are going to get started it is 1 30 and i'm going to call to order the october 24th 2024 land use hearing officer meeting good afternoon i assume our television recording will be coming on there are agendas for everyone on the back table also on the back table are forms you can 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 and once the form is completed please hand it to our clerk i'm barry buenaventura an attorney with khan and buenaventura pa in tampa i have 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 now as we want to avoid any potential conflicts i don't believe that to be the case but please let us know if you think it is during this meeting please put all cell phones and other communication devices on vibrate 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 which means they require due process and the decisions are to be based on competent substantial evidence presented during the hearings county staff will present the county's review and recommendation on the case first and then the applicant will present any additional information they would like to after the applicant has concluded their presentation i will open the hearing up 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 your questions 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 very important that you speak into the microphone to ensure an accurate recording after public comment closes the applicant and 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 needs 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 are going to address the land use hearing officer 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 okay the first item on the agenda is the minutes of the august 29th 2024 land use hearing officer meeting and if we could show in the record that those minutes have been accepted and then we will move on to new business and the first item on the agenda today under new business is ldl se 2024-7 good afternoon eric peterson for the land development division ld sc ldl se 2024-7 pedro katie applicant is requesting a special exception to park a commercial vehicle on a residential property the district is agricultural residential rural it's located at 1371 barnhorst road north of anderson road east of hankin road south of state road 60 east of the city of bartow in section 7 township 30 range 26 on october 1st 32 mailers were sent to area property owners on september 24th two two boards were posted on the property a legal ad was published in lakeland or in the polk sun news on october 9th 2024 so far we have seven emails in opposition aliyah englema is going to present this case good afternoon aliyah englema with land development presenting ldl se 2024-7 the barn horse road special exception the applicant is requesting a special exception to park a 2008 freightliner bucket truck at the residence on approximately 2.15 acres within a residential neighborhood the subject site is located at 1371 barnhorst road north of anderson road east of hankin road south of state road 60 east of the city of bartow in section 7 township 30 range 26 the property is located within agriculture residential rural future lane use and in the rural development area the property has direct access to anderson road and barnhorst road both paved local residential roadways a commercial driveway apron it will be required to protect barn horse road from the stretching caused by such a heavy vehicle's turning movements on and off the property the nearest arterial arterial road is state road 60 which is less than 1.5 miles to the north the applicant was cited by code enforcement for parking a vehicle at this location the owner is seeking approval for parking the commercial vehicle on their property according to the site plan the parking area will be just on the north side of the existing home a six foot wooden fence is constructed around at least a portion of the rear rear yard and large oak trees will be further surrounding the parking area and will meet the type b landscaping buffer required in accordance with ldc section 216 very little the vehicle will be visible from off-site this area is rural the abutting properties are developed with single-family homes lot sizes between hankin road to the west and barn horse road are uniform in size at just over two acres most properties in this area exceed an acre and most homes are set at least a hundred feet from the center lines of the surrounding roadways it is not anticipated that the operation of this vehicle leaving and arriving at the subject site will have negative impact on the neighbors stacker staff recommends approval based on the site plan provided by the applicant and recent site visits the proposed placement of the vehicle will be at the rear of the primary structure and shall meet the screening and buffering requirements staff finds this request will not have any negative impact upon the health safety or welfare of the adjacent properties if maintained and screened in accordance with the site plan and i'll stand for questions so they're the fence i take it is new relatively new yes okay and it's six feet tall yes six feet tall okay and is it um staff's position that that fence together with the existing natural vegetation is sufficient to buffer there's no additional buffer that would be required to meet the code correct okay i don't know that i have any other questions for staff but let me continue looking sorry okay got it um um okay is the applicant present if you could come forward sir and i understand you'll be bringing an interpreter with you good afternoon if you could give us your name and address sir okay my address is 1371 bar horse road in bartel florida okay and um ma'am if i could have used to state your name into the microphone as well my name is juana bustos great