fill out if you would like to speak or receive a copy of the final decision on any case on today's agenda. If you think you might want to speak during the hearing, you will need to complete a speaker form. Once the form is completed, please hand it to our clerk. I'm Barry Buenaventura, an attorney with Kahn and Buenaventura PA in Tampa. I've been appointed by the Board of County Commissioners to be a land-use hearing officer to hear variants and special exception cases. If anyone has a pending case in which I or my firm is representing you, please bring that to my attention. I have reviewed the cases and I'm not aware that that is a circumstance, but we do want to avoid any potential conflicts. The cases will be called in the order listed on the agenda unless there is a request for a case to be taken out of turn. These hearings are quasi-judicial. that means that they are to be based on competent substantial evidence presented during the hearings and they require due process. The county will present the county's review and recommendation on the case first and then the applicant will have an opportunity to present any additional information they may have. After the applicant has concluded their presentation, I will open up the hearing for public comment. This is the public's opportunity to provide information and express their opinions on the application. If you have any questions that come up during the presentation, you can ask them during your time to speak. Please do not ask questions or make comments from the audience while others are speaking at the podium. The county, the applicant, and I will note questions that you raise and try to have them answered following the close of public comment. When it is your turn to speak either for your case or during public comment, please state your name and address for the record into the microphone. These proceedings are recorded and it is important that you speak clearly into the microphone to ensure an accurate recording. After public comment closes, the applicant in the county will be given the opportunity to answer any questions or reply to comments that may have come up during public comment. They will also be able to make concluding statements. The hearing will close for each case following the concluding statements of the parties. My decision will not be given today, but will be provided in a written final order within 14 days of today. Again, if you would like a copy of the decision, please fill out the form on the back table and provide it to the clerk. For the record, I want to note that I have received no ex parte communications. That means that nobody has contacted me about these cases outside of today's hearing. If anyone should need an interpreter, please let the clerk know and the county staff will try to arrange one for you. All testimony today must be given under oath. So I will now ask our clerk to swear in all speakers. If you're going to address the land use hearing officer on any case today, please stand. Raise your right hand and answer out loud to the following question. Do you swear or affirm the testimony you provide today? Is the truth the whole truth and nothing but the truth? Thank you. The first item up on the agenda is the minutes for the July 25th, 2024 land use hearing officer meeting. We can show those minutes as accepted. And now moving into new business. The first item on the agenda is LDLSE 2024-5. Eric Peterson for the land development division. Our first case LDLSE 2024-5. Daniel Diaz is requesting a special exception to park a commercial vehicle, a 2007 Freightliner truck at their residence on approximately 0.95 acres within a residential neighborhood. The property is located at 1820 Bates Road, north of Bates Road, south of Patterson Groves Drive, west of Patterson Road, surrounded by the city of Haines City in section 16, township 27, range 27. On August 13th, 41 mailers were sent to area property owners. One board was posted on the property August 2nd. A legal ad was published in the Polk Sun News on August 14th. Aaliyah Inglema is the case planner. Good afternoon. Aaliyah Inglema with land development presenting LDLSE 2024-5, the Diaz special exception. The applicant is requesting a special exception to park a commercial vehicle, a 2007 Freightliner truck at their residence on approximately 0.95 acres within a residential neighborhood. The subject site is located at 1820 Bates Road, north of Bates Road, south of Patterson Groves Drive, west of Patterson Road, surrounded by Haines City and section 16, township 27, range 27. The property is located within a residential to future lane use and in the urban growth area. The property has frontage on Bates Road and Bates Road is approximately 20 feet in width. The vehicle will be parked about 20 feet from the northern and western property lines. The applicant was cited by code enforcement in the past for parking a vehicle at this location and code enforcement division staff investigated and discovered a truck parked at the front of the property and the owner is seeking approval for parking the commercial vehicle on the on site. Access is proposed from the south side of the parcel on Bates Road. The subject site is approximately 0.2 miles from highway 1792 and 1.4 miles to highway 27. A commercial driveway apron is required to protect Bates Road from the stretching caused by the vehicle's turning movements on and off the property. This vehicle shall continuously meet the screening and buffering requirements listed in section 2-16-D commercial vehicle parking and storage of the Polk County Land Development Code. Staff recommends approval based on the site plan provided by the applicant in recent visits to the site. The proposed placement of the vehicle will be on the rear of the primary structure and shall meet the screening and buffering requirements. A commercial driveway apron is required to protect Bates Road from the stretching caused by the vehicle's turning movements on and off the property and the surrounding roads near the property have no weight restrictions and I'll stand for questions. What is the minimum lot size in this district? In RL2 it is 15,000 square feet. And you said the site is two-tenths of a mile from highway 1792 and what was the other distance you provided? 1.4 miles to highway 27 and 0.2 miles to highway 1792. Do you have a site plan you can put up? So the star and there's a glare on the screen but the star on the screen is the approximate location of where the truck will be parked? Correct. Okay and your code requires that it be at least 20 feet from a property line, correct? Correct. Okay there's a statement in the staff report that the truck will be parked within 20 feet of the the neighbor's property to the west. That was an error. It's going to be at least 20. At least 20 feet. Yes, correct. And the buffering that will be required in what approximate location? Is it the entire property line? Just the distance of the or the length of the commercial vehicle? How is that addressed and enforced? The buffering will surround the commercial vehicle just where the commercial vehicle is. So just the location on the site plan where the vehicle is designated to be parked? That's where the buffering will be? Correct. Thank you. Hello, you are the applicant? Yes. Okay and if you could start with um giving us your name please. Daniel Diaz. Okay and your address? 18-18-20-Baitrow. Thank you. Okay thank you and it looks like we have an interpreter so we're going to need to have you sworn and then I'll need your name as well please. Raise your right hand. Do you swear or affirm that you truly and correctly would translate English into Spanish and Spanish into English here today? Thank you. Please. Crystal Morales, address 5026, Elon Crescent, Lakeland, Florida. Crystal C, how do you spell crystal? Oh with a K, I'm sorry. Mr. Diaz, have you um you heard the presentation from staff? Um do you did you understand it and do you have any questions about it? He just says that he has seen it and he agrees with it. He just wants to additionally add that he would just like the request approved for economic reasons and he even has a letter from the neighbor to the west that she is not bothered by the situation. Am I correct that the vehicle is currently parked there and this this was a code enforcement matter? No. Okay where is the vehicle currently parked? He said it's in his friend's uh commercial vehicle parking lot. Okay how far is that from your property? Approximately six miles. So if this is not approved is that where you would park the vehicle long term? He said no. Do you know what you would do if you don't don't get approval? He says he's not sure he's doesn't know. And then um if you could tell me how you use the vehicle sir? So he's contracted with a company and he picks up and drops off their items for them. So transporting goods? Yes. Do you have more than one commercial vehicle? He only has one. If this is approved um are you aware that you would have to construct a commercial driveway to your property to support the vehicle? He said yes. He understands that if approved he will have to do the driveway and he said he will do it. Okay uh and also if approved there cannot be any maintenance of the vehicle performed while it's parked on your property? He said um is it okay if he washes it? Um I I think that would be okay but I'm going to leave that up to the county. Okay um is there anything else you would like to add? He said no that's all. Okay thank you. Um I will now open up this application for public comment. Is there anyone