Variance Request (Consent) - Robert D. and Johnnie J. Wood - Reduction in the Required Rear Setback from 25 Feet to 20 Feet for a Small Lot of Record in an R-1MH Single-Family/Mobile Home District - Northeast Pasco County - On the East Side of Lawrence Road, Approximately 255 Feet South of Delong Road, Containing Approximately .30 Acre.

2:00:05This is item PC sixteen, which is a variance request in the names of Robert D. and Johnny J. Wood. It's for a request.

2:00:15P C fifteen.

2:00:18PC 15, thank you so much. I did specifically say that to the clerk a second ago, so I must be going seamless. Thank you. Thank you, thank you. PEG 242107. This is a variance request for a reduction in the required minimum rear setback from 25 feet to 20 feet for a small lot of record in an R1MH, which is a single-family mobile home district. The names of Robert D and Johnny J. Wood. The site is located. In northeast Pasco County on the east side of Lawrence Road, approximately 265 feet south of DeLong

2:00:48Road.

2:00:52Okay, this is not working for me.

2:00:57Thank you. I'm gonna run through some of these slides. Um the site consists of lot ten block two of the Hillcrest Manor Subdivision, which was recorded in nineteen fifty-nine, and that's important as we talk about a small lot of record. It contains a site-built home that's on approximately point three zero acre. A small lot of record is a lot that existed prior to the adoption of zoning that was located within the original zoning district and does not meet the The minimum requirements for the district. The land development code specifically

2:01:27states that single-family dwellings may be constructed on small lots of record in conformance with the required setbacks, lot coverage of the nearest district where the minimums can be met. This particular lot is more consistent with the R2 low density residential district. It's 0.30 of an acre. R1MH requires a 20,000. minimum lot area and a lot that's at least 100 feet wide. This particular lot needs more like the R2 setbacks which for R2 district minimums.

2:01:58The minimum or setback for the R2 district is 25 feet. The applicant's certificate of occupancy for per for a permit for the site-built home was placed on hold as a minimum of 25-foot rear setback was not met. For this application, for the permit process, this is actually one of the first ones that I've personally seen, has the applicant utilized a private provo provider for both plans review and for inspections. The setback issue was not actually discovered by county

2:02:28staff or the actual office staff until the applicant submitted for his as-built survey. So we are finding that the actions that necessitate that necessitate this variance are as a result of errors that were from a private surveyor. So when the private surveyor actually placed the actual flags on the property, the flags on the property were placed consistent to where the an existing chain link fence, which is on the parcel that's adjacent to this property, to the east. and

2:02:59uh on the fence line. And then the form boards were also set based on the survey and inspections were conducted by the private provider. So the applicants have provided a petition of no objection that is signed by property owners adjacent to the north-south, northeast, and across from Lawrence Road.

2:03:18This is the actual site plan with the variance. So it's about one 20.1 feet from the rear property line. It's required to be a minimum of 25 feet. The applicant also has provided for the record a cost estimate for the removal of an oak tree. It's a very large oak tree that's located to the west of the parcel. So if the applicant has to move that that um the the house or you know west for example it

2:03:48would um that oak tree would have to be removed and it's quite a bit of money um just just to sh to supplement the record. The recommendation from the Planning, Development, and Economic Growth staff is that you approve the request with conditions as stated in your agenda packet.

2:04:07Thank you very much.

2:04:09Did the applicant submit a site plan?

2:04:11The applicant did submit a site plan in and that was put into the building permit record and that is um attached in the file. And again, as I stated, that's it was reviewed by a um private provider. So again it wasn't it wasn't reviewed in the office.

2:04:32I got questions about Sure, of course.

2:04:35So do we have the site plan?

2:04:36We do, um just giving us a second or a couple of seconds to the

2:04:39right-of-way. How was the site plan reviewed by the private provider?

2:04:43So the private provider reviews the plans and the uh and the site plan?

2:04:50Building is the s doesn't the private provider only administer the Florida building code?

2:04:56That's my understanding. But is in

2:04:58our site plan the Pasco County zoning code?

