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PDD 21087 variance thirty foot front setback and wetland impact

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The county’s agenda for Planning Commission, Nov 19, 2020

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The county’s minutes for Planning Commission, Nov 19, 2020

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What was said

Transcript

Machine transcription of 37m of recording, with speaker names inferred from voice matching. 82% of 170 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

Read it in the meeting →
Denise

Okay. Denise Hernandez Planning and Development. The following item is PD D twenty one two zero eight seven. This is a variance request in the name of Sashin Shaw and Sarmela Sharesta. And it is um the parcel is located in south central Pasco County on the east side of Rain Tree Road, approximately thirteen hundred and fifty feet south of Rainbow Lane. The request is for a reduction in the required minimum front setback from 50 feet to 30 feet in an AR1 agricultural residential district. Um

in front of you is the site plan with the variance showing a thirty foot front setback. And um the impact into the wetland. Here's the site plan without the variance throw showing a fifty foot front setback and greater impact into the wetland. This is the wetland delineation survey that shows approximately 0.33 acres of upland area and 1.03 acres of wetland area. The parcel

consists of an undeveloped lot in the Meadowbrook Estate subdivision, which consists of the north 270 feet of lot 14. The subject parcel contains category three wetlands. According to the wetland line determination, as I stated previously, 0.33 upland acres and 1.03 wetland acres. The applicant has submitted an application to the Florida Department of Environmental Protection. The Florida Department of Environmental Protection has requested that the applicants revise the location of the single-family dwelling and pool, moving the location to the west

in order to utilize feasible uplands located on the property. They will require of course a environmental resource permit from the FDEP. And um there the staff recommendation is approval with conditions as included in your agenda packet. I did submit to the um The Planning Commission nine letters of objection and the subject property is the wetland property that is shown on

the east side of Raintree and the stars show the letters of objection that were received with respect to the location of the property. So there's objection to the north, objection to the south, to the east, to the southeast.

a a thousand four hundred or so feet feet to the northeast and about eighteen hundred feet to the northeast as well. And then there's an object a letter of objection also that comes off of this map which is almost a mile southeast of the request. Here for any questions, the applicant is available and we do have folks at the public comment kiosk to speak on the matter.

Christopher B. Poole

Okay, thank you Denise. Um is the applicant present or do you wish to hold uh Hold off until you hear from the those in opposition.

Denise

Mr. Shaw, would you like to speak now or would you like to wait?

Unidentified speakerVoice A

Hey, hi, uh Denise and um Planning commission Um Good afternoon. Thank you. Yeah, I can wait. Uh whatever is good for you guys, I can wait. Sorry, I have my six year old with me and there's a background noise. I'm sorry about that. Okay.

Christopher B. Poole

So um I I guess Anyone else who is present to speak at the public kiosk?

Denise

So we'll take comment from the public comment kiosk please.

Chris Moss

Hello, my name is Chris Moss. Address is [address removed]. I'm here to speak on PDD 21087.

Denise

Mr Haw, have you been sworn in, please? Have you been sworn in? Thank you.

Chris Moss

My property is adjacent to this lot to the east. I not only represent uh my property, but also neighbors surrounding as well. We have some others here today that we'd like to speak. As you've heard, you've received uh a lot of objection emails. So all of those that were notified of in the neighborhood have objected. Um We also through the surrounding Neighborhood have passed around a petition of objection to any development on this lot where we currently

have 36 signatures. There's about another 10 to 12 uh residents that object, but we were not able to catch them at home for a signature. I have copies of the emails and uh which I know you already have copies of, but also the uh petition I'd like to submit to you as well. Uh a couple of points. On the objections and which are on the emails. In the application for this variance in section 3C, it states that the comment or the applicant is asked to comment on the statement:

the alleged hardship was not created by any person presently having an interest in the property or was created as a result of a bona fide error. The response in this application states that the hardship was not created by anyone having a result or having an interest in the property. It was recently purchased to build a single-family home and it was discovered that wetlands were on site. The statement is clearly misleading. I personally spoke to the landowner 10 days after he closed on the purchase of this property to let him know it's mostly wetlands.

