OKAY APRIL 3RD 2019 MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO
[Call to Order]
[00:00:05]
ORDER. NANCY [INAUDIBLE] WILL LEAD US IN THE PLEDGE OF ALLEGIANCE. PLEASE RISE.THANK YOU NANCY. SHONDRA WILL YOU CALL THE ROLL PLEASE. YES.
MISS [INAUDIBLE]. HERE MR. FELIX. HERE. MS. JORDAN. HERE. MS. MARAGH. PRESENT. MR. REID. WE ARE EXPECTING MR. WARNER. PRESENT. MR. WEINBERG. HERE. OUR SCHOOL BOARD APPOINTEE HAS NOT BEEN ASSIGNED YET AND OUR BOARD ATTORNEY MR. JAMES STOKES IS PRESENT. MR. CHAIRMAN WE HAVE A QUORUM THANK YOU SHONDRA. FIRST THE FIRST MOTION WE NEED A MOTION FOR THE ADOPTION OF MINUTES OF OUR MARCH 18TH MEETING. DO I HAVE MOTION PLEASE.
I MAKE A MOTION TO ACCEPT. I MAKE A MOTION TO ACCEPT. SECOND. WE HAVE A MOTION SECOND ANY DISCUSSION. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.
FIRST OF ALL I'D LIKE TO WELCOME OUR NEWEST MEMBERS DONNY FELIX AND HOPEFULLY KEVIN REID WILL JOIN US SHORTLY. FOR THE BENEFIT OF EVERYONE IN ATTENDANCE. THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF SEVEN MEMBERS. ALL MEMBERS OF THE BOARD ARE UNPAID VOLUNTEERS APPOINTED BY THE CITY COUNCIL. OUR PROCEDURES ARE AS FOLLOWS THE GROWTH MANAGEMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE. BOARD MEMBERS WILL BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF. THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO COME TO THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD. THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS. WE WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION THEN THOSE IN OPPOSITION TO THE APPLICATION. ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS AT THE PODIUM. PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AS A COURTESY I ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS. AFTER PUBLIC COMMENTS I WILL BRING THE CASE BACK TO THE BOARD AT THIS TIME THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE PUBLIC WILL BE HEARD. I WILL THEN CALL FOR A MOTION AND A SECOND AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION. I WILL THEN CALL FOR A VOTE.
DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION. THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.
[Announcements]
OUR FIRST CASE IS V-7 2019 A VARIANCE REQUEST TO ALLOW AN EXISTING FENCE TO ENCROACH THE 15 FOOT SIDE CORNER SET BY BY A MAXIMUM OF TWELVE POINT EIGHT FEET AS PROVIDED IN SECTION 170.114 OF THE PALM BAY CODE OF ORDINANCES. ANALYSIS A VARIANCE FROM THE LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST THAT WOULD RESULT IN UNNECESSARY HARDSHIPS IF THE PROVISIONS OF LAND DEVELOPMENT CODE WERE ENFORCED. HOWEVER A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED FROM THE VARIANCE. AN APPLICANT MUST DEMONSTRATE THAT ITEMS 1 THROUGH 7 OF SECTION 169.009[Agenda Revisions & Consent Agenda]
OF THE CODE OF ORDINANCES HAVE BEEN MET. A REVIEW OF THESE ITEMS IS AS FOLLOWS. ITEM 1 SPECIAL CONDITIONS AND CIRCUMSTANCES THAT EXIST WHICH ARE PECULIAR TO THE LAND. THE APPLICANT HAS STATED OF THE EXISTING FENCE WAS INSTALLED BY THE PREVIOUS PROPERTY OWNER. THE APPLICANT IS REQUESTING RELIEF FROM THE 15 FOOT SIDE CORNER SET BACK TO ALLOW THE EXISTING FENCE TO ENCROACH THE SETBACK BY A MAXIMUM OF TWELVE POINT EIGHT FEET. ITEM 2 SPECIAL CONDITIONS AND CIRCUMSTANCE IDENTIFIED IN ITEM ONE ABOVE ARE NOT A RESULT OF THE ACTIONS OF THE APPLICANT. SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED AN ITEM ONE OR NOT A DIRECT RESULT OF THE ACTIONS OF THE APPLICANT. THE EXISTING FENCE WAS INSTALLED BY THE PREVIOUS PROPERTY OWNER. HOWEVER THE FENCE WAS NEVER PROPERLY PERMITTED AND INSPECTED.ITEM THREE LITERAL INTERPRETATION ENFORCEMENT OF LAND DEVELOPMENT CODE.