2:05:02That's correct. So

2:05:03how's the private provider review the zoning code?

2:05:06The um I spoke to Building Construction Services and they stated that the survey that they received Which I I attached it, even though it does say twenty feet, that the survey that they received was I I couldn't find a survey that stated twenty five feet.

2:05:24But there was one initially.

2:05:25It it is, but I just can't I can't find it in the record. In a cellar.

2:05:30Well and in the presentation we say it's the private surveyor's fault that he mark the property line at the fence, but I'm looking at the survey that's in the package and it says bound iron pipe. And that's three point nine feet west of the fence and then there's another found iron pipe down at the other corner and it's four point four feet from the fence.

2:05:50So he didn't

2:05:50mark the fence, he's got it marked away from the fence.

2:05:54Mr. Wood can answer those questions. I believe that what was on the site is different than what is shown on paper. that was physically what was physically there on the site.

2:06:05Okay.

2:06:08Okay. And m Mr. Wood the applicant?

2:06:10Yes. And he's here. Physically here.

2:06:13Very good. Any other questions for Penny? Okay. Mr. Wood?

2:06:21Can you state your name and address, Mr. Wood?

2:06:25Robert Wood. Um the owner of the property?

2:06:29Your n your name and address.

2:06:30Address,

2:06:31okay. Uh [address removed]. Okay. And you've been sworn, right? Yeah, this is one. Yeah. You've been sworn. Yes. Okay. All right. Go right ahead. Tell us

2:06:45your story. When we bought the property, we had a surveyor come out, place the uh m the surveys and the stakes for the house that we wanted to build. Um and also did the elevation uh mark for us. When we we we we got a survey from him, we put that into the building official building application. Um took for a while. to get the permit back.

2:07:15Once we f uh we were t you know, we was at twenty five feet. Um we got our permits and all no nobody moved the stakes. where they were supposed to be at five. But if you look at the survey there, uh or actually the Pasco County site plant there, you'll see that the back neighbor of ours, his prop his fence is five feet onto his property,

2:07:45not on the property line. So when the guys came out and married They measured off the fence, and that's where the states were at. And so they assumed that that was 25 feet and that's where the house was built. Nobody caught it throughout the whole project. And we had the Sup out there, we had private providers, block layers, nobody, we just missed it. That's the truth. Okay.

2:08:16You're a licensed building contractor?

2:08:18I do.

2:08:19You didn't have the surveyors take out the house?

2:08:22Yes, sir.

2:08:25The surveyor surveyed it to square it off of the property and give us the elevation of the marks. So did you submit a site plan with your building permit application? I did. Do you have a copy of it? Uh you that was the one that was on the screen, but I do have it. Well that shows the house being twenty feet from the property line, not twenty-five feet from the property. At at the beginning, yes. That's what it showed. That that was the b uh that survey that you see there, that's what I submitted. That was the first um

2:08:57no house was built there or anything at that time. He just marked it. And that's what we submitted. Well

2:09:04no, Den Denise was saying you submitted one that had twenty-five feet originally and that's the one she said she couldn't find. So this is okay. This one says twenty, so I think you're you're confused. Yeah,

2:09:15this is not so if it showed twenty-five feet it would have showed it in the tree because the fence is only four feet from the

2:09:22property line. What if you take a tape measure from that fence? as to where the house is it's twenty five feet.

2:09:32Okay.

2:09:34Were you saying that if you have to move it five feet, you'd have to take it take out a big oak tree?

2:09:41Yes, sir. I got a I have a I pulled the cheapest one I have was ten thousand eight hundred dollars. Thirty thirty-six inch wide oak. But I didn't I didn't get that until after I found out. So

2:09:55I I wouldn't be in favor of moving something five feet and lose a big oak tree. That makes sense to me. I wouldn't build a foundation on top of the tree roots of a big oak tree.

2:10:06Yeah.

2:10:11The tree roots will just basically

2:10:14What kind

2:10:15of a house do you have there?

