WARRANT APPROVAL AT THIS TIME.

AND SO TO BE NOTED THAT THE ACCESSORY BUILDINGS FACING VERNON AND SOUTH 13TH STREET WILL NOT BE ALLOWED. AND THAT BOA CASE DOES MEET, ASIDE FROM THAT, THE CRITERIA FOR GRANTING A VARIANCE. SPECIAL PRIVILEGE, LITERAL INTERPRETATIONS, MINIMUM VARIANCE, GENERAL HARMONY AND PUBLIC INTEREST AND THE REASONS FOR MY FINDINGS ARE WE'RE JUST

AGREEING WITH STAFF. >> WE WOULD HAVE A SECOND. >> SECOND.

>> BARRY HERTSLET ON THAT. SAMANTHA WOULD YOU CALL THE VOTE.

>> MEMBER MOCK. >> YES. >> MR. PAPKE.

>> YES. >> MR. HERTSLET. >> YES.

>> CHAIR MILLER. >> YES. > MOTION PASSED.

>> MOTION PASSED. >> YOU HAVE SOME NEW NEIGHBORS. >> GOT SOME NEW NEIGHBORS COMING. NECESSARY. YES, SIR.

NEW BUSINESS? OLD BUSINESS? DO WE HAVE ANYTHING?

>> THAT'S IT FOR NEW BUSINESS. BOARD HAS ANY OLD BUSINESS THEY WANT TO DISCUSS?

[Items 4 & 7]

>> I THOUGHT I SAW WE WERE GOING TO START SAYING THE PLEDGE OF ALLEGIANCE.

IT WASN'T ON THE AGENDA. >> THAT WAS TOTALLY MY FAULT. I MEANT TO SEND A REMINDER TO SAM TO CHANGE THAT. SHE DIDN'T PUT IT ON HERE SO I OVERLOOKED IT.

THAT WAS MY FAULT. >> WE WERE READY THOUGH. >> WE WERE READY.

BARRY, YOU EVEN PRINTED IT OUT JUST IN CASE I FORGOT THE WORDS. >> THAT WAS CERTAINLY OVERSIGHT BY STAFF ON THAT REQUEST. LOOKING FORWARD TO 2020 WHEN IT WILL BE ON THERE.

>> PERFECT. >> IS THERE ANYBODY HERE THAT HAS BUSINESS BEFORE THE BOARD OR

[01:00:02]

THAT WOULD LIKE TO SAY ANYTHING BEFORE WE CLOSE THE MEETING? BOARD MEMBERS? ANYBODY? W WELL, IT'S BEEN A GOOD YEAR.

>> DO WE HAVE SOMETHING IN JANUARY? >> WE HAVE TWO CASES FOR

JANUARY. >> OKAY. >> GOOD START TO THE YEAR.

>> WE MADE SOME HEADWAY. I APPRECIATE EVERYBODY THAT'S VOLUNTEERED THEIR TIME AND COMING DOWN TO BE PART OF THIS BOARD AND KEEP THE CITY WORKING. THAT'S WHAT MAKES IT ALL HAPPEN.

APPRECIATE THAT.

* This transcript was compiled from uncorrected Closed Captioning.