and i'm going to ask our clerk to swear you in as our interpreter please do you swear or affirm that you will truly and correctly translate english into spanish and spanish into english here today yes i will thank you okay um have you understood what has occurred so far today in the hearing yes yes can you tell me sir how it is that you use the vehicle that we're discussing today so i use my vehicle to maintain and take care of my family can you describe how please okay so my main uh work is basically landscaping type of work streaming trees oh it's cutting trees the staff has recommended that if this gets approved that there be certain conditions placed on the approval for example that you cannot maintain the vehicle you can't perform any maintenance to the vehicle while it's located on your property and i want to make sure you understand that i understand okay and also if this gets approved the vehicle can only be parked in the location that has been shown in the application you know with it being shielded by the fence and the existing trees so the vehicle so mental about but they put it on the part of the atran donna is picaron in the part of the atran topado on verja econos arpones see yes and again if this gets approved it would the approval would be valid for one year and within 30 days of the end of that year you would need to ask for it to be renewed and then um finally the approval is if it's granted is only for this one vehicle it's not multiple vehicles and it's not some different vehicle it's only this one vehicle okay is there anything you would like to add sir before i allow members of the public to speak about the application okay so i am comfortable with how far it is i just asking for this vehicle uh in a specific thank you okay um i am now going to open up the application for public comment um i know that we have several members of the public who have um asked to speak regarding this item and i will start with um mr james altman and sir as you're approaching i'll just um tell you that as you come up and get to the microphone if you could start by giving us your name and address um and then you can provide your opinion regarding the application and i'd ask you to try to stick to facts please um rather than hypotheticals or um speculation yes ma'am my name is james w altman i live at 1554 barn horse road bartow florida 33830 well you know it's not so much the truck the truck's ugly of course but this is a residential neighborhood and uh what he's doing is not i don't know about cutting the trees but i know he's trying to make bonfires in his backyard which that fence doesn't help nothing when the fire's 20 foot high you know and uh all my friends have ashes all over their cars depending on which way the wind's blowing and there has been times i come across down the road i ride a motorcycle so you know you can't see smoke so much coming across so so you know i understand you know he needs to make a living but uh that's not this is not an industrial park this is a neighborhood with kids and people you know and uh i have a a nice backyard with a fenced-in porch and that porch there is no good if that wind is blowing that way because it comes right through that screen you can't breathe you know i mean we're talking about and we're not talking about small things and and i i just uh went by there took a picture picture of it and he has enough wood and stuff packed behind his house now that if he is to start burning today it'd be a week day and night so you know if i have to oppose the truck to keep that from happening i mean you know if the truck's out of sight now you know it's one thing but but uh and for one thing that their little fence it's not gonna hide that big truck you know it's not gonna hide it at all and that's really all i have to say i mean there's people out there and it's a neighborhood it's not an industrial park which is this would be more suited his business to be more suited an industrial park than where we're at and that's all i have thank you thank you and um next up mr doug johnson doug johnson i live at reside at five nine seven nine susan drive probably within a quarter mile of this and i am like james unopposed to the truck itself but there has been burning in the past my wife has asthma and she has been trapped in the house one time for at least a week because of the smoke coming from out of there you know if he wants to put logs in there that's fine but the burning doesn't need to be there that's not what this is for there is burning goes on out there because everybody has acreage and they burn trees and brush and stuff you know occasionally but we've had a fire out there probably lasted two weeks because there he was burning logs this big around and that is basically my opposition to it but you know the truck itself i'm not opposed to that but this you know there's horses across the street and everybody's got animals and stuff and just the smoke was continuous for a while and that's okay problem with that okay so not opposed to the truck opposed to the burning activity just having a business there yes okay the business of burning well he has the trees that's his business he's a tree trimmer he cuts trees he brings them to this two acre lot and puts them in the lot and then he burns them there and that is the issue okay with most of the neighborhood and the people that can't be here you know nobody's really opposed to the truck per se just the what goes on after the truck gets dumped thank you i also have a a speaker card from ms lisa muscargny skagney okay and ma'am i don't believe you stood to be sworn earlier so we'll take care of that before we get started do you swear or affirm the testimony you provide today is the truth the whole truth and nothing but the truth thank you