who came here today to speak regarding this application either for or against? If so now is your opportunity. Seeing no one we'll close public comment. Um anything else from staff? No ma'am. Okay thank you. We're done with yours now sir. I will go back and you know write the order and it will be sent to the county within two weeks but your application won't be discussed any further today. And okay um next up then we have LDL SE 2024-6. LDL SE 2024-6. Robert Peeney is requesting a special exception to park a commercial vehicle a 1986 Kenworth W900B at the his residence on approximately 4.74 acres within a residential neighborhood. The subject property is located at 38 Coyer Road north of Lake Mabel Loop Road south of Tanner Road east of HL Smith Road outside the city of Dundee in section 25 township 28 range 27. On August 13th 17 mailers were sent to area property owners one board was posted on the property on August 1st. A legal ad was published in Lakeland or in the Polk Sun News on August 14th 2024. We have five speaker cards filled out uh to speak uh when you open it up to the public would like me to bring those up. Yes please that's fine thank you. Kyle Rogas is the case planner. Good afternoon Kyle Rogas with land development. Staff recommends approval of this special exception to park a truck and trailer within a residential district. The subject property is located in an agricultural residential rural land use district where minimum lot sizes are five acres. Properties five acres or larger do not uh do not need a special exception for commercial parking in residential districts. The lot is slightly below the five acre requirement so it will have to go through this special exception and this special exception will only allow for one commercial vehicle provided they conform to the standards in 2.2 16.d in the Polk County Land Development Code. The neighborhood consists of both single-family dwellings and mobile homes. Lot sizes can range from less than one acre to 6.2 acres. The average lot size along the north end of Coyer Road where the subject site is located is 2.5 acres making the subject site the largest at 4.74 acres. Much of the surrounding area is old citrus groves allowing new growth both inside and outside the city of Dundee. The applicant's property is 4.74 acres with ample space for parking. The neighborhood uh the neighboring property to the west is well vegetated along the property line which will conceal the view of the truck from locations off-site. The proposed vehicle parking is within 200 feet so it will need to meet the screening and buffering requirements. Screening will require to extend along the entire proposed parking space minimizing most of the visibility from neighbors and then this was the site plan that they submitted. Site plan shows that the commercial parking will only be on the west side of the primary structure. Measurements indicate that the proposed commercial vehicle parking will be 30 feet east from the west property line requiring a type b landscape buffer. The proposed commercial vehicle will be 200 feet away from the east property line not requiring any additional buffers. I want to re-emphasize that this special exception is only going to be allowing for one commercial vehicle. Obviously this picture dictates that there's multiple commercial vehicles on property but this special exception will only be allowing for just one commercial vehicle truck and trailer. So this is a photo taken on the north end of the proposed commercial vehicle parking space facing south towards Courier Road. This photo is also taken on the north end of the proposed commercial vehicle parking space facing further north towards the neighboring properties to the rear. And then these were the photos submitted by the applicant of the commercial vehicle proposed to be in this residential district. Staff recommends approval. This special exception meets the standards listed in section 216d of the land development code. It's important to note that this request will only apply for one commercial vehicle on property. Any additional commercial vehicles on property will be subject to any current or future code violations. Approval shall be valid for one year or shorter and can be renewed. This approval is not transferable and it does not run with the land and I will stand for questions. Okay so there were or have been a number of vehicles on site and they have selected one that is for the application not just any one but a particular one. Correct. So you noted that there is heavy vegetation on the property to the west. Is additional buffering still required or is that sufficient? Yeah that vegetated buffering will have to meet the code standards in section 720 of the land development code or they can opt to have the opaque six foot minimal height fence to be completely surrounded by that vehicle parking. And so is what's their client with the code? That would have to be brought up to the type B landscape buffering. Okay so it's not it doesn't currently meet that there's some there but that's not enough? Correct. Okay and then no buffering is required on the other side because it's more than 200 feet from the eastern boundary. That is correct. Okay and other than the speaker cards that we have here today I take it there have been no other calls or letters or anything received? No we have no recorded responses from the public from the advertising. Okay okay um is the applicant present if you could come forward please and when you get to the podium if you could start by giving us your name and address please. Robert Peeney 38 clear road Haines city 3844. Okay um you heard the presentation from staff is there anything you would like to add in support of your application? Other than the three that were there before are retired trucks they're just antiques so i guess the different code for the trucks is different than a car so they're not they're not usable they're antiques but they're not there anymore i sold them so i'm only doing for that one truck and that's it and the reason i'm having it at the house i call rock and roll bands around broadway shows and i got two million dollars or more sometimes in the trailer and they wanted to protect it at a location so they don't want a regular lake parking place. There's no uh refrigerator unit on your vehicle is there? No there is not. Okay um staff has proposed a number of conditions if this um special exception is to be approved um including uh that you can't perform any maintenance of the vehicle on site? That's correct maybe i'll wash it but that's it. Okay um and it is just for the one? Correct it could be a van or a flatbed but it's mostly a van depending if i'm hauling the staging but it won't be the other trailer there that would be somewhere else. Okay Okay and that you would also need to construct um at least one commercial driveway up to the county's standards. Okay um how often does the vehicle come and go from your property? Sometimes i'm out for six months sometimes i'm out for three weeks so it doesn't go every day. So you're sometimes gone with the vehicle for weeks or months at a time? Yes. If this is not approved where would you park the vehicle? It's up in Orlando Florida now. Paying rent somewhere i assume? I'm paying 225 a week for it to be parked in a secured lot. Is there anything else you would like to add? No i understand what you gave and i accept it. Okay thank you. Thank you. I will now open up um this application for public comment um we do have a number of people who have signed up to speak um i have the speaker cards in front of me and i'm just going to go through them in the order that i have um i do not know if that's the order that they were received in or but you know there's no particular order um so i'm going to start with doug lane lands i'm sorry i'm having trouble reading the last name and um again as you come up to the podium if you could um start with your name and address please doug lane nine courier road and um it says here on the card that you are in opposition but if you could um provide your comments please uh well to me i've been there over 20 years now and we haven't had that big of an issue but we have recently within the past year we've had another outfit down the road that has dump trucks they go down the road all the time um i know i've seen trucks in and out of the property i question right now several times and to me it's just it's a uh it's a residential area there's there's no reason to have a business out there like that we moved out there for a reason it's nice and quiet and peaceful and we just don't want to hear trucks coming up and down the road all the time i understand his situation but i i just disagree with it okay um the dump trucks that you mentioned you said um they're at another property down the road so not this property just not this property no down the road and okay there's already been issues from them okay they were caught dumping stuff at our lake so it's just i you know like you said it'd be no maintenance or anything but from what i understand when those people moved down there was no maintenance either but they work on trucks all the time and they were caught recently dumping tires and oil down at lake trask okay other people on a different property different property okay i just we just don't want to get out of hand that's all we want just we moved out there for peace and quiet we all have animals and stuff i just i understand situation but you know we like to peace and quiet okay uh can you tell me approximately how far your property is away