BOARD OF ADJUSTMENT MEETINGNovember 15, 2018

7:00 PMAdministration Building,

4th Floor, BCC Meeting Room, 477 Houston Street,Green Cove Springs, FL 32043

CALL TO ORDER

APPROVAL OF MINUTES

Board of Adjustment Meeting Mintues 9-27-2018

PUBLIC COMMENT

PUBLIC HEARINGS

1. Public Hearing To Consider Application BOA-18-06 Variance For AccessoryStructure PlacementRequest for a Variance to Allow for An Accessory Structure in the Side Yard.

2. Public Hearing To Consider Application BOA-18-07 Variance For Lot WidthVariance Request to Reduce Lot Width Requirement from 100' to 85'.

3. Public Hearing To Consider Application BOA-18-08 Variance For AccessoryStructure PlacementRequest for a Variance to Locate an Accessory Structure in the Front Yard

4. Public Hearing to Consider Application BOA-18-09 Variance for AccessoryStructure PlacementVariance To Allow For An Accessory Structure In The Front Yard

PUBLIC COMMENT

ADJOURNMENT

In accordance with the Americans with Disabilities Act, any person needing aspecial accommodation to participate in this matter should contact the Clay CountyADA Coordinator by mail at Post Office Box 1366, Green Cove Springs, FL 32043, orby telephone at number (904) 269-6347 no later than three (3) days prior to thehearing or proceeding for which this notice has been given. Hearing impairedpersons can access the foregoing telephone number by contacting the FloridaRelay Service at 1-800-955-8770 (Voice), or 1-800-955-8771 (TDD).

Agenda Item

BOARD OF ADJUSTMENT

Clay County Administration BuildingThursday, November 15 7:00 PM

TO: BOAMembers DATE: 11/8/2018

FROM: KellieCollins SUBJECT: AGENDA ITEMTYPE:

ATTACHMENTS:Description Type Upload Date File NameBOA Minutes 9-27-2018 Backup Material 11/9/2018 BOA_Minutes_09-27-

2018.pdf

BOARD OF ADJUSTMENT MINUTESSeptember 27, 2018

7:00 PMAdministration Building,

4th Floor, BCC Meeting Room, 477 Houston Street,Green Cove Springs, FL 32043

CALL TO ORDER

Present: Keith Hadden, ChairmanMickey Hall, Vice ChairmanMark CorneliusTrish Kolosky

Absent: William AuclairStaff Present: Zoning Chief, Chad Williams

County Attorney, Courtney K. GrimmRecording Secretary, Kellie Collins

APPROVAL OF MINUTES

Approval of Minutes for July 17, 2018

Mickey Hall made a motion to approve the minutes for July 17, 2018. Trisha Koloskyseconded the motion which carried 4-0.

PUBLIC COMMENT

Chairman Hadden opened public comment. No public comments were received,Chairman Hadden closed public comment.

PUBLIC HEARINGS

1. Application BOA-18-04 for a Variance to Allow a Front Yard Accessory StructureRequest for a Variance for Front Yard Accessory Structures.

Chad Williams, Zoning Chief presented BOA-18-04. The applicant is requesting avariance from Article III Section 3-6(d) that states waterfront lots of .75 acres or greatercan have an accessory structure in the front yard. The applicant's lot is .069 of an acre.The applicant is here to answer any questions. Chairman Hadden opened the public hearing.

Carl & Taylor Becker, 24 Harmony Hall Road, Middleburg. We would like to place adetached garage in our front yard. It will be a 2 car garage plus a work shop, about 26'x30ft. The structure will look like the house once finished. Keith Hadden refers to the utilities underground and asked if they flooded? Theapplicant responded saying they did not flood and the county replace a culvert recently intheir area. Keith Hadden asked the applicant if it was free standing, the applicant responded, yes. Chairman Hadden closed the public hearing. Vice Chairman Hall made a motion to approve the variance request. Trish Koloskyseconded the motion which carried 4-0.

2. Application BOA-18-05 Requesting a Variance for Side Yard SetbackApplicant is requesting a variance to reduce the side yard setback from 10' toapproximately 8.5'

Applicant withdrawn.

PUBLIC COMMENT

Chairman Hadden opened public comment. No public comments were received,Chairman Hadden closed public comment.

ADJOURNMENT

With no further business, the meeting adjourned at 7:20 p.m.