There are a lot of problems that you will see with building on this lot, setback, wetland mitigation, wetland septic, all of these issues. He assured me at that time that he had already done his due diligence. He already knew everything that was going to be required. So to imply in this statement that it was discovered like it eyes up and perfect was misleading. There's also a statement in section 3D saying that it will not affect the public or community and will actually be beneficial with the setback to reduce the mitigation impact. Now, granted,

reducing the mitigation impact would be beneficial, however, any impact in this area would be detrimental to the neighbors in the community. This community was platted in the late 70s, and as the neighbor or the area has grown up around it. Okay. All of those areas that have been built up have drained their rainwater runoff into this neighborhood. We already have significant flooding concerns. We already are underwater whenever we have just normal summer rains. Any reduction to the capacity of this

wetland will impact everyone else around the neighborhood. Um Another issue, and I know that this would be with the Department of Health, however, the proposed location of the drain field in this site plan is well inside the 75 feet requirement of the health department. Uh

sorry. I'll get three minutes.

Christopher B. Poole

Okay, thank you, Mr. Haas. I think your time is up, is what Denise is saying.

Michael J. Cox

Yeah, Mr. Chairman, I think we need to receive and file the petitions as such that he uh presented.

Christopher B. Poole

Uh okay.

Michael J. Cox

The Love,

Christopher Poole

etc. Second.

Chris Poole.

Christopher B. Poole

Okay. Uh all in favor? Roll call vote?

Clerk

Michael Cox?

Michael J. Cox

Aye.

Clerk

Peter Hansel?

Michael J. Cox

Aye.

Clerk

Christopher Poole? Aye. Chris Williams? Aye. Chairman Girardi?

Denise

Aye.

All right. Um the following person at the kiosk, please.

Jaimie Girardi

D Denise, can we get somebody to get what was received and filed so we can get it to the court?

Denise

Yes, I'll do that.

Christopher B. Poole

If you can state your uh name and address and uh state whether you have been sworn.

Charles Hoffman

Yes, I have been sworn in. My name is Charles Hoffman. I reside at [address removed]. Lutz, Florida, um in response to PDD twenty one-two zero eight seven. We are objecting to this variance for multiple reasons. I'm going to add on to what Chris Haas just said. The current conservation area, which is basically what it is. It maintains a lot of the runoff from the area. It was already

designated a wetlands area 25 years ago and was told to people looking to purchase it it was unbuildable at this time. All of a sudden now we can build on it if we remove the wetlands, I guess. So I've also had contact with Swift Mud John Powanda. I've also talked with George out of Pasco County Engineering. Um they have also evaluated that the pipe drains that property across rain tree up to Meadowbrook is

also over capacity. So any building on that lot is already going to affect that drainage system. We're down to everybody in that neighborhood has one acre to build on. You're looking at a piece of property that has 0.33 buildable area on it. And you're going to affect the wetlands and cause a lot of problems. With that being said, everybody involved in this purchase was made aware of the wetlands and that it was a non-buildable lot. This is

no secret. I've been in this area 50 years and we know that it's not a buildable lot. To ask for this variance is is a waste, waste of everybody's time, and it's going to be detrimental to the entire neighborhood. A drive-by by anybody that has any Ecology sense is going to understand that you cannot put a house on that property without affecting the wetlands, the drainage, and all of the affecting neighbors. And like Chris Haas said, we already have a

drainage issue that I have actually been working with the Sierra Pines Coalition with, and that we still don't have a resolve on what needs to be fixed. So we very much oppose this variance and I hope that you look closely at the impact that this is going to have on the community. Thank you.

Christopher B. Poole

Thank you, sir.

Charles Hoffman

Yeah.

Denise

If you would just please state your name and address to the record and whether you've been sworn.