[INAUDIBLE] INTERPRETATION AND ENFORCEMENT OF LAND DEVELOPMENT CODE WOULD REQUIRE THE APPLICANT TO REMOVE THE EXISTING FENCE AND BUILD WITHIN THE REQUIRED SET BACKS OR CONSTRUCT A FENCE THAT IS NO TALLER THAN FOUR FEET. ITEM FOUR THE VARIANCE OF GRANTED IS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE OF LAND BUILDING OR STRUCTURE. THE APPLICANT WOULD REQUIRE TWELVE POINT EIGHT FEET OF RELIEF FROM THE 15 FOOT SIDE CORNER SETBACK FOR THE EXISTING FENCE TO REMAIN AS IS. ITEM FIVE GRANTING OF THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGES THAT IS DENIED BY THE DEVELOPMENT CODE TO OTHER LANDS, BUILDINGS, OR STRUCTURES IN THE SAME LAND USE CATEGORIES ZONING DISTRICT OR SITUATION. GRANTING OF THE VARIANCE WOULD CONFER TO THE APPLICANT SPECIAL PRIVILEGE FOR THE ENCROACHMENT OF THE SIDE CORNER SETBACK. ITEM SIX GRANTING
[00:05:02]
OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE CODE AND WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTY OWNERS OR DETRIMENTAL TO PUBLIC WELFARE. STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO PUBLIC WELFARE. HOWEVER GRANTING THE VARIANCE WOULD PROVIDE RELIEF FROM SECTION 170.114 OF THE PALM BAYCODE OF ORDINANCES. ITEM EVEN DEALS WITH BERT J.HARRIS ACT. STAFF HAS NOT RECEIVED A CLAIM MADE UPON THIS PROPERTY.
STAFF RECOMMENDATION PLANNING AND ZONING BOARD MUST DETERMINE BASED ON THE FACTS PRESENTED TO WHAT DEGREE IF ANY MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION 169.009 OF THE CITY OF PALM BAY CODE OF ORDINANCES AND MAKE A RECOMMENDATION TO CITY COUNCIL FOR FINAL REVIEW. THAT BEING SAID THE APPLICANT IS IN ATTENDANCE AND I'D BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU CHRIS. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF. CAN YOU PUT THE SURVEY UP AND IDENTIFY WHERE YOU'RE TALKING ABOUT.
[INAUDIBLE]. OKAY. ANY OTHER QUESTIONS FOR STAFF. SEEING NONE WILL THE APPLICANT OR HIS REPRESENTATIVE PLEASE COME TO THE PODIUM. GOOD EVENING. MY NAME IS NATHAN [INAUDIBLE] AND I'M AN ATTORNEY WITH [INAUDIBLE] AND I'M REPRESENTING MR. JUAN BLANCO THIS EVENING FOR HIS VARIANCE. AS STAFF HAS STATED WE ARE HERE TONIGHT ON THE VARIANCE APPLICATION FOR MR. JUAN BLANCO'S RESIDENCE AT 1261 NE KNECHT ROAD IN PALM BAY FLORIDA AND I DO HAVE A PRESENTATION THIS EVENING TO HELP US IN VISUALS. IS A WAY FOR ME TO CLICK THE PERFECT. THANK YOU. AS THE CITY STAFF STATED THERE ARE
[Recognitions & Proclamations]