Attest: _____________________________________ _____________________________________Committee Chairman Recording Secretary

Agenda Item

BOARD OF ADJUSTMENT

Clay County Administration BuildingThursday, November 15 7:00 PM

TO: Board of Adjustment DATE: 11/8/2018 FROM: Chad A. Williams, ZoningChief SUBJECT: Request for a Variance to Allow for An Accessory Structure in the Side Yard. AGENDA ITEM TYPE:

BACKGROUND INFORMATION:Applicant is requesting a variance to place an accessory structure in the side yard due to theparcels geometry and to save vegetation. The current zoning of the property prohibitsaccessory structures in the front or side yard.

ATTACHMENTS:Description Type Upload Date File NameApplication Backup Material 11/8/2018 Application.pdf

Staff Report Backup Material 11/8/2018 BOA-18-06_Staff_Report.pdf

1

Clay County Division of Planning & Zoning

Application Number BOA-18-06

Owner Agent Information Owner / Petitioner : Veronica Johanboeke 1698 Ponce De Leon Ct. Fleming Island, FL 32003 Agent: Jutta McCrory 848 Ailey Church Lane Centerville, TN 37876

Parcel & Current Zoning Information Parcel ID # 013196-001-11 Physical Address 1698 Ponce De Leon Ct. Commission District: 1 (Commissioner Cella) Existing Zoning District: RB (Single Family) Future Land Use Category: RF (Rural Fringe)

BOA Information

Request: To request a variance to place an accessory structure in the side yard. Board of Adjustment Date: November 15, 2018@ 7:00 p.m.

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3

4

Staff Report

The applicant is requesting a variance to allow for an accessory structure within the side yard. The property is zoned RB which does not permit accessory structures within the front or side yard. The applicant has stated that due to the parcels unique geometry and to preserve trees, that a hardship exists when strictly applying the code. Geometry and preservation of vegetation are factors that can be considered unique to the land. The applicant’s representative will be at the meeting to further discuss their hardship. Staff does not offer a formal recommendation in BOA cases but would offer the following:

BOA Variance Requirements

The following is an excerpt from the Ordinance establishing the Board of Adjustment. These are the six conditions on which a variance may be granted. Variances: The Board of Adjustment may authorize a variance from the terms of the ordinances adopted pursuant to Chapter 163 when such variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinances would result in an unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance adopted pursuant to Chapter 163, the Board of Adjustment shall find: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved

and which are not applicable to other lands structures, or buildings in the same zoning district. 2) That the special conditions and circumstances do not result from the actions of the applicant. 3) That granting the variance requested will not confer on the applicant any special privilege that is denied by

this ordinance to other lands, buildings, or structures in the same zoning district. 4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly

enjoyed by the other properties in the same zoning district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant.

5) That the variance granted is the minimum variance that will make possible the beneficial use of the land, building or structure.

6) That the granting of the variance will be in harmony with the general intent and purposes of these ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

Agenda Item

BOARD OF ADJUSTMENT

Clay County Administration BuildingThursday, November 15 7:00 PM

TO: Board of Adjustment DATE: 11/8/2018 FROM: Chad A. Williams,Zoning Chief SUBJECT: Variance Request to Reduce Lot Width Requirement from 100' to 85'. AGENDA ITEM TYPE:

BACKGROUND INFORMATION:The applicant is requesting a variance to allow for a reduction for the required lot width. TheAR-2 zoning district requires lots be a minimum 100’. In 1999, the owner at the time, ownerboth this parcel and the parcel adjacent to the West. When the owner sold the adjoin parcel,they included 15’ from the parcel in question. To further complicate matters, when the propertyhas changed hands, all deeds for the subject parcel have still maintained a legal description of100’. The current owner is requesting a variance because it would be the cleanest way toresolve the issue. First the current owner did not create the issue, all subsequent sales havedemonstrated 100’, the applicant would have to go through civil court to receive any restitutionand because of the ambiguity with the deeds, this is an issue which is unique to the propertyand does create an undue hardship and further legal proceeding for the applicant. If approved,the applicant is aware that all other requirements, i.e. setbacks, lot coverage, etc. have to bemet.

ATTACHMENTS:Description Type Upload Date File NameApplication Backup Material 11/8/2018 App.pdf

Staff Report Backup Material 11/8/2018 BOA-18-07_Staff_Report.pdf

1

Clay County Division of Planning & Zoning

Application Number BOA-18-07

Owner Agent Information Owner / Petitioner : Keystone Building Corp 1234 Travers Road Green Cove Springs, FL 32043 Agent: None

Parcel & Current Zoning Information Parcel ID # 015724-006-02 Physical Address 1234 Travers Road. Commission District: 1 (Commissioner Cella) Existing Zoning District: AR-2 (Country Estates) Future Land Use Category: RR (Rural Residential)

BOA Information

Request: To request a variance to reduce the minimum lot width from 100’ to 85’. Board of Adjustment Date: November 15, 2018@ 7:00 p.m.