Teresa Muzzio

I've been sworn. My name is Teresa Muzzio and I live at [address removed], and I'm here in regard to the petition VA208. I sent you an email as well as the other people. We want to make sure those emails are part of the record here. We are in opposition of this. I will tell you that I am on the south side of that property. And when I look at the plan and I show retention pond and piping that is

piping the water uphill, because my water flows from my back into this wet. Land. And now you want to pipe that water upward into my property. and flood out my driveway. And that is totally unacceptable. Twenty years ago when I bought my property I was told by Pasco County, because I am lot fourteen. The lot 14 was split in half.

I live on the front half. The back half is wetlands. And I was told it was non billable.

So I have a real problem with this and I really want to make sure that everybody understands the impact it's going to have on me as a homeowner that has lived on this property for 20 years. and paid property taxes. and have a problem with water already On the road. In the ditches and on the back side of my property. So, why would you allow someone to build there and impact all

the neighbors that are already having a water problem in a negative manner? And what really surprises me is why in the world anyone would think it would be okay to pump water. Uphill off of somebody's property into my property. It's totally unacceptable. That's all I have to say.

Christopher B. Poole

Okay. Thank you, ma'am.

Denise

Is there anyone else at the public comic kiosk?

Jaimie Girardi

Those are the last speakers.

Christopher B. Poole

Okay, thank you.

Would the applicant like to speak at this time?

Denise

Mr. Shaw, if you would just please provide your name and address for the record and whether you've been sworn.

Mr. Shaw, are you there?

Cj Green

Hi, this is C J Green, uh Mr. Shaw's environmental consultant. I don't know if if you can hear me.

Denise

Yes, Mr. Green, would you provide your name and address for the record and if you've been sworn?

Cj Green

Um I was I was earlier when she didn't want I raised my hand in the beginning.

Christopher B. Poole

Okay, yeah, just your name and address, CJ, please.

Cj Green

Uh my name is CJ Green with uh Merriman Environmental. The address is one zero four zero eight Bloomingdale Avenue. Riverview, Florida. Three, three, five, seven, eight.

Christopher B. Poole

And you said you have been sworn, correct?

Yeah,

Cj Green

earlier when they were thinking of meeting.

Christopher B. Poole

Thank you.

Cj Green

Um I just wanted to say I know There's a lot of opposition in the with the represents. Um, but they're not actually looking at what the variance is for. The variance is to reduce wetland impact. Um the variance is isn't to build, is to reduce impact. And I don't understand why people are Opposed to reducing wetland impacts. Um teas And over backwards and gone through so much um To try to get this property bill in He

will be one of the only properties in the area that actually has their own stormwater system. There's no water getting pumped. It's a technical engineered stormwater system. Um so that's gonna take care of all the button. Um As for the wetland impact, there are give wetland mitigation credits bought for.

Charles Hoffman

So

Cj Green

Wetland impacts will be offset. Um there will be no flood impacts and uh floodplain impacts have been adjusted. Um so by anybody opposing the variance is is really a proponent of more wetland impacts. So I'm I I don't you know, I just want to say that the variance needs to go through to reduce wetland impacts. That's that's the bottom line. It's it it's we want to reduce. We don't want more wetland impacts. Um And that's really all I you know, all I need to say is we

want to reduce them. If the variance does not go through, that's more wetland impacts that are gonna happen. So that's what I appreciate it. Thank you, Commissioner.

Christopher B. Poole

Okay. Thank you,

Unidentified speakerVoice A

CJ. Hey CJ, thank you. Sorry, this is uh Mr. Shah. I don't know, I got dropped from the Webex. I'm back

Denise

Mr. Shaw, please provide your full name and your um address for the record and if you've been sworn, please.

Unidentified speakerVoice A

First name Sachung, last name Shah, seventeen two nine five, Drentry Road, Lutz, thirty-three, five, five, eight.

Denise

And were you sworn in?

Unidentified speaker

Uh I'm on the WebEx. So I guess You have to sold me in?