SIX THINGS THAT THE CITY OF PALM BAY LOOKS AT WHEN LOOKING AT THE CODE AND I'M GOING TO GO THROUGH THOSE INDIVIDUALLY SIMILAR TO HOW THESE CITY STAFF DID IT AND THEN I ALSO HAVE SOME OTHER THINGS TO SHOW AS WELL.SO FIRST SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE PROPERTY THAT ELEMENT IS MET HERE AS THE FENCE ON THE SOUTHEAST CORNER OF MR. BLANCO'S PROPERTY IS TWELVE POINT EIGHT FEET INTO THE SETBACK AND AS I'LL MENTIONED LATER I THINK IT'S IMPORTANT THAT WE'RE WE'RE TALKING ABOUT THE SOUTHEAST CORNER OF THE FENCE THIS EVENING NOT NOT THE WEST PORTION OF THE FENCE JUST THE SOUTHEAST. THE WEST HAS BEEN PROPERLY PERMITTED AND THERE'S NO ISSUE WITH THAT. SECOND THE SPECIAL CONDITIONS MUST NOT BE CAUSED BY THE APPLICANT. THIS ELEMENT IS MET BECAUSE THE FENCE WAS IN THIS CONDITION WHEN MR. BLANCO PURCHASED THE PROPERTY IN OCTOBER OF 2017 AND I WILL DEMONSTRATE THAT WITH COMPETENT AND SUBSTANTIAL EVIDENCE THIS EVENING. THIRD LITERAL INTERPRETATION OF THE CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES. HERE THAT ELEMENT IS MET BECAUSE IF THE VARIANCE IS NOT GRANTED MR. BLANCO I HAVE TO GO TO GREAT EXPENSE TO NOT ONLY MOVE HIS FENCE BUT ALSO TO MOVE HIS AIR CONDITIONING UNIT, AN OAK TREE AN AC UNIT, A CONCRETE SIDEWALK, AND A VEGETABLE GARDEN. ADDITIONALLY PART OF THE REASON THAT HE PUT UP HIS WEST FENCE WHICH HE PROPERLY PERMITTED WAS TO HAVE AN ENCLOSED AREA FOR HIS DOGS TO PLAY IN THE BACKYARD. FOURTH THIS IS THE MINIMUM NECESSARY VARIANCE. THIS KEEPS THE STATUS QUO AS IT HAS BEEN FOR OVER A DECADE. NO ONE HAS COMPLAINED OVER THE PAST DECADE UNTIL LAST SUMMER AND I WILL SHOW IT HAS BEEN IN THE SAME LOCATION FOR AT LEAST THAT TIME BUT LIKELY LONGER. FIFTH NO SPECIAL PRIVILEGES ARE GRANTED TO MR BLANCO AND I THINK THIS IS IMPORTANT. I DO RESPECT THE CITY STAFF'S ANALYSIS THAT STATED THAT THERE WOULD BE A SPECIAL PRIVILEGE GRANTED BUT THERE THERE'S A SPECIAL PRIVILEGES ONLY GRANTED HERE AS EVERY OTHER VARIANCE GRANTED SPECIAL PRIVILEGE. MR BLANCO HAS NEVER HAS NOT CAUSED THIS AND HE PURCHASED THE HOUSE IN THIS CONDITION AND HE HAD NO KNOWLEDGE OF THE LACK OF PROPER PERMITTING.
HE'LL ONLY BE KEEPING THE STATUS QUO AND HE'S NOT TRYING TO GET AROUND PERMITTING AND HE DOESN'T HAVE UNCLEAN HANDS. NUMBER SIX IS THAT GRANTING THIS VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE PALM BAY CODE AND AS CITY STAFF SAID QUOTE THEY DO NOT IDENTIFY ANY DETRIMENTAL EFFECT TO THE PUBLIC WELFARE.
SO AS MENTIONED EARLIER MR. BLANCO'S PROPERTY IS OWNED RURAL RESIDENTIAL. AND HERE IS A GOOGLE
[00:10:03]
STREET VIEW PHOTO FROM 2011. AND YOU CAN SEE WHERE THE ARROW IS POINTING THAT THE FENCE IS IN THE SAME LOCATION IT IS THERE. AND PART OF THE REASON FOR THE 15 FOOT SETBACK AND THE REASON IS TWELVE POINT EIGHT FEET IS BECAUSE THE RIGHT OF WAY GOES TO ONLY A COUPLE OF FEET IN FRONT OF THE FENCE. SO IT'S NOT LIKE IT'LL BE RIGHT ON THE ROAD. IT'LL BE IT'LL BE SET BACK A LITTLE BIT FROM THE ROAD.HERE'S ANOTHER STREET VIEW PHOTO FROM ROC ROSA DRIVE AND THE GOOGLE AS IN THE TOP LEFT CORNER A DATE STAMP WHEN THE PHOTO WAS TAKEN AND IT WAS TAKEN IN MARCH OF 2011.
WHICH THROUGH THE PROPERTY APPRAISERS WEBSITE WAS NOT JUST THE PREVIOUS PROPERTY OWNER BUT THE PREVIOUS PROPERTY OWNER TO THE PREVIOUS PROPERTY OWNER.