from um mr peeney's property uh i'd say uh probably 300 yards okay maybe a little bit more he passes my property to get to his hey anything else you'd like to add i think that's it okay thank you uh the next speaker is ray pelland if you could come forward please and again start with your name and address my name is ray pelland my address is 4135 tanner road which runs parallel with coyer road and what i first like to say is that property that's in question um has been asked my wife ex-wife and mine for 43 years we've had that property and it's a it's a nice neighborhood has always been a very good neighborhood um in there and it is a residential neighborhood and it's not a not a commercial neighborhood and i don't like wouldn't like to see it as a commercial neighborhood because of the cul-de-sacs for one thing they have to go around the cul-de-sacs to go down the road which now is the road and the the noise and the and the traffic and the vibrations um of the vehicles the heavy trucks going down there disrupts the animals and uh and the children is there the dump truck issued down at the end of the road i was working with uh miss lisa from the inspection department building area and we had figured it out that they were working on trucks which also disrupts the area and is you know it's not considered a residential if we have one truck one commercial truck in there that's you know that's a violation of the of the of the area in there so um we're just hoping that the court will you know decide to keep it a residential quiet neighborhood because it's the only simple little neighborhood around their private neighborhood around that area so and to be so i make sure that i'm clear the dump truck that you're referencing and the activities that was on a different property that's on a different property i believe that's number i think it was number 42 um down there let me let me confer with that excuse me susie what was the number on that 35 four seven yes anything else you'd like to add no i'm just i just hope to hope the court considers it and and takes it into consideration that we do not have any commercial vehicles on the residential properties there i have seen as many as as five or six um trucks on that property at one time okay well the application that's before the county today is for one vehicle only should it be approved you consider one one vehicle only is still that's a commercial vehicle correct sir and and the code allows up to one vehicle if certain conditions are met so that's what's being considered today okay anything else you'd like to add thank you okay thank you and my next speaker is christina zuko as i said my name is christina zigo i live at 32 courier road um just right next door to the west of mr peeney and i'd first like to say that we do we have a wonderful neighborhood uh we've been there for 30 years and while we welcome all neighbors that that that want to come in and live in our neighborhood as a neighbor we've found it very distressing we've already suffered the ill effects since mr peeney has arrived very quickly he came in and without any permits pulled at all started putting asphalt everywhere that was not permitted it is already deteriorating and grass is growing through it to support what we saw four trucks always and one time five up until last week there were still two trucks three weeks ago there were four trucks he's just moved them out the trucks don't stay seated as he said for months and all that um last week and i have a recording on my phone there i don't know if it's the engine or if it's the cab that somebody's sleeping in the front cab or whatever but it's right next to my butt my bedroom window where he has this one truck parked even though we have some grass area there um it kept me up all night because i hear very well and this noise went on until the next day it started about three in the afternoon it went on to the next day till i got back from a bible study that i went to which was like 12. and so i was happy that it stopped but when we when the the first problem we had is when he started bringing in all this heavy equipment bulldozers things pounding the ground my chandeliers were vibrating when i sat on my couch looking at the television i was vibrating i was very upset so i called this went on for a week and a half i called the county and they said well i don't know what's going on out there but so many people have called we better get out there to take a look well it took them another week by this time he had laid so much asphalt that it was horrific it smells we have a lot of gopher excuse me gopher turtles which are protected in florida and our our pasture has been dedicated to that whenever we have to mow we always check and we have markers to make sure we're not disturbing any boroughs as the as the requirements say in the law um the the bulldozing happened without any concern which where were the boroughs were what was going from one property to the other so we don't know if anything was you know rolled over or not there was no concern for that uh every morning before with all before you came in deer used to run through that area our yards and go that they no longer do uh because of all that and the the smell still to this day it's been months now that's that that asphalt is out gassing um if you're if you're on my on my um east side of my home you can smell it it was not just my house that was vibrating at the time but several other neighbors you know down the way we didn't know if it was going to do damage or what that's why we were asking please come and check what's going on if there's no permits and we never saw mr peeney we looking but we never saw him so we thought okay let the let the county handle it the other concern as you see in these pictures uh that you had up of the truck there are no sidewalks there because of the type of area that it is uh rural and for and the children when they walk up and down the road that has many curves um they have to walk on the side of the road on the grass and you know how kids are jumping and playing going up and down to the to the bus stops for school they're you know they're already you have to watch out for them and with trucks going back and forth that's very hard when you have a long vehicle like that the vehicle that they show sometimes has a different cab um sometimes there's a white cab and sometimes there's a red cab um four times it's happened where they kept something running all night long as i said my husband saw someone sitting and he thought someone was staying overnight one time it was for two days i don't know how you can keep anything running for two days but that's what happened i don't know what type of motor where but it was it did disturb sleep because that's right where my bedroom window is that area that you saw that had vegetation that's right where it was about most that i could remember the main concern is with one truck he has known for months they they told him you have to get all the trucks out of there but one that you're requesting and he hasn't done that so there's no good faith shown i i find it hard you know i would like to believe him but i find it hard to believe that one truck that the law will be followed for that one truck the way that it said the shape the shading the not working on it not interchanging it with other trucks all of that that that will happen because we haven't seen that yet okay um if this is approved and the conditions are not complied with and that is a matter for code enforcement um if this is approved it would only be for one vehicle the one particular vehicle that has been applied for um and the conditions would have to be met or it would be a matter for code enforcement um and if before you go if you could um provide me the spelling of your last name it's z like zebra i go thank you thank you and uh the next speaker i have is susie short let's start with your name and address please okay i'm susie short oh that's real loud i'm susie short 28 corrier road three houses down from their house or their property and what i first want to say is that um like tina said i've been out there 45 years i have horses i have dogs i have goats i ride my horse up and down that road and around the you know the area and it's very safe and everybody does that you know a few people now move they don't have horses but i do still there's just a couple left on that road but um it's the kids the kids i worry about there's a lot of um young couples that have children and they walk down there with their little stroller with the children and they're and there's no sidewalks like tina said so they have to go on the side of the road but they are with their children and everybody knows it is a dirt it's a dead-end road so everybody knows that you got to go slow for the children and so you know we always go slow and the children play you know not in the road but you know walk with their parents down the road for a little walk and come back so i was kind of worried about the trucks coming and going i know you said there's only supposed to be one truck but even one truck coming and going with the children scared me and of the wildlife we have wildlife out there and we do have deer come out there at nighttime and you know now i'm seeing less and less because of all the noise that was going on in the beginning when he was getting everything ready which i don't mind anybody coming to correa road i've been out there a long time and we always welcome everybody and i even welcome trucks my dad was a truck driver but he tried to park his truck one