and if you could start um with your name and address please my name is lisa mascagney i live at 1526 barn horse road and i have to uh say the same thing as these two gentlemen said we have no opposition to the trucks and i say trucks because there's also a dump truck um but i would like to if you see the picture um that's our concern we don't have a concern with the vehicles my husband used to be in business himself we have no problem with trying to make a living but the piles are humongous and that's our concern as far as rodents um animals getting in and the amount of fire again because of all the storms we have a burn pile ourselves but we don't burn but maybe once a year because of it um but that's our concern the piles that he has are huge and he does have to make a living but i also have a question about the paving as far as how much concrete is going to be paved would it be like a home um i can't remember the skirting is that what it's called a skirting you're talking about the commercial driveway as far as making it a commercial driveway what what would that look like we'll have staff address that question afterwards okay but other than that i think what they have done to the home is great it used to be vacant so they have remodeled it and made it look really nice so i commend that and i don't oppose to the trucks commercial trucks it's just the piles that he's bringing after he cuts it's a lot of debris okay thank you i believe those are the only three speaker cards i have for this application is there anyone else here who came today to address this application either for or against and are you able to get up the photo that ms miscagny brought or if not could you at least hand it to me so i could see it please we'll go low tech thank you okay so it's a photograph of a break in the fencing that shows a pile of um tree trunks or you know cut portions of trees so also i do want to note that i have received copies of the seven emails that staff received with objections to the application so i have reviewed those and noted the concerns expressed by the the members of the public seeing no one else who wants to speak regarding this application we will close public comment um i would ask staff to address the question about the commercial driveway and approximate dimensions if you could the commercial driveway will be to the edge of pavement uh to the right of way uh the applicant can either do a six inch uh 3000 psi concrete or four inch 3000 psi concrete with a six by six welded wire mesh approximately about uh has three uh three feet flares with about uh 10 foot in length um 20 to 24 feet wide and that will be about um what the commercial driveway standard would be and if i understood what you just said all of the um paved area or concrete would be within the right of way from the right of way line to the edge of payment a pavement but not you you don't require that any of that to be on the applicant's property that can be whatever material it already is correct the remainder of the driveway can be any type of material um that the applicant chooses beyond that okay um and then before we um offer the applicant another opportunity to come up and address the comments i do have some questions for staff regarding the burning activities and um any regulations that the county has regarding that for burning uh the debris that is a code enforcement issue um for the request today is just for the vehicle when it comes down to if he can burn or not burn again that is ultimately up to code enforcement so i take it then that there are restrictions on what can be burned when it can be burned how it can be burned yes there are yes and and occasionally to the um fire department there will be fire bans and stuff occasionally so it really all depends on the conditions of the weather and and um you know how much they can burn it really is yeah okay and so if a neighbor were to have a complaint about burning the um appropriate remedy is for them to contact code enforcement correct okay and is that number readily available on the county's website it is it looked like you were going to say something i was going to mention the county has a fire prevention code under the code of ordinances in article three uh and there's there's information there it's administered by both our fire uh fire department and the fire marshal and uh code enforcement would be the first start way to start the process for that action okay um there was also mention of a second vehicle on site a dump truck is that something that you are aware of i am not aware of that um but again the request is only for one vehicle so even if there is another vehicle it would still continue to be a code enforcement case okay again that would be for the um neighbors to contact code enforcement if they were to observe a second commercial vehicle or on site or this commercial vehicle not parked in the location it's supposed to be parked in correct yes ma'am okay um i'll offer to the applicant an opportunity if you want to come back up and address any of the comments or um say anything else that you'd like to in support of your application first of all i want to say i apologize for something that i was not meaning to do like that the la fuego que estaba yo siendo no era demasiado la razón que lo hice porque hay tres o más ocasiones que yo vi que lo hacía y yo se me hizo fácil hacerlo también okay so um i did started doing it too um because i started burning occasionally uh because i also noticed other people doing it so i thought that something i could do like that too but in eso no tengo problema yo puedo limpiar todo eso puedo parar de no hacer eso a captar toda clase de reglas como deben de ser okay so we're on that i can say that i could stop doing something like that and follow