Denise

Yes, please. Uh the clerk will do that in a second.

Unidentified speaker

Okay, thank you.

Clerk

There you Mr. Shaw, will you raise your right hand and do you swear or affirm the testimony you're about to give is the truth, so help you God.

Unidentified speaker

I do. And Mr. Shah, you have uh five minutes.

So I don't know

Unidentified speakerVoice A

what CJ explained, as you can tell, I'm not a technical guy. I'm the owner of the land. I don't know a lot how this works. I just wanted to say I was there when Chris made a comment and my another neighbor. I just wanted to let you guys know when I purchased this land, it was marked as a buildable land. I purchased through the realtor. And I was told it is a buildable land. That is true. And when Chris called me I guess he was saying

ten days ago, I think that is true. And he did uh say that I have to go through multiple process, this and that. I was actually frustrated at the time when he when we talked because I had a multiple call people interested in buying this land. and I was um not really um talking too much with the people but he did mention I'm your neighbor, I'm from the community and we had a good talk for fifteen minutes. And he put his interest on buying this land and I told him this

land was on sale for so long I have six year old, I that is a great area. I wanted to build a family, it is a great school zone, and that is the reason I love nature. And that's the reason I wanted to bought and I like that area. Um so that is there. Uh again, Mr Chris reached out to me, I believe, back in May and he put in interest on buying the land again. I mean I think he was asking I have the text message and he was asking me.

What is going on with the property and if I had any plans, if I wanna sell it, something like that. So uh that is true. My other neighbor, I don't know, like I said at the time I had uh many calls And I believe there was another folks from the community they wanted to buy the land. And my my co I mean again I don't know. Like I said, I am individual buyer and actually I learned a lot on the drainage issue and all this through this email coming in. and it's never putting up together

and I really do feel for them. I do. And I learned a lot about the area. I learned a lot about this wet wetland throughout this process. Now And CJ is environmental from the merryman. I did talk to County At the time. I believe, uh, when I was before I talked to Chris and I talked I asked them, what is this wetland, how it works, and I was told it is category three. Isolated wetland if I recall. And uh so

I can go through the process, but I have to work with the DEP Uh, environmental folks and go through the process. That is what I am doing. Even this variance request is per. D P request. So that uh we can minimize the wetland. My whole goal. I made a lot of concession in my project. As CJ might have said, I don't know if he did or not. But we made a lot of change on the site plan. I reduced my

size. We moved things around so that we can. minimize the wetland uh impact. So trust me, I'm doing everything uh that on my end so that we don't impact the wetland. But again, I'm taking a lead from CJ, Merriman, they are Santes, they are professional on this, I'm working with the county, I mean DEP and you guys. So I I mean in Nutsell, like I said, I'm individual, I bought the land. uh to

build my family. I love the area. It's a great area. I was not fully aware of the whole thing. Uh now on the retrospect, if I knew I had to go through all these hopes and uh I mean n all this process probably I would not have chosen it. Trust me. And uh so So that is there. Uh I just wanted to say Thank you to you all. Thank you to my neighbors. Thank you for

your comments. Um I would appreciate if you guys approve it. Uh, may God bless you and I will take your decision whatever you make. So thank you all.

Christopher B. Poole

All right. Thank you, Mr. Shaw. And I I guess just for clarity, I know CJ Outline this, but for those in attendance, I mean that the the question being asked today is a of variance to reduce the setback. Um I we're not here to say whether he can or can't build the house. Um this is a a a front setback reduction variance that's being applied for. So Um in essence that would reduce the impact to the wetland in the back of the lot. Um I I guess Denise,

being a a single family lotter I guess is there anybody here that can answer this, what what is the process with the county? I mean, obviously a building permit, but is there any other permitting?