2:10:17I also went all all the way all around the neighbors and I asked them and every everyone signed a petition. Say that they didn't object to the house being built there.

2:10:31Yes, there's all the slab.

2:10:34I'm not gaining profit by doing this. It was d I don't know what to say. We just missed it. Mm-hmm.

2:10:43Well and you save the oak tree by doing that. Is the the house completely built now or

2:10:48it's

2:10:48pretty completely built. So what stopped you from turning the house the other way? or building a house that was wider and shorter. It's not like you have a setback a side setback you're up against.

2:11:02We just preface we just like the the way we look that way.

2:11:08How many houses have you built? Five. I'm I'm actually a agricultural barn builder. I build real luxury horse barns. I don't build a lot of houses. And uh we're building this for my son and then he backed out on me after we got started, so I'm stuck with a house. So did the private provider review the drainage plan too? Uh he t he did everything,

2:11:33I say. Um I'm trying to figure out how that how that works because the drainage plan isn't in that's part of our land development code, the requirement to submit a drainage plan, and I'm trying to figure out how a private provider Who's only licensed to to review against the Florida Building Code starts reviewing things for compliance with the Pasco County Land Development Code. I'm trying to figure out how that works.

2:12:00Well, I know that they're asking us they they wanted us to put gutters on both sides for drainage. So We're

2:12:08okay Well that's interesting 'cause the drainage plan's actually in here in the package and I don't see that. All I see is a bunch of squiggly arrows and I'm trying to figure out how the squiggly arrows def demonstrate compliance with either land development code or the Florida Building Code or

2:12:28Also trying to figure out how you can submit a signed and sealed plan with no title block, address, anything that's required by Chapter 471 of the Florida statutes, but that's the engineer's problem and I'll deal with him later.

2:12:41Uh this shows the the where we have the survey show where the water drains, if that helps you out. Yeah,

2:12:48okay.

2:12:52Mm. Who staked out the house? Because in the staff report, in your explanation for the variance You say that the st you here you've testified that the surveyor staked out the house, but in the variance application in the package, then you blamed it on the concrete guys that they staked it out in the wrong place. So I'm trying to figure out who's on first.

2:13:14No, what

2:13:14I'm say what I

2:13:16said was The surveyor came out, surveyed the property, staked out where the house was going to be built, and he did the elevation. At the beginning, no house, it was an empty lot. Once we got the permit, the the guys that uh did the circ the the foundation, the block, measured from the fence.

2:13:39Well why would they need to measure that was already staked?

2:13:41Huh?

2:13:42If it was already staked, why would they need to measure it?

2:13:45That's what I'm saying. From the from the fence to the stakes it's twenty five feet.

2:13:53So they double they're saying they double checked. They double checked the existing stakes. So the surveyor staked it out and then then when they went to pour the foundation they double checked and then they saw it was twenty

2:14:04five feet as well. And the fence, the the the existing old fence there was five foot on my back neighbor's property, not on the property line. If it had been on the property line, the mistake would have been caught. But I I didn't even catch it. I didn't catch all this until they asked me for a f uh an as built survey. That's when I found out.

2:14:28I thought it was not enough.

2:14:31And like I said, I'm not gaining nothing on this. I'm not making a extra dollar. I'm not hurting anybody. It was a true mistake.

2:14:40I guess the problem that I'm having with this, and I'm sorry if I'm raising my voice, somebody complained that they're not able to hear us back there. I don't know Eric they said the speakers or something aren't on back there.

2:14:53Yeah.

2:14:56The difficulty that I'm having with this Is that now we can just walk in and say, well, the private provider did it and you guys just gotta live with it because the private provider did it. It wasn't my fault. But You could have had the county building inspection do it. I'm still trying to figure out Nobody's been able to answer me how the private provider's reviewing Site plans and drainage plans which are requirements of the land development code, not the

2:15:26building code. Because the private provider is only licensed to review against the building code. So I'm trying to figure out how that works.

2:15:39I do know during the pandemic er they wanted us to use nothing but private providers. And that's you know, I

2:15:47don't know.