day because he was ill and he came home this is years ago and the sheriff department came out and told him to move it so my dad couldn't park one truck there you know and he lived here 35 years before he passed away 40 years before he passed away how come he can you know i mean he couldn't even park his truck there overnight just overnight it wasn't going to stay there for months and months so that was kind of an issue kind of like how come he can he couldn't you know but but but that's done and said for but i just worry about the animals i mean i i raise miniature horses and i have horses older horses i ride and you know bigger horses i ride and the children and the noise when they were doing everything my house is three houses down and it was shaking and i'm further back from the road than tina is and another gentleman you're going to hear talk they live like you know tina's house and mark's house and my house and i was still feeling that when the when the when they were putting all the asphalt down and everything but that's all down that's all put down now but um i'm just concerned about the animals and the children and the noise and you know things like that i mean and i moved out there 45 years ago to be out in the country this is country agriculture residential i didn't go out there to do have trucks coming and going that's what i got when got away from you know and all my friends and relatives come and see me they go oh we love it out here so country it's so nice it's quiet i didn't go out there to live in the town if i wouldn't live in town i'd go to lakeland winter haven dundee hayne city i'll go to town i wanted to be out in the country where it's quiet and peaceful and now there's trucks coming and going and i'm not going to say anything about the dump trucks like you said it is down the road and that's being addressed you know but that too they snuck in too so now you let one person sneak in the other person sneaks in and now we don't have country living anymore we have town so i just want to say that you know i don't mind them and i'd love to help them out anything i could help them with but just the trucking i just don't like that because of what's going to happen you know i mean he seems i don't know who i have met him but he seems like he'd probably be a nice person but we just and and everyone on correa road is not against him i don't want him to think we're against him we're not against him we're against the truck because we want country that's what all of us came out there to live in the country people have dogs and pigs and cows and horses and chickens and we don't want trucks want trucks we're going town we we just want it to be nice and let the children play there's one lady that has a dog that that lets she runs her dog up and down the road and you can't do that with a truck you know she she walks runs with it and you know she you can't do that with a truck coming and going when you're not going to know when it's coming and going you know i mean we live on like he said one of them uh tina said or no ray said we have a culver sack we have we have two culver sacks and then the end is a is a dead end you have to go around and it is kind of hard to get your trucks to go down there and around because it is a narrow road you know not you know i guess it's the right size but you know they're going to have to really turn around really easy to get around you can turn around i'm not saying you can't but it's a tight squeeze and um i just want to say that i just want to be country not city thank you thank you next um mark barbie barber barbie yes no more information uh oh if we could start with your name and address please address mark barbie and i live at 30 courier i live two doors down west of uh the property in question okay and uh i'm i'm already tired of the backup beepers so somehow there seems to be a little misrepresentation going on here because it doesn't sound like an old antique vehicle is being parked in the huge parking area but uh it sounds like there's plans for expansion and stuff like that too i mean he built a huge building without a permit out of from what i understand and uh and we my wife and i my wife's a nurse you know at the hospital and and uh we we came out to the country bought a little country place where we can grow some trees and and i have a garden and i got pigs and you know dogs and and i love to hear you know animals beret and stuff like that you know and it's just a wonderful country place and a quiet place it's been a real peaceful place to live and uh and i i don't know like i said the backup beepers and i'm hearing those a lot when i go out to feed my pigs uh i'm concerned about the property values you know i'm going to show my place to some young family with some children and uh and they're going to see a semi and i come up and down the road you know uh that's a real concern you know um as they've already mentioned children living on the street i know one uh elderly lady that walks up and down the road early in the morning uh almost almost every morning and uh you know i'm i'd be concerned for her i mean you know she wouldn't really be able to jump out of the way real quick and um and i'm getting up there too and i i want to walk i need to walk but uh let's see uh it's owned residential it's sound residential is this and i don't even think the truck in question is something that he's depending on living for i mean it's not like he's going to go broke because he like the previous guy who you know dash five uh five you know he that's his mode of living you know and and i could see why he might want that but we're not even discussing something that where a person is at least if it's the truck i have a picture right here that i took on august 10th of three trucks uh none of them are antiques that i'm that i can figure out one of them has a trailer behind it and uh they're parked in that parking area there uh recently i guess they were cleared out but uh i i just kind of see it as a a wedge you know just getting a little bit permission here a little bit more later and you know and that's kind of how i see it so thank you thank you michael cole if you could start with your name and address please michael cole 21 coyer road i live about a three minute walk from the property in question i am very concerned about the slippery slope of allowing multiple vehicles to end up down the road since i didn't know what was going on until very recently because i live uh towards the non-dead end of the road so but i kept hearing all these semi trucks and stuff going down the road and finally i figured out what it was and um you know it appears to me that the property or i understood the property was set up to park multiple vehicles overnight and have odd people coming in and out and and using the property to sleep and you know having all these strangers in the neighborhood and i certainly was against that um with the one vehicle being parked there i mean it looks like uh i almost really don't have a problem with that but i do have a problem about the slippery slope if we're going to allow one and we're going to allow four five six ten overnight parking for you know commercial vehicles campers whatever they opened up a place like that just down the road from us about three miles and i mean that place is full and looks like a dump so i i um want to make sure that uh it's on the record that you know if you guys approve one vehicle that that's it that's all well the application that is before us today is for one vehicle it's not to approve more than one um it would be a question for staff um is it possible for someone to get approved for an additional vehicle once they have approval for one no it's only for one commercial vehicle on property that's the maximum that could ever be permitted yes that is the maximum thank you for your time and i believe the last person who has submitted a speaker card is georgina van gundry if you could come forward please my name is georgina drew van gundry i live at 50 courier road i live east of the property in question just a little reference about this neighborhood the street is only half a mile long there are three circles in it and that's how that road developed the first circle was where the road ended property began to build up they built the second circle property built up even farther and now there's the cul-de-sac which is where i live i have two new drivers a 17 year old and a 15 year old and even though the road is probably standard we do live in polk county and there are a lot of big four by four pickup trucks some of the people that live on our road drive those i have a difficult time navigating the road when there is a four by four large pickup truck coming because the road is just large enough for two vehicles vehicles there are no painted lines on the road i've lived out there for 25 years and never once have we had to have road maintenance on this road my question is what's gonna how are we going to get road maintenance out there with all of this extra traffic from these larger vehicles that's my main concern not a single pothole on the road right now in the 25 years that i've been there anything else you'd like to add no thank you okay thank you is there anyone else who came here today to speak regarding this application seeing no one um i do have a couple follow-up questions that may include um uh mr peeney um and you also have an opportunity to come back up if you want anyway but um just a question for staff regarding the maintenance issue that was just raised um this is a public road yes yes