Denise

Yeah, so I believe we have uh both Will Poon and Melissa Charbonneau from natural resour Will Poon from Planning and Development. Who uh can talk about maybe stor some stormwater engineering and Melissa Charbonneau who can also talk about wetlands from she's with natural resources. So they're they're here to answer those type of questions if you'd like. They will have to submit a drainage plan and you know and and things like that, but you know, my subject matter experts can um definitely articulate that in a better way than I can.

Christopher B. Poole

Yeah, I guess Will, can you explain or confirm what they'd be required to submit?

Unidentified speakerVoice B

Sure. This this is well. Will Pooncy Engineer in Crow Planning. Uh can you do me a favor and pull back up your slide where it had the exhibit with the wetlands?

Okay, so I I assume everyone can kind of see that. Survey if you notice the delineation of the wetlands, and then there's also a flood zone. Designation also of A.E. And it's actually flood zone AE uh 55.9 is the base flood elevation. And also typically in situations like this, uh and and probably uh um Melissa could probably speak more to, but you know, in wetlands and areas and flood zone, floodplain

areas, it's it's common that both lines or delineation is kind of similar because that's a depressional area where floodwaters and and so forth will pond. And so based on FEMA The flood zone for this particular lot, if you notice, is pretty close, if not almost the same as the wetland line, as you see delineated there, which encompasses, I would say, 75% of the lot. So imagine flood waters will rise to that elevation

right there where you're pointing during a base flood elevation, the 55.900 year storm. So there is significant uh impact if you propose to Build a home that may require fill or a structure, driveway. septic tank improvements or anything of that nature that impacts the flood zone, floodplain area. It requires the applicant to address

our land development code section 902.2 D5, which is flood planning encroachment. And for that code, you have to provide equivalent compensatory, compensatory storage volume for the impacts you have. So in essence, whatever you fill or impact that flood zone floodplain area, you have to make it up somewhere else on your property. So therefore Even if you could impact any part of it, you still gotta make up that same volume somewhere else on your property.

More than likely you have to be in the remainder of the upland areas to make up for the difference. So there's gonna be a lot of physical challenges to this parcel, from what I can tell. And even if attempting to submit for building permit that requires a drainage plan that addresses those concerns that I just mentioned about floodplain encroachment and the grading of the proposed improvements. And also, I believe it's subtle tank out here in this area. So obviously, it will also we require a department

of health uh septic tank permit. And my understanding is, and of course it is the responsibility of the Department of Health, but typically septic tank needs to be at least 75-foot separation from any surface water. So, you know, wetlands is considered a surface water area. So I there's gonna be some challenges, I think, here also keeping that 75-foot minimum. and so forth from the balance itself. So those

are the things that part of the building permit application that we would expect to see when it's submitted to the county for review. Those things there that I just mentioned. And also one other thing, it is hydraulically connected. If you look at the Pasco Mapper aerials. There is a hydraulic connection that goes north. If you notice on the survey, there is a drainage easement. And so if you go north It actually connects to a bigger area of wetlands also. So there

is a hydraulic connection between this Wetland on this particular parcel and the adjacent wetlands north of these lots. Oh I Milletree Road. So Anyway, make further

Christopher Poole

questions let me know. Thank you. So so m Mr. Chairman Mariano That's a question I I had one of the uh residents mentioned a conservation area. Is there any official conservation easement in in this area that's recorded?

Denise

So there isn't a conservation easement recorded on the plat, if that's the question. There isn't a platted conservation easement recorded.

Christopher Poole

And the clarification on the resident's um question about or comment about there being a conservation area.

Denise

I think um I I'm only assuming that what's being said is that the wetland area is the conservation area. Okay. So wetland and conservation, those terms are used, you know, interchangeably.

Christopher Poole

Yeah, but there is no there is no formal easement that's that's recorded on that?

Denise

No, not a formal easement recorded.

Christopher B. Poole

Okay, and and did you say Melissa's there as well?

Denise

Melissa's on as well. I guess

Christopher B. Poole

Melissa this my question, does the county in this case would they defer to D E P for the wetland impacts or th is there additional permitting or approvals or mitigation on the county's behalf that this home or property owner would have to do?