the rules as is stated okay anything else yeah that's all thank you anything else from staff no ma'am thank you and then uh next up we will move to ldl var 2024-38 eric peterson for the land development division ldl var 2024-38 uh classic controls expansion uh stephen godfrey of stitzel engineering on behalf of jns properties inc's requests a reduction in the rear yard setback from 15 to four feet and a side yard setback reduction from 15 to 10 feet for a 2 300 square foot uh commercial building expansion in a linear commercial corridor district the property is located at 5095 south lake lakeland drive south of west pipkin road west of south florida avenue east of shady lake lane south of the city of lakeland in section 12 township 29 range 23 on october 1st 28 mailers were sent to area property owners one board was posted on the property on october 7th a legal ad was published in the polk news sun on october 9 2024 as i mentioned the request is just south of lakeland the city of lakeland off of florida south florida avenue in a office uh district or an office uh development it's a combination of commercial and office uh development uh off of south florida with a private road south lakeland drive serving the lot the property is lcc this gives you a context of the area this is the site classic controls has been on this property since uh early 2000s they're requesting a 2300 square foot expansion uh the the expansion will take them to within four feet of the property line on the rear and 10 feet of the property line uh on the south side of the property abutting a parking lot this is the site plan there is a utility line and a utility easement the request is staying out of the utility easement and away from the uh sewer line that goes underneath portions of the property this is the site to the south is a similar office park the development around it is all office this is an approximate location of the expansion it's coming off the back of the building there is an eight foot fence and it sits up on a a slab that is raised about two and a half feet so you're the fence if it remains will pretty much mask the building that's the approximate location looking from off site this is the uh the sewer line uh is accessed through this manhole which is to the rear of the property this is how the the building will be built and this is approximate location of the utility easement staff recommends approval uh it will not be injurious to the area involved or otherwise detrimental to the public as long as they stay out of the utility easement uh special conditions and circumstances exist uh the building has a little room to expand eastward without eliminating vital parking spaces uh so there's really no room to expand on this site except where they're uh currently proposing this expansion as you can see there there is a uh a lake that backs up to the property it's a former phosphate mining lake uh and there there's very little land behind the building parking is needed up front uh for there's not much additional area for the building to expand expanding on the uh north side wouldn't give them any more room than they they currently have on the south side where they currently have the slab structure in place with that i'll stand for questions the slab for the expansion is already there yes that's here it's it's an elevated slab that continues around to the back of the building so it it predated the application yes yes okay there will be a an expansion of the slab it comes to approximately right here well actually there's a tree over that you it actually does come close to the end of the property so there will be uh um it it's mostly enclosing what what's already being used for some outdoor storage the purpose of this is so that they can get some of the equipment and uh supplies they use inside the building this is the extent of the uh slab currently that helps to see it um without the overlay and um i think there was a comment in the report that um based on the layout inside the building that an expansion on the north side is not as functional yes yes the the north side of the building is more their entrance to the public the south side of the building is is what their entrance to to any freight or anything that's brought in uh any equipment that's the more the uh loading zone i would say though it's not a dock or anything like that the north side of the building is offices and you know administrative offices and lobby were the building setbacks different when the building was constructed do you know no the the commercial setbacks in this district as it was in the district before is 15 15 and 15. there was no change with the adoption of the code yes but i mentioned that in the report there's a statement in the report that the expansion is both the minimum and the maximum that the site can feasibly support i understand how it could be the maximum that the site could support how is it the minimum that the site can support i don't i don't understand what that means the minimum i probably should have said the minimum they need the minimum they need that i understand thank you sorry no i'm just trying to make sure i can uh digest the report and you did say that the setbacks were the same yes well yes they built in 2000 report they built in 2001 it would have been under the oh the lcc anyway okay um is the applicant present if you could start uh by giving us your name and address please yes my name is stephen godfrey uh it's 317 west highland drive in lakeland florida and were you here at the outset of the hearing when um people were sworn yes ah wonderful okay um okay and i see we have a um uh letter of authorization so okay um you've heard the presentation so far is there anything you would like to add in support of the application just