AS SHOWN BY THIS DEED MR. BLANCO PURCHASED THIS PROPERTY IN OCTOBER OF 2017 AND THIS IS HIS PERMIT THAT HE PULLED TO INSTALL THE WEST PART OF THIS FENCE NOT AND NOT THE SOUTHEAST PART OF THIS FENCE. AND I DON'T HAVE THE PERMIT FROM 2000 FROM THE EARLY 2000S WHEN THIS FENCE WAS PUT IN. BUT IT IS MY BELIEF THAT THE FENCE WAS PERMITTED HOWEVER THERE WERE JUST NOT A FINAL INSPECTION WHICH IS WHY IT WAS NOT PROPERLY PERMITTED. AND HERE'S THE PROPERTY SURVEY THAT MR. BLANCO RECEIVED WHEN HE PURCHASED HIS HOUSE IN 2017. THE SURVEY WAS COMPLETED IN 2013 AND IT SHOWS THE FENCE IN THE CURRENT LOCATION. AND THAT'S ALL AND I'M WILLING TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE. IS BOARD HAVE ANY QUESTIONS. SEEING NONE THANK YOU SIR. THANK YOU.
FOR THE REASONS STATED ABOVE. THIS BOARD SHOULD GRANT THE VARIANCE TO MR. BLANCO.
IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS APPLICATION. ANYONE WHO WISHES TO SPEAK OPPOSE THE APPLICATION. SIR PLEASE COME TO THE PODIUM. IF YOU HAVEN'T ALREADY DONE SO PLEASE FILL OUT A OATH CARD AND STATE YOUR NAME AND ADDRESS. YEAH I HAVEN'T DONE THAT YET BUT WE WILL. MY NAME IS KEVIN [INAUDIBLE]. I LIVE A 1200 CIMARRON CIRCLE. I'VE BEEN THERE SINCE 2001.
I'M A DISABLED VETERAN. I DON'T KNOW THIS GENTLEMAN BUT SINCE HE'S BOUGHT THE HOUSE HE HAS HAD HIS THE FRONT OF HIS HOUSE FROM WHAT I UNDERSTAND LEGALLY CHANGED WITH PALM BAY TO BE [INAUDIBLE] SO THAT HE CAN MOVE THAT NOW THE FRONT OF HIS HOUSE ON KNECHT ROAD IS NOW IS A SIDE YARD SO THAT HE CAN PUT A SHED OUT THERE AND THE BACK SIDE OF THE FENCE IS OUT LIKE TEN FEET WHERE HE STORES CONSTRUCTION EQUIPMENT BEHIND. NOW IF THE GENTLEMAN HAS DONE ALL THIS AND NOW SAYS THAT HIS GARAGE DOOR IS HIS FRONT DOOR THEN ONE NEEDS TO HAVE HIS ADDRESS CHANGED TO BE [INAUDIBLE] NOT KNECHT ROAD. AND 2 HE NEEDS TO GO AHEAD AND MOVE THE FENCE BACK BEHIND THE FACE OF HIS HOUSE LIKE IT IS WITH ANYBODY ELSE IN THE AREA. NO HE DOES NOT GET A PERMIT DOES NOT GET A VARIANCE ON THIS NEW FENCE. HE'S ALREADY COME IN DISRUPT THE NEIGHBORHOOD THE AREA.