Keith Wiley

They have to provide since it is category three um wetland, they have to provide documentation from the Florida Department of Environmental Protection Protection that authorizes that impact. And they have to show that they are mitigating that impact if that's what the department decides needs to be done.

Christopher B. Poole

Okay, thank you.

Chris Williams

And that would be either on site or through like a uh mitigation impact?

Christopher B. Poole

I

Keith Wiley

I believe um Marriott Environmental Purchase Bank Credits or that's what was recommended. And it's a lot.

Jaimie Girardi

Mr. Chairman

Keith Wiley

Mariano.

Jaimie Girardi

Melissa, is there any required upland buffer to a category three wetland?

Keith Wiley

Not on Sindh family homes according to the state regulations. They can go right up to the wetland line. There is no required setback for wetlands. You're welcome.

Christopher B. Poole

Okay. Any other questions from up here?

Jaimie Girardi

I I have a question for the engineer, Mr. Green.

Christopher B. Poole

Okay. Go ahead, Dave.

Jaimie Girardi

Mr. Green, are you requesting any variances from any of the floodplain regulations or wetland regulations that were Described by Mr. Poon or Ms. Charbonne.

Cj Green

No, no. We're planning on uh using a mitigation back. Oh, we're gonna have to buy medicine.

Jaimie Girardi

For the site.

Do you intend to fully comply with the regul the the floodplain regulations that Mr. Poon mentioned?

Cj Green

Correct, correct. Yeah, we have to that's why it's w there's actually gonna be a stormwater pond on a single family home, which is kind of unheard of to be honest. I mean you don't see too many s uh engineered stormwater ponds and single family homes, so Um so yeah, all the floodplain impacts are gonna be addressed. We are unfortunately having to re redevelop right new commands. They're passed away, so now we're having to redevelop the thing. Um so there are gonna be new plans coming out with, you know, all the comments and the redesign

of you know, if the variance is granted with the house being pushed forward, um which will reduce the Overall impacts to the floodplain, too. It's not just gonna reduce wetland impacts, it will reduce the floodplain impacts. As you said, it's basically the same line.

Jaimie Girardi

So basically to sum it up, the only variance you need for this site is the septical variance. You don't need any other variance.

Cj Green

Correct, correct. And the in you know it's not dependent on the variance um Honestly, I mean the the DEP still will you know, permit the site with the proper mitigation, which is what we're going through. Um So Um so yeah, yeah, it's it's all It's all being done properly.

Unidentified speakerVoice B

Uh David, may I add something to that please? Thank you. Okay, so I wanna clarify that's not necessarily true. Just because you min it you minimize the impact to the wetland doesn't mean that takes away from the from the volume that's required for flood zone, floodplaining. Keep in mind the flood floodplains based on the elevation of fifty-five point nine and the existing grade. So if you if the existing grade is at fifth you know less than that anywhere up to that point on your property, just because

you minimize the wetland impact doesn't mean that you minimize the volume that's required. That expectation is still needs to be provided on site. And it's based from the seasonal high water up to the grade. So you gotta really keep in mind, you say you create a pond, just because it's a pond doesn't mean that you have enough volume. It's based on the seasonal high water up to the grade. So therefore that volume is based on that, not just the pond that you may construct.

So therefore I really seriously you re look at what you're engineering. Because it may not be as much volume that you'll be able to compensate on site as you think due to the other improvements that you have on site. So it's a cut for cup compensatory storage volume requirement.

Right now, but I see you're very limited in uplands. And you have your septic tank, I saw from your original design, which I'm worried about needing 75 feet separation from the wetlands. So there we there's a lot of challenges, but obviously those things you just gotta be aware of. And I just want to clarify. Thank you. Very good.

Roberto Saez

Oh, uh Mr Mr Chair, this is Brad Tippen. Can I speak for a second?

Christopher B. Poole

Yes, Brad.