that the uh client owner needs to stay competitive in his business operations and this will help a lot in that respect how so well just to the fact of having to uh find somewhere else to work and maintain these these stall uh components that they work on um will now have to be done will be done in house instead of having to go somewhere else to have it done so the new area is not just storage then it's also there'll be some maintenance we're kind of like yeah work on components and stuff there's nothing large or anything it's just small components one of the criteria that staff and i have to consider when evaluating an application is hardship what hardship the applicant would experience if the application were to be denied so could you address that criterion yeah just the loss of being competitive um not having to send the stuff out and keeping it in-house and doing it it's going to save them a lot of time and money is there anything else you would like to add not that i can think of okay thank you okay thank you so i will now open up this application for public comment is there anyone who came here today to address this application to speak either for or against seeing no one we will close public comment anything else from the staff no ma'am thank you so the next item on our agenda under new business was ldl var 2024-39 the catfish street variance i understand there's a request to continue that to the november 12th 2024 hearing yes ma'am okay we will do that and then next we will go to ldl var 2024-41 ldl var 2024-41 the hirsch variance to pud 7328 theodore hirsch is requesting a reduction of the primary structure uh right-of-way setback from 15 to 9 feet for the expansion of an rv port for full coverage the subject property is located in a residential low one district subject it is uh north of interstate 4 south of commonwealth avenue southwest east of highway 33 west of berkeley road it it is uh surrounded by the city of polk city in section 6 township 27 range 25 kyle rogas is presenting the case you tell me how many um about your notice oh sorry yes activities right in my hand uh 26 mailers were sent on october 1st 2024 one board was posted on the property on september 27th 2024 a legal ed was published in the polk sun news on october 9th 2024 we've had no response from the public thank you good afternoon good afternoon kyle rogas with land development presenting ldl var 2024-41 the hirsch variants the applicant is requesting a reduction primary structure right-of-way setback from 15 feet to 9 feet for the expansion of an rv port for full coverage in your residential low 1x district staff recommends approval the subject site is located north of interstate 4 south of commonwealth avenue southwest east of highway 33 north west of berkeley road enclosed by the city of polk city in section 6 township 27 range 25 the subject site is 0.24 acres located in a residential low 1x land use district the green swamp area of critical state concern in the polk city special protection area the subject site is below the one acre minimum residential lot area in the residential low 1x land use district the site was developed as part of the mount olive shores phase 4 planned unit development the mount olive shores planned unit development allows for 15 primary structure right-of-way setbacks seven and a half feet side setbacks and 15 feet rear setbacks currently the applicant does not have hoa approval the hoa will only allow for an expansion of four feet eight eight inches on the west side of the rv port and 10 feet on the east side both adhering to the 15 foot right-of-way setbacks hoa approval is pending county approval to get a better understanding here's a visual to the left is what the hoa will currently allow to the right is what the applicant is requesting and the hoa will approve this request upon the county's approval the subject site has road frontage off north shore drive which is a private road the curvature of the road creates a non-uniform right-of-way setback the lot is 0.24 acres which is below the one acre minimum residential lot area in the residential low 1x land use district because of the small lot size and curvature of the road the setback restricts further development without impeding on the 15 foot right-of-way setback the dimensions of the rv port extension will be approximately eight feet in height 20 feet across and 10 feet in length from the existing rv port to the intended support beam the 10 foot dimension excludes the five foot overhang from the intended support beam to the road and here's a site plan kind of visualizing that the site plan does include the five foot overhang in their dimensions the variance is request is measured from the support beam not the five foot overhang the rv port will adhere to all other setbacks this photo is taken north looking at the property at the end of the driveway this photo helps show the cars that are not fully covered which is the reason why the applicant is here for this request for this variance for the uniform extension for full coverage of their vehicles and staff recommends approval the rv port will not block the view of traffic and will not be located within the drainage easement along north shore drive reduced setback reduced setback distance will not diminish the safety of the public and area involved in rv ports unlike other accessory structures are permitted in front yards and with that i will stand for questions if you could go back to the photograph that you showed of the structure from this one here yes so um that structure is you know is currently there and the proposal is to just extend it correct yeah they're going to extend it about 10 feet because of those curvatures in the road and the the angle of the orientation of the lot and home itself on