that is correct okay and so how is maintenance handled how you know what should what would happen if um there are maintenance needs on the road this is a local road it's not um one of our top priorities we focus on maintaining the collector roads to a higher standard and local roads uh tend to uh uh be on the low end but they they do get resurfaced um if there were any maintenance uh blemishes on the road as a result of the truck parking we don't really have a process to assess the owner that's why we require the uh commercial uh the commercial driveway from the beginning because that's where the uh road is most likely to get damage from the truck movements because that's where they make a turning movement once the truck is moving straight on the road it doesn't cause as much damage or has a very low potential for damage okay um mr peeney could you come back up please first i will give you the opportunity if you want it to address anything that you may have heard um just now i never remember them running overnight i did start them up the other day when i moved them and i left one running for six hours because it hasn't run since i dropped them there lay back in when i first purchased the place when i purchased the place the real estate said it was agricultural one and it was five now i didn't do my due diligence and make sure that it was five it's 4.7 so that's about it and there will be only one and it's only when i'm coming home to unload the stuff instead of taking it all the way from orlando back and forth to save me some time i'm leaving tomorrow and i'm going to be going for three and a half weeks so that's what i usually do three and a half weeks on the issue of there being different cabs you are aware that um if this gets approved what is approved is what you applied for and not alternating cabs in and out and that's correct one that's applied for okay um and you is there a provision on running the vehicle overnight this is a question for staff is there a is that controlled or regulated in any way uh not to my knowledge that would be something that i would have to put further research into and get back to on that question we would have to put that as a condition of approval uh the one standard is that any refrigerator units not be run but the the time in operation of the vehicle is is something that would have to be conditioned on a case-by-case basis is that even feasible to include as a condition it's difficult for us to implement uh but it it can be implemented uh with you know if if we get reports of uh the vehicles running overnight if we can get taped uh dated tapes you know time and date stamp tapes of the time that the vehicles are running uh we can use that as evidence in a code enforcement hearing if if the operation of the commercial vehicle does not meet the conditions of approval that that's tatamount to the the approval not existing so it becomes a new violation at that point all right well you know i don't know that the application will be approved or you know if it is what the conditions might be but if if this were to include a condition about a condition prohibiting running the vehicle overnight do you have suggestions on how that should be worded you know prohibiting it to be run overnight is pretty vague are there certain hours during which you would want that um prohibited uh we uh on other cases we've uh conditioned uh between you know 10 and 6 a.m 10 p.m and 6 a.m um in certain cases it's been a while since we've had to put such a condition on there anything else you would like to address no okay thank you thank you okay i think our that uh concludes our discussion of that one and we will now move on to ldl var 2024-33 sorry dash 31 ldl var 2024-31 quinn lynn on behalf of pr2 loffman crossing llc requests a two cop alcohol beverage license that is beer and wine consumption on premises within the separation distance a thousand feet of one school and one religious institution the property is located at 6035 north highway 1792 north of highway north highways 1792 south of old kissimmee road east of ronald reagan parkway north of the second the city of davenport in section 12 township 26 and range 27 on august 13th 21 mailers were sent to area property owners one board was posted on the property on august 7th a legal ad was published in the polk news sun on august 14th alia inglema is the case planner good afternoon alia inglema with land development presenting ldl var 2024-31 the myaki sushi variants this is a request for a two cop alcohol beverage license which is beer and wine consumption on premises within the separation distance of a thousand feet of one school and one religious institution the subject site is located at 6035 north highway 1792 north of highway 1792 south of old kissimmee road east of ronald reagan parkway in davenport section 12 township 26 range 27 the site is located within a community activity center future lane use and in the transit supportive development area the subject site is within the loffman crossing plaza the proposed restaurant requires a variance to this distance separation requirement from mater academy and a religious institution mater academy is located at 318 ronald reagan parkway and is about 663 feet from the subject property line the religious institution is located at 63 11 highway 1792 and is approximately 200 feet to the property line mater academy was established in 2022 and the school is located within a residential medium land use the religious institution was established in the 1970s and is located within also a residential medium land use loffman crossing plaza has a pollux and tap that beer house that sells alcohol within a thousand feet from the school and the religious institution shown is the state plan section 224 the land development code requires a separation distance of a thousand feet for establishments with two cop license from schools and religious institution tap that beer house received a two cop alcohol distance variance in 2022 and the public's also received an alcohol distance variance to the religious institution located northeast of the plaza the request would not be interest to the area involved or otherwise detrimental to the public welfare as the subject site is located in the loffman crossings plaza where there is a public's and a beer house that sells alcohol within a thousand feet from the school and a religious religious institution given the nature of the proposed alcohol license relative to the hours of the church staff finds this request will not pose any lane use conflicts and i'll stand for questions does the tap house have the same sort of license i believe so i believe it was two cop yes okay in the past we've had instances where a tenant in a shopping plaza has applied for the same sort of variance to a distance requirement and i was told that that you know if granted that any tenant in the shopping plaza could use the you know have that same use without applying separately so what's different in this situation it's it's the owner of the plaza requests that it be in this case the i i guess the uh entity that owns public's um wants to be notified whenever a tenant is seeking an alcohol beverage license it i don't understand well when you get owner's authorization uh we ask them typically you know do you want it for the entire parcel or do you want it just for this unit and in in often in the case of the public's uh they would they want it for just the unit uh that way if they have a tenant that is adding alcohol they are notified because the owner's authorization is required okay and if it wasn't it then they could apply for the alcohol beverage license on their own and not need the owner's authorization and so in the recent case um and i believe you were the case planner um the difference was that in that case it was the owner of the entire shopping plaza yes yes ma'am but did we not have the owner of that business here speaking on behalf of the application no we had asked them uh when we got the owner's authorization did they want it you know for the entire plaza or did they want it just for the unit and they said for the entire plaza okay thank you now i understand short part it is it's up to the ownership whether they go one way or the other when it has multiple tenants do you know the seating capacity of this restaurant i do not but i'll defer to the applicant and i see that one of the proposed conditions of approval is um is that they would have to obtain the um two cop license within one year is that enough time i believe it should be but we can defer to the applicant to see if they need any um additional time and we can discuss that okay is the applicant present and if you could come forward please and start with um your name and address queen lane 2404 campton park avenue davenport 33837 okay um so the staff report that i have shows that you are the applicant um the letter of authorization that we have um authorizes mayaki sushi and grill to submit the application what is your relationship to mayaki sushi and grill the owner are you currently in business at that location have you yes we've been open since january but i take it you want to add beer and wine for consumption on site because we we're a food service restaurant so um without it it's it's really hard what is the seating capacity of your restaurant 108 do you know approximately how long it takes it takes to obtain um a two cop license i've been working on this like since we open um the reason i ask is that staff has proposed a condition of approval that um you would have to obtain your permit in