Roberto Saez

Go ahead. Thank you. Uh yes, Will, that's absolutely right. Uh this is absolutely going to be a challenging site to develop, and I think that that's why the applicant has actually gone the distance of hiring a stormwater uh specialty engineer. uh to to deal with that. But to answer David's question specifically is uh there is we we won't know if there are any other alternative standards or anything of that nature that might need to come to uh come to fruition

until we actually get the engineering on the site. uh to look at. However, as far as we know, there are no more variances that would be required. This is the only variance. And my understanding is that if this variance is not approved, the home could still be constructed. It would just have more of an impact on the actual wetland itself.

Jaimie Girardi

Well I guess Brad, given your point, I my concern is that I think the biggest concern is the drainage, more so than

And if they seek an alternative standard or in In the future for drainage Will that come back to the Planning Commission?

Unidentified speakerVoice B

I think it's an alternative s this will. I think it's an alternative standard that it can be done administratively, I believe. But I would not support it, just to let you know up front.

Jaimie Girardi

Well Okay. I mean it's up to the Planning Commission, but you could improve this variance with a condition that any any alternative standards related to drainage come back to the Planning Commission for approval, but that that's really up to the Planning Commissioner.

Christopher B. Poole

Okay.

Christopher Poole

So under the conditions approval, so it's all required permits, does that include mitigation requirements? I mean the ERP permit obviously, um building permits, what what Could you clarify that what all required permits are? Or could we expand that like David said to say all required permits?

Jaimie Girardi

It they need to get other permits, building permits, they need to submit drainage plans. There are there are various permits that need to be issued.

Christopher Poole

Right.

Jaimie Girardi

I think what Will and Brad are saying is if they try to get a deviation from our code. on footplain or drainage that can be approved administratively by staff, in which case the the citizens wouldn't necessarily Have an opportunity to make comments on that. Okay,

Christopher Poole

understood.

Jaimie Girardi

Unless you impose a condition that on this variance that says that of any other Variances related to floodplain or drainage come back to the Planning Commission for approval.

Christopher B. Poole

Okay. Denise, I don't know if this is applicable or not, but I mean, anybody else on Range Tree, do they all meet the fifty foot setback requirement?

Denise

Okay, so I can answer that question. So two two lots down from this particular parcel, uh north of this parcel, there is a house um that the Front setback for the actual structure itself does meet the 50-foot setback, but then there's actually a porch that projects, which the land development code does allow a projection of a porch up to four feet. So it's approximately 46 point something feet or 47 feet from the front property line. Additionally, Ms.

Muzio, who spoke on the record earlier does also have an a California a Carolina carport type of a structure, so it's a metal structure where she parks her recreational vehicle. Um That that is at thirty feet and less in some areas without a variance.

Christopher B. Poole

Does that count as like an accessory structure or

Denise

it still has to meet the front setback. All accessories have to meet front setbacks.

Christopher B. Poole

Any other questions up here or if not, uh I'll maintain a motion.

Michael J. Cox

Mr. Michael Cox, I'll move for approval.

Christopher B. Poole

All right. Uh motion for approval. Commissioner Cox, any second?

Unidentified speakerVoice C

I'll second that Peter Hansel.

Christopher B. Poole

Peter Hansel second. I guess just before we vote again, once again and obviously this is just an approval for the variance of The setback reduction. I mean this isn't approval for them to build. They can build no matter what. I mean it's just this this reduces the amount of mitigation and the amount of floodplain compensation that that they have to account for in their design. So Just want to make sure that's clear. Uh there's a motion for approval in a second. Uh no further discussion. Do a roll call vote.

Clerk

Michael Cox.

Michael J. Cox

Yes. Aye.

Clerk

Peter Hansel?

Chris Williams

Aye.

Clerk

Christopher Poole? Aye. Chris Williams?

Chris Williams

I don't vote on this matter.

Clerk

Mm. Chairman Girardi.

Chris Williams

Aye.