the property it doesn't allow for a uniform full coverage extension so they would only approve of the four feet eight inches on the east side while they would approve the 10 feet on the west side or the vice versa sorry 4.8 on the east west side 10 inch or 10 feet on the west okay and this is so that in addition to the rv being covered the vehicles the uh cars would be covered as well by the yes that is correct okay and now if you could go to the um plan view that showed the um the comparison the yellow uh that one right there so does that show the full roof or is that showing the area where the supports are this was just for the dimensions for where the support beams are going to be from where that variance is going to be measured since we do not measure the variance from the overhang these dimensions were specifically for that support beam it was in the site plan here that i wanted to um provide where they do have that um five foot um overhang provided in those dimensions so that's why you're seeing a four foot um dimension here in a 13 foot dimension on the east side versus what you would see i didn't provide them here but this would be greater than that four feet and that 13 feet okay so the 10 by 20 is for the support beams and not for the full extent of the roof correct the overhang and it's a five foot overhang yes from what the site plan provides it would be a five foot overhang extension i know there are portions of your code that allow for a three foot overhang but you also will allow for a five foot overhang or am i misremembering that no you you are correct ma'am the setback should be measured as the way the the site plan depicted here um so the variant should be to go to the four feet because once you exceed the three feet you be the overhang is where the measurement's taken from so we have a correction to make there because of the five foot overhang on the front so what is the correction the correction would be instead of the extension or the variance from 15 feet to nine feet it would be approximately 15 feet to um to four feet that's a big change yes with the overhang yeah okay so instead of a six foot reduction an 11 foot reduction in the setback that would be correct okay does that change staff's position at all as long as it's being outside of the 10 foot utility easement which where that support beam would be it would be outside that 10 foot utility easement that would not change my recommendation is there any other sort of covered area or carport on site no this would be the only covered carport hey is the applicant present my name is theodore hirsch 5018 north shore drive polk city florida 33868 you said theodore hirsch yes ma'am so you've heard staff's presentation so far is there anything you would like to add in support of the application i've talked to both of my neighbors on either side and they don't have any problems whatsoever it's not going to block anybody's view it's just for our personal use one of the criteria that staff and i have to consider when reviewing applications is hardship something unique to your property or buildings etc what hardship would you experience if the application is not approved we do get on a hard rain the way our our concrete is the water goes back and it floods into our back patio screened in patio if we had that extension it should stop that quite a bit and helping us get in and out of the cars easier when the rain which we're getting a lot of lately other than that no hardships anything else you would like to add no ma'am okay thank you and i will now open up this application for public comment is there anyone who came here today to speak regarding this application i do see one gentleman in the back if you can come forward sir and um if you could tell me if you were sworn in at the outset of the meeting when we did uh yes ma'am i was sworn wonderful um give me your name my name is raleigh r-o-l-l-l-i-e last name hill my address is 5005 north shore drive bulk city 33868 okay and what did you come here to say i am a board of director member of the hoa at mount olive shore south i'm here representing our board that we have when someone buys in our community they are given a copy of the deed restrictions of what is allowed what is not allowed and we also have a procedure to go through to have this uh something like this approved or disapproved which our architect committee didn't meet with them and showed them what we would allow and what we wouldn't and they then proceeded to start this process which is their priority to do there is a easement across there that they would be in a little bit that is a concern for us we also in our community are very concerned about opening a can of worms and once we approve something like this that it would allow for other people to feel they could do the same thing therefore this would have to be approved by our board even if you were to approve it then it would have to come to our board which supersedes this and uh as a board member i would vote against it and talking to some others it's kind of the same i can't speak for the whole board but um we are in uh we're more than willing to work with them within the deed restrictions that they agreed to when they purchase property okay so are you speaking for the board or are you speaking for yourself as a director i'm speaking for myself as a director and it was of of the board itself that commissioned me to come and speak so i don't want to say it's for the total board and are you i'm not entirely clear if you are in opposition or not yes i'm in opposition yes correct because we don't want to start allowing everyone to just start getting the easement encroachments and change the whole community because once we open the door other people are going to say oh that's all i got to