one year and if you didn't then the approval would be no i mean there it would or co for two cop that if you don't get that permit within one year then the approval is void it's one year from we open or no one year from if this is approved your application you would have one year to obtain the permit if you didn't obtain the permit within that one year then the approval would be void and you would have to start this process not your application for the alcohol license but this process over again i'm asking if you think one year is enough time okay one of the conditions that staff and i have to consider when reviewing a variance application is hardship something that is unique to your situation the property um that justifies deviating from the code can you address that um hardship uh condition yeah because um we've been open for many months and we are struggling because like a lot of customers came in and they asked for beer and wine and we don't have it so they would choose to go to another restaurant with the service so yeah we just try to do our best to be more competitive is there anything else you would like to add no thank you now open up this application for public comment is there anyone who came here today to speak about this application either for or against seeing that we'll close public comments i just have one additional question for staff um the mater academy what road is the entrance to that on it has two entrances um one on ronald reagan parkway and one on old kissimi road so there's um there's one right here and they also have an entrance right here thank you okay uh that concludes our discussion of that application and we will now move on to ldl var 2024-33 ldl var 2024-33 is a request uh excuse me kurt bastinelli is requesting a rear primary setback reduction from 10 feet to seven feet for the construction of a new screen room with a solid roof on a concrete slab subject property is located in at 784 mystic hill court lot 104 of the solo vita subdivision phase 7g unit 2 south of cypress parkway west of san joaquin road east and north of pacific ridge road south of osceola county in section 15 township 27 range 28. 21 mailers were sent to area property owners on august 13th 2024 one board was posted on the property on august 7th 2024 a legal ad was published in the polk sun news on august 14th 2024 melissa celestein is the case planner good afternoon for the record melissa celestein with land development presenting ldl var 2024-33 staff is recommending approval of the applicant's request to reduce the rare primary setback from 10 feet to 7 feet for the construction of a new screen room with a solid roof the subject site is located south of cypress parkway and north of pacific ridge road it is within the pre-dri of point sienna and the development is also associated with pud 98-12 the property is identified as lot 104 of silovita subdivision phase 7g-unit 2. by constructing a screen room with a solid roof the structure is considered a part of the principal residence and is required to meet the principal structure rare setback of 10 feet the rear of the property abuts a platter landscaping signage track identified as track ld-4 to the west is a previously approved variance for a similar request the owner acquired the property via a warranty deed in april 2023 and the home was built in 2014. there is an existing lanai under the current roof line the proposed addition of the screen room with a solid roof will add an additional 282 square feet to the overall residence here you can see the homes with similar structures both to the east and the west of the site here is a submitted site plan showing the proposed 28 by 10 screen room addition the request is needed specifically for the northeast portion of the subject structure according to the site plan the structure will remain outside of any noted easements to the right is an example of what the applicant would like to achieve approval of the request will allow the homeowner to add usable square footage while protecting the family from insects here is a site visit photo with a depiction of the proposed 282 square foot expansion to the right is the platter track intended for the landscape signage landscape and signage staff finds the request to be compatible to others in the immediate vicinity as indicated here there are several other variances that have been approved within the subject section township and range the proposed request will still allow for maintenance between the proposed structure and the rare property line with that i thank you and i'll stand for questions so there's currently a screened in lanai that's there and we're the proposal is to add on to it to extend the hard roof that is correct okay for additional screened in square footage you are the applicant yeah colette long address is 784 mystic hill court point siana florida okay and um do you have anything you would like to add in support of the application no i agree with what was said and this is just to provide us with additional living space my mother lives a hundred miles north and the caretaking is just getting to be a little bit hard on us so this would provide additional space when she comes and if she comes full-time to live with us and her dog so she currently lives elsewhere but is she lives in tonelan up by ocala she is moving in with you or considering moving in with you correct she's a little stubborn right now but we're working on it anything else in support of the hardship requirement for the application no that's it thank you i'll open up the application for public comment is there anyone who came here today to speak regarding this application either for or against seeing no one we will close public comment and that concludes our discussion of this one thank you and now on to ldl var 2024-34 but before we get started i i believe this is the one where we do not have the applicant present okay and so um i want to ask how staff normally proceeds or how the code allows you uh what the code allows in that circumstance because in my years of doing this i don't know that we've um completed discussion of an application without the applicant present that's not to say that i was ever told it was prohibited but i don't think we've ever done it that is correct typically uh our our county attorney's office when it comes to variances that are so specific to someone's property that the you know the applicant should be there to speak on their behalf especially when they're uh providing evidence of their own personal hardship and things of that nature which we can't provide for them so uh i mean all we can do is provide the facts of the case and without their input on it you might not have the complete information so that's why we typically don't do that it you know if you see that the facts we've presented to you and our recommendation is adequate for what you need you can certainly hear the case close the case and and uh uh issue your order as you see fit okay so there is no prohibition on it um i have seen the email exchange from the owner applicant who stated she simply couldn't be present here today and um had no um she said she's unable to be here today and that she um agrees with the report she did not ask that this be continued to a later date so i'm going to take that as her consent that it'd be that we proceed um and it's at her risk that she's not here to answer any questions because she could have requested a continuance is that correct yeah that is correct okay then we will proceed ldl var 2024-34 linda keppart is requesting a primary setback for a rear primary setback reduction from 15 feet to nine feet for a 150 square foot sunroom with a solid roof the subject property is located at 44 or 449 canal drive lot 363 of the solo vita subdivision phase 3a south of the via veneto court north of rialto road west of grand canal drive east of marigold avenue south of osceola county in section 24 township 27 range 28 on august 13th 40 mailers were sent to area property owners one board was posted on the property on august 7th a legal ad was published in the polk news sun on august 14th 2024 melissa celestine is the case planner good afternoon for the record melissa celestine presenting ldl var 2024-34 staff is recommending approval of the applicant's request to reduce the rare primary setback from 15 feet to 9 feet for a sun room with a solid roof the subject site is located south of walnut street and west of grand canal drive it is within the pre-dri of point sienna and the development is also associated with pud 98-12 the property is identified as lot 363 of silo vita subdivision phase 3a by adding a solid roof to the proposed structure it is considered a part of the principal residence and is required to meet the rare yard primary setback of 15 feet the ray of the property abuts a stormwater pond identified as track p-a911 the stars indicate previously approved variances with similar requests the owner acquired the property via a warranty deed in august of 2005 when the home was built the home has an existing screen enclosure according to the submitted site plan the new 300 square foot structure will be in the same footprint the northern half of the structure will be a screen enclosure while the southern half will be a sun room with a solid roof here is a submitted site plan because the rear of the property is uniquely shaped shaped relief is needed along the southwest portion of the site to accommodate the sun room with the solid roof according to the site plan the structure will remain outside of any noted easements to the right of