EVERYBODY LIVES IN. THERE'S LIKE 15 TRUCKS PARKED IN THE DRIVEWAY ALL THE TIME IN THE YARD AND EVERYWHERE ELSE. THERE'S PEOPLE LIVING IN THE SHED. SO NO THIS IS NOT NO NOT GOOD. NEEDS TO BE CHANGED. ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK AGAINST THIS APPLICATION. SIR. MY NAME'S DONNIE NETTLES AT 1290 KNECHT ROAD. I LIVE RIGHT DOWN THE STREET FROM THIS PROPERTY. AND GETTING IS WHAT HE WAS SAYING ABOUT THE SHED IN THE FRONT YARD. IT'S MY UNDERSTANDING AND I LOOKED AT THE PERMIT. THE CITY OF PALM BAY CALLS THAT A SIDE YARD WITH THE UNDERSTANDING. MY UNDERSTANDING WAS IS THAT THE CORNER LOT CAN HAVE TWO FRONTS. SO I LOOKED IT UP AND IT'S TRUE. YOU CAN HAVE TWO FRONT FACES. HOWEVER THE ADDRESS IS ACTUALLY ON KNECHT ROAD BUT THERE IS NO PLACE THAT I'VE SEEN WHERE YOU CAN ACTUALLY BRING IN A SIDE YARD INTO THE FRONT YARD IN ANY DIRECTION WITH TWO FRONTS YOU HAVE TWO SIDES AND NO BACKYARD. SO HOW THE CITY OF PALM BAY APPROVED A SHED IN THE FRONT YARD. I'LL
[00:15:03]
NEVER KNOW. I THINK IT'S RIDICULOUS. I THINK IT IS DEMEANING TO THE NEIGHBORHOOD. SO I ALSO WENT AROUND BECAUSE WITHOUT HAVING THE TOTAL INFORMATION WHEN YOU SEND OUT SOMETHING YOU SHOULD SEND MORE INFORMATION WITH IT.ABOUT WHAT THIS FENCE WAS ALL ABOUT. SO WHEN I SAW THE INFORMATION I ASSUMED THAT HE WAS TRYING TO PUT A FENCE ALL THE WAY AROUND HIS PROPERTY WHICH WOULD MAKE SENSE SO HE COULD PARK ALL HIS VEHICLES AND ALL THAT. AND HE HAS A LOT OF VEHICLES EITHER WAY. SO IF IF THE VEHICLES AND BY THE WAY THESE ARE NOT PERSONAL USE VEHICLES.
THESE ARE LIKE TWO TWO AND A HALF TON STATE BODY TRUCKS ONE TON VANS WITH NO WINDOWS IN THEM. SO THEY'RE PURELY WORK TRUCKS. SO I MEAN IT'S NOT LIKE YOU KNOW THEY'RE 15 PEOPLE LIVING IN A HOUSE AND EACH ONE OF THEM HAS A VEHICLE. IT'S IT'S PURELY COMMERCIAL VEHICLES. I KNOW THAT PEOPLE HAVE A COMPLAINT. NOBODY'S DONE ANYTHING ABOUT IT. AGAIN HE'S UPSET THE NEIGHBORHOOD BY DOING A LOT OF TRASH.
THAT'S WHAT I CALL IT TRASH MAKING THE NEIGHBORHOOD LOOK TRASHY. SO THAT'S ALL I GOT TO SAY. YOU'LL HAVE AN OPPORTUNITY TO RESPOND. IF YOU WOULD LIKE THIS THIS WAS AGAINST THE VARIANCE. THERE IS 44 HOMES WITHIN THE NEIGHBORHOOD WITHIN THE 500 FOOT CIRCLE THAT SIGNED THIS PETITION. SUBMIT THAT TO MR. STOKES IF YOU'D LIKE.
MR. WEINBERG JUST LET YOU KNOW MR. BLANCO'S ATTORNEY HAS CONTACTED ME TWICE. HE'S WHAT HE'S OBJECTING TO IS THIS DISCUSSION THAT EXCEEDS JUST DISCUSSION OF THIS FENCE SUCH AS THE SHED. UNDERSTOOD I ACTUALLY I MADE IT NOT OF THAT HE'LL HAVE THE OPPORTUNITY AS YOU KNOW TO RESPOND TO THOSE COMMENTS. NO SIR YOU GET ONE BITE OF THE APPLE. SIR.
SIR YOU GET ONE OPPORTUNITY TO SPEAK AND THAT'S IT. IS THERE ANYONE ELSE MA'AM.
HI MY NAME IS MARIA NICHOLS AND I LIVE ACROSS THE STREET. IF YOU WOULD ALSO PLEASE. 1900 ROC ROSA DRIVE. YES MA'AM PLEASE FILL OUT AN OATH CARD AND LEAVE IT AT THE PODIUM WHEN YOU'RE DONE. SURE. THANK YOU. DO YOU WANT ME TO DO THIS FIRST. YOU CAN DO IT. YOU CAN SPEAK IN FRONT. I OPPOSE THIS VARIANCE AND FOR MANY MANY REASONS. NUMBER ONE THAT WEST SIDE FENCE THAT WAS PERMITTED BY THE PREVIOUS PEOPLE THAT OWN THE PROPERTY AND NEXT BEHIND HIM NOW THEY OWN BOTH PROPERTIES. IT WAS A DONE BY A HOMEOWNER AND IT WAS SPACED OUT AND THEY CAME THEY HIRED A YOUNG GUY AND A 5 YEAR OLD TO COME OUT THERE AND REDO THE FENCE WITHOUT A PERMIT. WE MET THE PEOPLE THAT DID IT.