do is go around our board come to you guys and get approval and then we're done and i believe you said that um the structure would be encroaching into an easement yeah excuse me there is a 10-foot easement that comes across the front of the property okay and who is that easement in favor of who is the beneficiary of that easement i can't answer that i'm sorry it is a utility easement is it a county easement it is a private utility easement the water and wastewater lines are in their right of way it is an easement that's reserved for uh phone power electric electrical cable cable things uh telephone and electrical were they notified of the application i do not believe they they are notified they are not notified in the application um it's the property owner's responsibility when they apply for the building permit uh to uh the contractor to identify the uh location of any on-site utilities um as part of the building process we verify the the big ones which are water and wastewater because that's where you have to dig really deep all the other utilities are usually buried fairly shallow so they're they're not as doesn't require as much equipment to get in and out and they would be notified at the building permit uh time frame you know of that okay um i take it you were aware of the easement when you it doesn't factor into your doesn't factor negatively into your analysis correct i believe the um the easement is in within the right of way as we spoke about um and extends about three feet um onto the property line for those um the water and wastewater drainage easement and then the utility easement from our um from the plans that were provided um and the request of that um the dimensions that i i provided were retaining outside of that utility easement okay so the poles are not going into the easement not to my knowledge no okay not into any easement no the poles are not going into the utility easement they're they're 10 feet off it's the overhang will over go over the okay area that might be an issue for equipment but it's not going to um damage the utilities because the poles are not going into the easement is what i'm being told okay okay um is there anything else you'd like to add no ma'am okay thank you thank you is there anyone else who came here to address the application either for or against seeing no one we will close public comment uh oh i have another person we will keep it open my name is lynn newman i live at 5045 mount olive shores drive i'm currently the architect chairman for the mount olive shores community okay so are you a board member or you're you're i am not a board member i am just the architect chairman i do not approve i go out and see what what they're requesting to see if it meets our um border our governor documents okay now the statement that if they go out 10 feet they will not be in the utility is not route not correct i went up there and tried to get five feet and has 84 inches that it's it's uh if they go out five feet they're four inches into the 15 foot setback they go another five feet they're going to be four inches in the utility setback now naturally accommodations can be made for that but i just wanted to correct the statement that it's not going to go in the utility easement i have measured that fairly extensively okay um and i'm i'm sorry i didn't get your first name lynn newman l-e-n l-y-n-n y-n-n thank you i'll fill out a sheet um and were you sworn at the outset of the i was not okay we'll take care of that and it will include the testimony you've already given okay you swear or affirm the testimony you provided mr truth the whole truth and nothing but the truth i do thank you now when i was working with this gentleman if he disagreed with that i told him he could go out and get a surveyor to demonstrate where the 15 foot setback and we could go from there i'm not a certified surveyor but i did do some extensive measuring on that anything else you'd like to add i would not like to add anything else thank you you're welcome is there anyone else who would like to address the application either for or against seeing no one we will close public comment but i um will give the applicant the opportunity to come back up and address any of the comments he has heard there has been variances allowed in uh mount olive shores south and i i just think if they're going to vote against it it's discrimination anything you would like to oh if you're done that's fine thank you anything else from staff i just did uh wanted to preface from um the utility easement is um for that um for the hoa so it that is permitted by the hoa the power outside of the right of way uh is dedicated the the utility the 10-foot utility easement you see is dedicated to the lot owners and the hoa so the hoa does have control over what goes in and what goes out of that utility easement that's in plot book 91 page 50. okay anything else okay thank you thank you and that takes us to our last item for the day ldl var 2024-42 my name is uh craig zink sir we're going to start with staff um because they always introduce the applications and if i could ask you to take a seat when i ask for public comment i'll be glad to have you come back up and i've got your card right here okay all right thank you ldl var 2024-42 sally nickerson is requesting a reduction in the rear setback for a shed from five feet to one feet the subject property is located in a plan unit development 83-2 in a residential low four district in the north ridge selected area plan the subject property is lot 25 block e unit c 20 of the west view ridge resorts east of highway 27 west of orchid drive north of bates road south of patterson road east of haynes city in section 17 township 27 range 27 on october 1st 2024 90 mailers were sent to area property owners