PDD-24-0017

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TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 81% of 37 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

1. 1Oct 10, 2023
   Board of County CommissionersP86Public hearingApproved

   Approved minutes

   Approved the item per Staff’s recommendation by a roll call vote.

   Open this item →▶ Play from 1:48:01
   ▶ 1:48:017m

   Jack MarianoChair

   1:48:01Aye. Okay. Thank you all very much. Uh item P eighty six.

   Kathryn Starkey

   1:48:05P eighty six was advertised in the Tampa Bay Times August twenty-third, twenty twenty three, and by affidavit with certified mailings and site postings.

   Liam Devine

   1:48:15Item P86. Good afternoon, Leam Divine, Planning and Development. PDD 24-0017. It is the appeal for Planning Commission's decision on April 6th, 2023, denying variance petition BA2103 for a reduction in the front yard setback from 25 feet to 20 feet, and a reduction in the side setback from 10 feet to 8.5 feet in an R2 low density residential district. The subject site is located

   1:48:45on the south side of Victoria Road, approximately 215 feet west of Shelfle Road. This is an aerial view of the site.

   1:48:56The surrounding future land use is Res 6. The surrounding zoning is R2.

   1:49:04This was the site plan with the bearings.

   1:49:10And this is a site plane without the variance. This should look familiar because during the board hearing on September 5th, the app um the applicant and the neighbor west of the site um came to an agreement That the applicant shall provide a culvert, gutters and downspouts to direct towards the water towards the culvert, architectural features and landscaping.

   1:49:35During that BCC meeting on September 5th, the BCC continue the item to today's meeting in Dade City so the applicant and the HOA of the associate Lake Pageant Association can meet and come to an agreement and provide input. On September 11th, that applicant met with the Home Knows Association and came to agreement for the following: gutters and downsmouts to direct the water to the front culvert to correct drainage flow and install an underground advanced drainage system to install a culvert to

   1:50:05plant two additional trees, bringing the total number of trees to three.

   1:50:14no additional landscaping so not to alter the current appearance um with the homes in the neighborhood. Um however any new homeowner um can plant their own landscaping. The applicants of HO builders shall complete an improvement project at the community playground and then the Homeowners Association did not require any additional architectural features and did not want the garage to be cut off the five feet. Again, no new testimony may be heard or presented. Review

   1:50:44is limited to the transcript and record from the PC hearing. The BCC may re-weigh evidence previously presented at Planning Commission and may modify, adopt, or reserve, reverse legal conclusions and conditions of PC.

   1:51:02And this is coming with a recommendation from staff to grant the appeal overturning Planning Commission's denial of the variance as the appellant has complied with the request of the BCC to meet with the HOA and the neighbors addressing their concerns, additional conditions may be imposed on the appellant as discussed in our agenda memo.

   Jack MarianoChair

   1:51:23Okay. Thank you. Any questions, William? No. No. And Commissioner Bradford, Commissioner Weightman, any questions?

   1:51:35Well Liam, let me say thank you. Great job. This was a tough one for the residents and the in the builder. Thanks for working on all of it.

   Liam Devine

   1:51:43Thank you. I I will say I've had a lot of help with the County Attorney's Office, Elizabeth Blair and Denise Rondez. So I do want to thank them on that because they helped me present that why I was away last time.

   Jack MarianoChair

   1:51:52This wasn't an easy one. Thank you. So we a a motion to make it a little bit more. Mr Chairman

   Unidentified speakerVoice A

   1:51:57Mariano before Liam So are there any conditions I I don't see an approval document in the package. I maybe

   Liam Devine

   1:52:08on what your vote would be, but the conditions would be laid out in your finding of facts.

   1:52:17Um number three, A through F.

   Unidentified speakerVoice A

   1:52:20Okay. So the so the conditions that staff is proposing which to the extent we can implements the the the private agreement between the association and the builder are laid out here. There may be other conditions in their private agreement, but They're not county issues. But what staff has done is they have delineated What would what we would be looking for and

   1:52:50the and three A through F Well, three A through

   Liam Devine

   1:52:59I would say um C. Well it

   1:53:06I think E would be included in that.

   Unidentified speakerVoice A

   1:53:10Uh those th those lettered letters under three that are conditions would be part of your approval if you decide to uh set aside the Planning Commission, overturn the Planning Commission's denial of variance and grant it. the approval document would reflect those conditions. Correct. Did I just confuse the board? No.

   Jack MarianoChair

   1:53:36Okay.

   Nancy Hazelwood

   1:53:36Time to have a covered.

   Jack MarianoChair

   1:53:39All right, any further discussion?

   Seth Weightman

   1:53:43Oh, Thank you. So if this house here ever sells, it won't be any issue selling this house. in a in

   Unidentified speakerVoice B

   1:53:53a second transaction. I just wanna confirm and I never decided to live with them forever, so they cut a deal. I just wanna make sure if this thing resells For however long if it doesn't there won't be any any issues that have to come back before this board.

   Unidentified speakerVoice A

   1:54:08Well once the record once the variance is approved and the and the appeal time expires and it's recorded, it would travel with land. and future buyers would um would uh have the uh have the variance uh our code the code is varied as to this particular house as whatever is set out in your variance.

   Jack MarianoChair

   1:54:32And there's a And there is someone signed up for public comment, but from what I understand we cannot take public comment because we already closed the public comment portion.

   Unidentified speakerVoice A

   1:54:40Public comment was closed and this was an appeal to

   Jack MarianoChair

   1:54:42start. So the person that did sign up we cannot take any more input. We gotta work with what we've got. All right, so is

   Ron OakleyVice Chair

   1:54:49there a motion? Some make a motion to approve their agreement.

   Kathryn Starkey

   1:54:53Okay, District One, Commissioner Oakley. District Two, Commissioner Weightman. District three, Commissioner Starkey. Aye. District four, Commissioner Bradford.

   1:55:05District 5 Chairman Mariano.

   Jack MarianoChair

   1:55:08Okay. All set. Well done. Thank you all.