NUMBER ONE. NUMBER TWO. THIS IS A QUASI JUDICIAL HEARING AND WE'RE TALKING ABOUT THAT FENCE.
FOLKS PLEASE CAN YOU CAN FIND YOUR COMMENTS TO THE SPECIFIC ISSUE OF THE FENCE ON THE SOUTHEAST SIDE. THAT'S ALL THAT IS UNDER DISCUSSION. LET ME LET ME TRY TO GET THIS CLEAR. THIS FENCE IS GOING TO GO FORWARD TO CONNECT. I'M ACROSS THE STREET. IS THAT ON ROC ROSA TO THE FRONT CORNER. WE'LL LET THE ATTORNEY ANSWER
[Public Comments/Responses]
THAT. THIS IS NOT A GIVEN TAKE WE DON'T ANSWER QUESTIONS. OKAY WELL THAT'S OBSTRUCTION OF PATHING. WE CAN ADDRESS THAT WE CAN ADDRESS THAT AFTER AFTER. AS [INAUDIBLE] VALERIE CARTER HAS BEEN PURSUING CODE ENFORCEMENT THAT IT IS AN OBSTRUCTION OF TRAFFIC. THERE'S SCHOOL BUSES. THERE'S TWO SCHOOLS AND ALL YOU HEAR IS BEEP BEEP HONK HONK I HAVE PICTURES FOR HER OF ALL THESE VEHICLES.ANOTHER ISSUE AGAIN. OKAY WHAT'S THE FENCE GONNA DO. THIS BODY IS ONLY DISCUSSING THE SPECIFIC VARIANCE REQUEST FOR THE FENCE ANY OTHER CODE CODE ISSUES ANY OTHER CODE COMPLAINTS. THAT'S ANOTHER ISSUE THAT THIS BOARD DOESN'T HEAR. OKAY WE'VE GOT LOTS OF THOSE. I OPPOSE. OKAY ANYONE ELSE IN THE AUDIENCE.
MR. WEINBERG JUST JUST FOR THE RECORD THIS FENCE HAS BEEN FOUND IN AS A VIOLATION BY CODE ENFORCEMENT HAS BEEN ALREADY HEARD BY THE CODE BOARD LATE LAST YEAR AND FOUND A VIOLATION SO. IT WAS SOMETHING THE APPLICANT DID NOT KNOW INCLUDING THE PRESENTATION. THANK YOU. ANYONE ELSE WHO WISHES TO SPEAK AGAINST. SIR. MA'AM COULD YOU TAKE THAT TO YOUR SEAT AND DO IT AND JUST PUT IT BACK IN THERE SO THE NEXT GENTLEMAN COULD SPEAK.
[00:20:06]
I'M EDWARD SHEA AT 1299 KNECHT ROAD. I AM A PIECE OF PROPERTY TWO HOUSES DIRECTLY TO THE NORTH OF HERE. I'M REALLY GETTING UP BECAUSE I'M CONFUSED. I'D LIKE A CLARIFICATION ABOUT WHAT IS THIS PERMIT TO DO ALL ABOUT. IS IT TO EXTEND THAT FENCE ALL THE WAY OUT TO KNECHT ROAD I DON'T UNDERSTAND. SO I'M LOOKING FOR THAT CLARIFICATION. JUST IF YOU WOULD GET A LOOK. ORIGINALLY ORIGINALLY WHAT WE RECEIVED LEFT THE IMPRESSION THAT THERE'D BE A FENCE ALL THE WAY AROUND THE PROPERTY. ONE GOING DOWN KNECHT ROAD ITSELF AND THEN A CROSS ON ROC ROSA. SO I WHAT I'M HEARING IS THIS ONLY DEALS WITH THE SOUTHEAST CORNER OF THE LOT DOWN ROC ROSA. NO THAT'S FINE. I'M JUST TRYING TO UNDERSTAND HOW FAR IS THAT JUST REPLACING THE EXISTING FENCE OR IS IT. IT WOULD FILL OUT THAT FORM PLEASE AND HAVE A SEAT SIR AND WE WILL WE WILL GET TO THAT WE'LL WE'LL CLARIFY THAT ISSUE. IS THERE ANYONE ELSE IN THE AUDIENCE MA'AM. BUT I HAVEN'T FILLED OUT A CARD. NANCY TALBERT 1203 KNECHT ROAD.WE'VE LIVED THERE FOR THIRTY NINE YEARS AND THIS FENCE IS GOING TO CAUSE TRAFFIC PROBLEM I THINK FOR PULLING OUT AND ONTO THE ROAD. AND I KNOW YOU DON'T WANT TO HEAR IT BUT EITHER THIS HOUSE IS EITHER ON KNECHT ROAD OR IT'S ON ROC ROSA AND I THINK Y'ALL NEED TO CLARIFY THAT. WE GOT THESE PAPERS FOR THE FENCE. WE GOT NOTHING FOR THAT SHED AND I CAN. MA'AM. MA'AM. MA'AM THAT HAS NOTHING TO DO WITH THIS.