one board was posted on the property in october 7th a legal ad was published in the polk sun news on october 9th 2024 one of our former case planners did this report and she is working for the school board now oh so uh i did notice you were not melissa nope so i will present this um this is the uh looking at the property from the roadway um the site as i mentioned before is pretty much surrounded by the city of haynes city the northeast part of the county uh the pud 83-2 is in an enclave it is a uh development that began as an rv park and has since added mobile homes uh first single wides and then later uh amended for double wides and the various setback amendments side as you see here you can see the location of the shed this is an existing structure uh that was i believe cited by codes and uh they're seeking a building permit the shed is this is the site plan and the location of the shed is within one foot of the property rear property line this is the view from the street as you can see back back of the shed this is looking from the western property line the parcel line uh more than likely we don't have a precise measurement but i believe the parcel line is this row of bricks that separates two different lots this shed would have not required a variance had it been about a foot and a half shorter the the shed exceeds the 10 feet in height we have an exemption for sheds less than 400 square feet and less than 10 feet in height they can go to the property line this one is from our measurements about 11 and a half feet give or take depending on which side you're measuring it from this is at the rear of the property in the proximity uh it meets the building code requirements of being six feet from any off-site uh structure uh the it is one foot the the property line is estimated to be this row of brick dividers staff finds the shed will not be injurious or detrimental to the public uh it's just a foot and a half over what would have been exempt that's not a significant difference there's also many other sheds as you can see throughout the development that are right up on the property line as well as you look down what appears to be the proximity of the property lines going behind the development the utility easement in the rear is under the hoa the applicant has received approval from the hoa we don't have any documentation in the file but we are we understand from the applicant that that has been done um the there are utilities uh power conduit and things in that uh utility easement but it appears to be functional as you can see all the other structures that have uh encroached upon the five foot utility easement in the rear so with that i'll stand for questions oh if the shed had been it's um if it were only 10 feet tall not only could it be in its current location but it could be right at the property line yes ma'am the uh awning here is approximately uh eight eight feet in height so you see how much how it goes about two a little more two and a half feet um there's uh in the conditions of approval the first condition says that the um structure is 86 square feet is that correct yes the they the dimensions they provided were um smaller than what we but we patted it with a little bit more uh because there are there's some uh other portions that might be counted in the square footage of the uh structure uh the connection to the uh carport or the the rear porch where it meets there is some overlap according to one survey and i don't have a good picture of it but i believe it it comes out a little further so we wanted to account for that so we estimated a little extra just so they didn't have to go back see you again for a square foot or two are there any other storage sheds on site or is this not on this property no okay and now i would like to hear from the applicant's representative and again if you could start uh with your name and address sir my name is craig zinc address 3083 southwest circle street port st lucie florida 34953 and sally nickerson is my sister and i've got a statement to hear that she had texted me that she wanted me to read she says i saw nickerson went to the office at westview ride westview road to find out what i would have to do to have a shed built on site patty emel had just retired a few days before and melissa was on the phone it was a new employee who i talked to she said to fill out a plot plan she we took measurements and submitted it and it was approved i submitted site plan building plan and survey that was done by engineers when which you should have in the county portal if i have to tear this down eight by eight shed it would be a terrible hardship for me after all the extra expenses and she just says thank you sally nickerson that's it okay um is there anything you wanted to add in in addition to your sister's statement or in addition to what you've heard from staff uh no no okay um do you have any idea of what sort of items will be stored in the shed no address what hardship your sister might experience if the application were to be denied well just the expenses involved in tearing it down and hauling it away anything else you'd like to add no no thank you i don't see anyone else in the room but i'm going to ask just in case someone's hanging out in the hallway is there anyone who came here today to speak to this application either for or against no one will close public comment anything else from staff nothing else on this case thank you um and i think uh that concludes our discussion for today our next meeting is november 12th and that's a tuesday correct tuesday and uh it's yes we're we have a much uh larger agenda oh we do for that yes it'll be it'll be a quite a difference from this this hearing to that one all right that's fine all right thank you very much uh we're done