2:15:48Well,

2:15:48I've heard some county commission discussion that that they're not too happy with the private provider.

2:15:53I'm never gonna use it again.

2:15:56And I would tell you that I have a job site right now where one of the very large private providers is full of it. And there's multiple building code violations and plumbing code violations that they just sign off on left and right.

2:16:13A at the time the uh the Hunter Pandemic that's what we were all encouraged to do. I d I d I've never used them. I don't plan to use them again.

2:16:27Well, I mean I don't think there's really a real easy way around this and and I think my just my judgment, 'cause now I've no what no proof. Seems to me that this man is truly just a victim of circumstance. Maybe he didn't do things as thoroughly as he should, but it was i people make these mistakes. We see 'em all the time. They get to close to a road, get close to a tree, be close to a fence and y it's a judgment call. We have to decide whether

2:16:59You know. Who won that?

2:17:02Ultimately it's not negatively impacting his neighbors. Right. Yeah.

2:17:06And I I personally don't I don't like this being an after-the-fact. I mean that's really my my whole hang-up on this thing, is it's an after-the-fact and we're coming in here asking for forgiveness. However, if I in in my opinion, if I'm looking at this like if this was pre-construction, he was coming in to ask for the variance to reduce the rear setback, I don't think I'd have a problem with that. because of the conditions of the tree. So That that's the

2:17:29But and and Jamie, I'm in the same place as you are. Had this come in on the front end I probably would have absolutely determined there there was a hardship because of the tree and we don't want to kill the tree. My bigger issue and I recognize this may not be your fault. I still haven't gotten an answer. I'm still not understanding how a private provider is reviewing plans that are under the jurisdiction of our land development code

2:17:59and zoning code, not under the jurisdiction of the Florida Build-In Code. 'Cause they're not allowed to do that. And no one's allowed to delegate that authority to them. I guess if the county wants to hire somebody to come in and review Zoning plans and drainage plans that's qualified to do that, but the building department doesn't have the authority to just allow. our land development code to be under the jurisdiction of a private provider. If

2:18:30that was the case, I'd submit every one of my site plans to a private provider and not Brad's department back there.

2:18:38Well I I think in this case I think it's just some kind of situation where you know, it's what's been done has been done. We just have to decide whether we're gonna make him go back and redo everything, which I think is unreasonable. And or we're gonna give him forgiveness this time. And uh and move on.

2:19:00I agree with you. What I'm trying to figure out is the staff hasn't been able to answer how this isn't gonna happen. in the future private providers reviewing against our code.

2:19:10Yeah, I I would help. I'm wondering yeah, and I'm wondering uh maybe we can get the staff after we Hopefully get a motion on this um to give give us whatever explanation they have available. Maybe it had to do with the pandemic at the time. I know there was a lot of things going on during the pandemic.

2:19:31I can answer the question. It's just that I don't have anyone from Building Construction Services here to answer that. I'm only getting this information from a very kind colleague who used to work with Building Construction. services that is telling me that the private provider would not have reviewed the drainage plan, or drainage plan would have been reviewed by our our county staff that is responsible for reviewing the drainage plan.

2:19:58Okay.

2:19:59Well Mr Chair, I'd be ready to make a motion, but I'm not sure if he's finished with his presentation. I know we have to call for public comments and Yeah.

2:20:09Uh well

2:20:10we're gonna take uh any public comment if there is any, and then we'll make a motion one or the other.

2:20:17Uh

2:20:18You'll know in a few minutes. You'll

2:20:22know the answer in a few minutes.

2:20:27Okay. We're we're gonna is there any b is there anybody here that wants to speak on this issue?

2:20:35Okay, well I don't see any Mr

2:20:36Chair, I don't have anyone signed up to speak on that.

2:20:38Nobody signed up to speak. So why don't we make a motion? Somebody make a motion. Move approval of the variance. Second. Okay, so we have a motion to approve the uh the request and we have a second any further discussion not all in favor signify by saying aye aye opposed like sign Okay, you can take a deep breath now.