GOING TO BE BIASED ON ONE OR TWO THINGS THIS TIME IT'S THE FACTS. MA'AM MA'AM THIS PLANNING AND ZONING BOARD IS JUST CONSIDERING A VARIANCE FOR THE EXISTING FENCE ON THE SOUTHEAST CORNER. THAT'S THE ONLY ISSUE THAT THIS BOARD. WELL FOR THE ONLY ISSUE I OPPOSE IT. THANK YOU MR. WEINBERG. THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE. I HAVE A SUGGESTION. INSTEAD OF. MY NAME IS ELIZABETH SHAE I LIVE AT 1299 KNECHT ROAD.
WE'VE BEEN IN PALM BAY FOR A LONG TIME FORTY TWO YEARS FORTY THREE YEARS. WHY DON'T THE OWNERS INSTEAD OF TAKING DOWN AN EXISTING FENCE TO PUT UP A NEW FENCE IT'S GONNA BE HIGHER BECAUSE NEXT YEAR HE WON'T BE BACK WITH HE WANTS A HIGHER FENCE AROUND THE OTHER SIDE. WHY DOESN'T HE LEAVE THAT PROPERTY OR TAKE SOME OF THOSE TRUCKS HE'S PARKING AT THE FRONT YARD AND BRING THEM DOWN ROC ROSA AND PARK THEM ON THAT GRASS AREA BECAUSE IT IS REALLY AN EYESORE TO SEE THESE THINGS PARKED EVERY WHICH WAY IN THE FRONT YARD. MA'AM MA'AM AGAIN. I'M JUST TELLING YOU. WELL I APPRECIATE THAT AND IF YOU WOULD FILL OUT AN OATH CARD. HOWEVER AS I SAID THAT'S THAT IS NOT IN THE PURVIEW OF THIS BOARD. IF YOU HAVE. ALL RIGHT WHO DO WE GO TO.
CODE ENFORCEMENT. THEY WON'T DO ANYTHING. WELL MA'AM. THAT'S A JOKE. I MEAN WE'VE BEEN THAT ROUTE AND GOT NOWHERE. WELL I'M JUST FRUSTRATED AFTER ALL THESE YEARS. I UNDERSTAND THAT. ANYONE ELSE IN THE AUDIENCE. SIR WOULD YOU LIKE TO RESPOND TO SOME OF THESE COMMENTS. GOOD EVENING. YES. YES. WE WERE BROUGHT IN FRONT OF THE CODE ENFORCEMENT BOARD AND WHAT THE CODE ENFORCEMENT BOARD SUGGESTED IS EXACTLY WHAT WE'RE DOING. THE CODE ENFORCEMENT BOARD SUGGESTED THAT WE APPLY FOR A VARIANCE. AND THAT'S THAT'S WHAT WE'RE HAT'S EXACTLY WHY WE ARE HERE. AND I AGREE WITH WHAT THESE PEOPLE SAID. I DON'T THINK THE FENCE SHOULDN'T BE MOVED AND THE FENCE. IF THIS VARIANCE IS GRANTED WON'T BE MOVED. THE FENCE WILL BE LEFT IN THE SAME LOCATION IT IS TODAY AND IT HAS BEEN FOR A DECADE. EXACTLY NO ONE'S GOING TO TOUCH THE FENCE. NO ONE'S GOING TO MOVE THE FENCE. SO I THINK WE'RE KIND OF ALL IN AGREEMENT. I THINK THERE'S JUST BEEN SOME CONFUSION. SO WE WOULD ASK AGAIN WE'D ASK THIS BOARD TO GRANT THE VARIANCE BECAUSE AS IT SEEMS THAT CONSENSUS IS BASED ON HOW I'M UNDERSTANDING IT IS THAT THE FENCE IS FINE AS IS. IT WON'T BE EXTENDED CLOSER TO THE ROAD. NONE NONE OF THE FENCE WILL BE TOUCHED AND WE'LL BE KEPT EXACTLY AS IS AND LIKE IT HAS BEEN FOR FOR A DECADE. AND A LOT OF THESE PEOPLE ARE LONGTIME RESIDENTS THERE AND I THINK THEY'VE NOBODY SAID THE FENCE HAS MOVED YET EITHER. AND EVERYBODY HAS WHEN THEY'VE COME UP HERE AND TESTIFIED SWORN TO TELL THE TRUTH UNDER PENALTY OF PERJURY SO THANK YOU. THANK YOU SIR. ALL RIGHT SIR.