the subject site and the neighbor's home is the neighbor's home with a similar accessory structure with a solid roof here are some site visit photos showing where the proposed structure would be and this is where the sun room with the solid roof would essentially go once it's reconstructed staff recommends approval the proposed request is compatible with similar structures in the area with that i thank you and i'll stand for questions can you put up the site plan again please so half of the structure side to side will have a solid roof and the other half will have a screen roof that is correct according to their application okay the solid is the red orange yes it's going to be right here the sun room okay and then the bluish color that's the screen correct and i don't know if you can see the note right here but it says the other side which is written in blue the other side is a screen roof okay so if they had flipped them the variance would not be needed correct which i called and i suppose to the um the individuals that's actually going to be building it but according to them this is how the owner wanted it okay okay and um the house next door has a similar arrangement not essentially the half and the half but similar addition yes um with the expansion and the solid roof and again it's still a vita so these aren't uncommon throughout so whether they wanted to do the entire thing with the solid roof or not we would be okay with that and that is the um house to the south correct yes so let me show you on this one so it's over here so there's one right here uh-huh so there's one right here and then there's one right here okay okay i do see that the um applicant addressed um several of the conditions in her application including hardship which as you know is usually one that i ask the applicant to address individually um during the hearing but um she has addressed that um in her application and it is part of the staff report um is there anything else from staff on this no that's all okay um so just one question your um staff report says that um the applicant purchased the property in 2005 in the applicant's application she says that she purchased it in 2018. then i may have miswrote that but i thought i looked on property appraiser for it i can clarify that if that's the case in the report okay we have in the property appraisers terry lee kephart uh being the grantee in in august of 2005. do you have a linda kephart on the deed this was put into a life estate are both on the deed and that was into 2019. okay um okay um i will now open up this application for public comment is there anyone who came here today to address this application seeing no one we will close the public comment portion of um discussion of this application and move on to our next which is ldl var 2024-35 ldl var 2024-35 rebecca gunter is requesting a variance to reduce the primary structure right-of-way setback from 35 feet to 25 feet for a single-family home in an agricultural residential rural district on a collector road the property is located at the north end of gabrielle road north of lake buffam road south south of lake buffam road north east of doc lindsay road west of lake buffam road east east of the city of fort meade in section 13 township 31 range 26 on august 13 14 mailers were sent to local property owners one board was posted on the property on july 26th uh legal ad was published in the polk sun news on august 14th kyle roguis is the case planner good afternoon good afternoon again kyle roguis with land event land development presenting ldl var 2024-35 staff recommends approval of this variance request for the reduction of the primary structure right-of-way setback from 35 feet to 25 feet to build a single-family dwelling the subject property is at the terminus of gabriel road a rural miner collector road located in a rr agricultural residential rural land use district where the minimum lot sizes are 35 acres and the right-of-way setbacks for minor collector roads are 35 feet the trouble with gabriel road is it doesn't actually really perform as a minor collector road it more performs as a local road and the subject location is the only corner lot therefore having a trouble with the two right-of-way setbacks limiting the development the property has remained vacant since its recording via warranty deed in 1985 a lot of the surrounding areas have been developed prior to 1970 um that was prior to the land development code in the comprehensive plan the subject site is 1.31 acres and the applicant is proposing a 2 613 square foot home the rest of the lots that share access off gate rail road are larger in size ranging from 1.42 acres to 2.18 acres with homes ranging anywhere from 1290 square feet to 2375 square feet the subject property is the smallest in acreage while requesting a larger home home and that request for a larger home is just based off of the change in lifestyle and quality of life since the early 70s as previously stated gabriel road is a paved county maintained rural minor collector road with the posted speed limit of 30 miles per hour that dead ends at the subject site location gabriel road spans approximately one mile linking 23 lots two vacant 18 residential and three agricultural to dock lindsay road and dock lindsay road is actually also categorized as a rural minor collector road going off the definition of a rural minor collector road gabriel road does not fully perform as such since it fails to link locally important generators to remote rural areas as it dead ends at lake buffum only to collect 23 lots experience experiencing less than 1500 average daily trips spanning one mile if gabriel road was classified how it performs as a local road the property would need to meet 25 feet setbacks from the right of way flood zones have some influence on the development there's no wetlands on site lake buffum is approximately 220 feet away from the subject's plan development the south end of the lot is larger than the north end this unique shape and being the only corner lot affects the use of making it difficult to meet the setbacks for rural minor collector roads without this variance it would be difficult to develop the lot with a single family home and then this was the site plan that the applicant submitted this variance is believed to be the minimal variance necessary to optimize the use of the owner's land this is a photo taken off gabriel road facing west towards the proposed single-family dwelling and the neighboring property this photo is taken off gabriel road at the south end of the property facing north towards the proposed single-family dwelling and lake buffum this photo is actually taken from the end of the road the terminus of gabriel road facing south with the proposed single-family dwelling to the right and then this is a photo uh examining that terminus the end of gabriel road staff recommends approval the site built home will meet the zoning setbacks at the time of the site's creation and current ldc land development code setbacks and rural minor collector roads for local gabriel road does not perform as a rural minor collector road gabriel road extends only one mile off dock lindsay road and it ends at dead ends at lake buffum parcel property on the north end is narrow and minimum setback requirements restrict the use flood plains limit the use of the northern northern end of the parcel and with that i think you and stand for questions is the flood plain identified on the site plan i see so there is no wetlands on the site plan the flood zones are not identified on that site plan that the applicant provided they are not so is there other documentation in the record that identifies how the floodplain limits the use of the northern end of the parcel not on record but i did have other staff uh examine and see where the wetlands if there were any and uh flood plains on property and i do have documentation of that i can get that to you before you make your decision on this this case but it's not documented in this application okay is it the i mean are you referring to the portion of the lot that extends out into the lake as i look at the area yes that is correct okay apple it applies to the north end of the property okay so you're not suggesting that what appears to be uplands in the um aerial is further impacted by the flip plane you're talking about the portion of the lot that extends out into the lake correct okay um the site plan that i have is a little difficult to read at the scale that i have it um how wide is the lot the northern end of the lot is only 100 feet wide and then the southern end of the lot is 114 feet wide so it does uh it is slightly narrower on that northern end and the proposed um structure would comply with the setback off of the western property line it would uh be off of that eastern property line that where the driveways proposed that will be where the right-of-way would be correct but as shown on the site plan and it does comply with the western side setback yes it does comply with that rear setback side setback so gabriel road ends i guess um along the side of this property is that another road that picks up and heads off to the east or is that a driveway so that is going to be a driveway so it is simply dead ends there correct and that is one of the factors that um influences your opinion that this is actually functioning as a local road and not a collector correct because the beginning of the road is not the same as the end of the road and there is no plans for building a bridge across lake buffham and are there any concerns about um