JUST SO YOU UNDERSTAND THAT'S WHAT THE CARDS ARE THAT THEY HAVE.
[00:25:06]
DO NOT ADDRESS THE BOARD ATTORNEY.HEARING AND BRING IT BACK TO THE BOARD FOR A MOTION PLEASE. OH KEVIN THAT WASN'T NICE.
BEFORE I CALL FOR A VOTE. I JUST WANT TO COMMENT ON A COUPLE OF THINGS. NUMBER ONE IS YOU KNOW I THINK THERE'S A LITTLE CONFUSION ON THE PART OF SOME OF THESE PEOPLE THAT THIS VARIANCE IT ONLY AFFECTS THE EXISTING FENCE. THERE'S NOT GONNA A NEW FENCE BUILT. THE FENCE IS NOT GOING TO BE MOVED. AND MY FROM UNDERSTANDING IS THE REASON THAT THIS WAS TAKING TAKEN TO CODE ENFORCEMENT THEY FOUND A IT WAS A VIOLATION OBVIOUSLY BECAUSE OF THE EXISTING THIS FENCE. AND THEY RECOMMENDED AS THE ATTORNEY SAID THEY RECOMMENDED TO APPLY FOR A VARIANCE BUT THIS FENCE HAS EXISTED IN ITS CURRENT CONDITION IN ITS CURRENT LOCATION FOR A LONG TIME. THE OTHER ISSUES THAT YOU KNOW THAT A LOT OF PEOPLE BROUGHT UP ARE OUT OF OUT OF OUR PROVINCE. WE WE HAVE REALLY NOTHING THAT WE CAN WE CAN DO ABOUT THAT. SO YOU KNOW I'M GONNA SUPPORT THIS APPLICATION. ANY OTHER COMMENTS. MR. CHAIRMAN I'M GLAD THAT YOU KIND OF ARE TRYING TO EXPLAIN IT BECAUSE IT WAS VERY CONFUSING AND IT'S NOT TO APPROVE ANY NEW FENCING GOING UP IT'S JUST THAT LITTLE THAT PIECE RIGHT THERE THAT WAS SHOWN ON THE SURVEY IS AS I UNDERSTAND IT. SO THEREFORE IT'S BEEN THERE FOR A WHILE AND I DON'T KNOW IF ANYBODY ELSE IF THEY'VE COMPLAINED LIKE SINCE 2013 OR BEFORE. AND SO YOU KNOW THAT'S JUST MY COMMENT. I'M GOING TO APPROVE IT AS WELL. ANY OTHER COMMENTS YOU KNOW OWN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUSLY.
OUR NEXT CASE IS FD-8-2019 WHICH IS WE HAVE A REQUEST FOR A CONTINUANCE TO OUR MAY 1ST MEETING SO IF I CAN GET A MOTION FOR THAT. MOTION TO CONTINUE FD-8-2019 TO THE MAY 1ST PLANNING AND ZONING BOARD MEETING. SECOND. MOTION AND A SECOND. ANY DISCUSSION.
SEEING NONE. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES UNANIMOUS THEN. ANYTHING ELSE PATRICK OR CHRIS. FOR A POINT OF CLARIFICATION ON THE FENCE VARIANCE. I DIDN'T QUITE CATCH WHO THE SECOND WAS. DONNIE FELIX. DONNIE OKAY THANK YOU VERY MUCH. OKAY. SOME LITTLE HOUSEKEEPING THAT'S ALL. ALL RIGHT. THANK YOU PATRICK. MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.