visibility for drivers with their reduced setback no there's no um concerns with that there is a 15 mile per hour speed limit on that turn and where the property is going to be uh developed it is going to be well within that uh turn for that for that location and what is the speed limit along the straightaway the speed the speed limit for gabriel road is 30 miles per hour but it's 15 on the turn is that what you're saying correct 15 for the turn and then 30 throughout the rest of the road okay is the applicant present good afternoon my name is rebecca gunter address 4340 bonnet lake drive haynes city florida 33844 okay um do you have anything you would like to add um to what you've heard so far um kyle's pretty much cover everything i appreciate that um just the main thing is is like the hardship part of it is like the plans have actually been paid for so it'd be a loss of thousands of dollars since they've already been paid for not to mention that we're going to incur more costs um to build a home now because the you know how the rates have actually increased so we're going to that's already going to take away were you aware of the setback when you began your process of having the plans developed we we made an error um we assumed by we called um to get information on the setbacks without giving the specific parcel id number not noting that there's more specifics um with the way the the roads actually coded we and with the 35 feet we assumed it was the 25 feet when we called and it was our error by not giving the personal id number when we try to obtain information are there other homes out there that are built at the 25 foot setback setback or do you know and if not i can ask staff no yeah i'm not i'm not aware i'm not okay you don't know okay um anything else you'd like to add no ma'am thank you thank you um then i will turn to staff and ask if you know if there are other homes out there that are built at the 25 foot setback instead of 35. uh to my knowledge there are no houses that are built to that 25 foot setback a lot of the other houses on this row that share access off gabriel road only have that one right-of-way setback of that 35 feet and they're actually a lot further deeper into their lots than this um subject property being the smallest one is out of the rest that share that access off gabriel road yes and this is the only corner lot thank you um i will now open up this application for public comment is there anyone who came here today to speak about this application either for or against seeing no one we will close public comment and that concludes our discussion of that application and now on to our last one of the day ldl var 2024-36 good afternoon eric peterson for the land development division diane deloach borders is requesting on behalf of adrian williams stoudemire and eugene randall williams uh request uh of a reduction in the side yard setback from 10 feet to 6 feet for a carport in a bedroom addition to an existing home in the residential suburban district the property is located at 2356 laura street south side of laura street north of friedlander road south of lisa street east of tangelo street west of griffin lewis griffin road in highland park manor subdivision southeast of the city of lake wales east of the town of highland park in section 18 township 30 and range 28. on august 13th 39 mailers were sent to area residents one board was posted on the property on august 13th uh legal ad was published in the in the polk sun news on august 14th i'm the case planner this is a case that came before you two years ago uh under the case uh number ldl var 2124 um this is highland park manor uh located just west of or east of highland park rsx district you can see it's a a subdivision where every pretty much every lot is the same size and shape the applicant is before had requested a an enclosed garage uh for to go seven feet from the property line this is this request is for a carport and and also the the bedroom addition uh so on on the west side it's a six foot uh setback proposed that would run along the edge of the carport and then the structure the the bedroom addition to the rear would be at the same six feet or eligible for the same six feet uh one of the reasons for locating it this far to the west is the drain field is on the uh east side of the rear yard so they couldn't expand the uh house any further to the east this is what the carport addition would look like at approximately eight feet this is what the carport addition and of course it the overhang over the house would meet the the setback requirements of the front yard but the carport would extend off to the side and it would be open however the the addition would be enclosed to the rear the measurement of the six feet on the carport would be uh from the post uh it would allow up to a three foot overhang this is looking from the rear of the home and as you see where the carport would stand it's it's not a very wide carport but as you can see with what the the types of things that would go under it are like this golf cart here get it out of the sun and this is the area that the home expansion would consume on the property in relation to the neighbor's property if you notice the neighbor's property with the car carport and overhang they it'd be a similar uh shape as that that they have with this expansion as we did before staff found it would not be detrimental uh to the neighborhood or otherwise uh detrimental to the public welfare uh the request doesn't confer on the applicant necessarily a a specific privilege the subdivision was developed at a seven and a half foot setback at one time the code when it was adopted changed that setback to 10 feet this request is for a little bit more to go to six but it's not a substantial amount more than what was the norm back when the subdivision was originally constructed and lastly this was a previously approved to seven feet under ldl var 21 uh 19 93 or 2021 93 and i'll stand for questions okay and so the reason that we're back again is because plans have changed and whatever was approved last time didn't get built yes and and i might add i i provided a a five-year time frame for this completion the carport's going probably going to be done immediately however the bedroom expansion is a bigger um uh commitment for the applicant to or the owner to achieve so they need more time okay and um the expansion out the front does not need a variance it complies with current setbacks yes yes they're building to the setback line okay and you are the applicant yes my name is diane borders my address is 22 24 evie street lake wells florida 33898 okay and uh just off the bat do you have anything you would like to add in support of the application in addition to um what you've heard from mr peterson well we wanted to add the carport mainly right now well we wanted to add it before but things came up and we couldn't finish it at that time and the time expired but now we needed it because there's a bad drainage problem out there it's been that way i bought this back in 2009 and when i purchased it i didn't know the drainage was that bad out there but i did call bartow and met with the drainage road committee um and they they sent someone out there um and he did a survey of the road to see how the water would level off off the road and it wouldn't settle in that driveway where i am but because when you get out when it rains out there there's like a puddle a pond about a foot and a half when you get out your car so you can park one car up on the on the driveway but that second car is going to hang out in that foot of water from the rain so they came out and they surveyed the road and they saw where if they dug a swell or whatever that is in the yard to the west of us um the water would run off the road that way so they dug it up and and within about 10 days the guy to the west he came with another load of sand and put right back where the county had dug this up so the water can roll that way but and i called back to say that what he had done but nothing's been done about that but um anyway we need this carport so we can have more room for one thing plus it's going to beautify the place and we later want to add that that bedroom okay but we we do need some drainage out there in that area real bad okay and um the basis or you know hardship basis for adding the um uh additional square footage in the rear well it's it's for more it's my daughter's she's living in that home now and with her children so just more room we need in there just to make it and plus to beautify the place and as you see we when they came out to take the pictures we had just cut down a tree so it's a mess in front of the house but we had just cut a tree down the day before okay anything else you would like to add no that's it for me thank you you're welcome and i will now open up this application for public comment i do have a comment card um for a speaker in support of the application but um miss borders i believe this is you uh or me yeah diane b borders oh okay um but i do have a a speaker card from diane b borders that's you okay um is there anyone else who would like to speak um regarding this application either for or against seeing no one we will close public comment um anything else from staff no that is all okay thank you very much um i think that uh includes our proceedings for the day our next um land use hearing officer meeting as i understand it is not in september we have no um matters to take up in september so the next one is october october 24th october 24th okay thank you we're done