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3

4

Staff Report

The applicant is requesting a variance to allow for a reduction for the required lot width. The AR-2 zoning district requires lots be a minimum 100’. In 1999, the owner at the time, owned both this parcel and the parcel adjacent to the West. When the owner sold the adjoining parcel, they included 15’ from the parcel in question. To further complicate matters, when the property has changed hands, all deeds for the subject parcel have still maintained a legal description of 100’. The current owner is requesting a variance because it would be the cleanest way to resolve the issue. First the current owner did not create the issue, all subsequent sales have demonstrated 100’, the applicant would have to go through civil court to receive any restitution and because of the ambiguity with the deeds, this is an issue which is unique to the property and does create an undue hardship and further legal proceeding for the applicant. If approved, the applicant is aware that all other requirements, i.e. setbacks, lot coverage, etc. have to be met. The applicant’s representative will be at the meeting to further discuss their hardship. Staff does not offer a formal recommendation in BOA cases but would offer the following:

BOA Variance Requirements

The following is an excerpt from the Ordinance establishing the Board of Adjustment. These are the six conditions on which a variance may be granted. Variances: The Board of Adjustment may authorize a variance from the terms of the ordinances adopted pursuant to Chapter 163 when such variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinances would result in an unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance adopted pursuant to Chapter 163, the Board of Adjustment shall find: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved

and which are not applicable to other lands structures, or buildings in the same zoning district. 2) That the special conditions and circumstances do not result from the actions of the applicant. 3) That granting the variance requested will not confer on the applicant any special privilege that is denied by

this ordinance to other lands, buildings, or structures in the same zoning district. 4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly

enjoyed by the other properties in the same zoning district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant.

5) That the variance granted is the minimum variance that will make possible the beneficial use of the land, building or structure.

6) That the granting of the variance will be in harmony with the general intent and purposes of these ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

Agenda Item

BOARD OF ADJUSTMENT

Clay County Administration BuildingThursday, November 15 7:00 PM

TO: Board of Adjustment DATE: 11/8/2018 FROM: Chad A. Williams,Zoning Chief SUBJECT:Request for a Variance to Locate an Accessory Structure in the Front Yard

AGENDA ITEM TYPE:

BACKGROUND INFORMATION:The applicant is requesting a variance to allow for an accessory structure to be placed in thefront yard. Waterfront lots can claim their front yard as their rear yard for permitting purposesbut the yard has to be .75 of an acre or greater. The parcel in question is .718 an acre makingthe parcel .032 of an acre too small.

ATTACHMENTS:Description Type Upload Date File NameApplication Backup Material 11/8/2018 Application.pdf

Staff Report Backup Material 11/8/2018 BOA-18-08_Staff_Report.pdf

1

Clay County Division of Planning & Zoning

Application Number BOA-18-08

Owner Agent Information Owner / Petitioner : Steve Weldon 216 Jessie Lee Court Green Cove Springs, FL 32043 Agent: Joe Wiggins 91 Branscomb #17 Green Cove Springs, FL 32043

Parcel & Current Zoning Information Parcel ID # 009693-000-00 Physical Address 216 Jessie Lee Court. Commission District: 5 (Commissioner Hendry) Existing Zoning District: RD (Single Family) Future Land Use Category: RF (Rural Fringe)

BOA Information

Request: To request a variance to allow for an accessory structure in the front yard. Board of Adjustment Date: November 15, 2018@ 7:00 p.m.

2

3

4

Staff Report

The applicant is requesting a variance to allow for an accessory structure to be placed in the front yard. Waterfront lots can claim their front yard as their rear yard for permitting purposes but the yard has to be .75 of an acre or greater. The parcel in question is .718 an acre making the parcel .032 of an acre too small. The applicant’s representative will be at the meeting to further discuss their hardship. Staff does not offer a formal recommendation in BOA cases but would offer the following:

BOA Variance Requirements

The following is an excerpt from the Ordinance establishing the Board of Adjustment. These are the six conditions on which a variance may be granted. Variances: The Board of Adjustment may authorize a variance from the terms of the ordinances adopted pursuant to Chapter 163 when such variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinances would result in an unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance adopted pursuant to Chapter 163, the Board of Adjustment shall find: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved

and which are not applicable to other lands structures, or buildings in the same zoning district. 2) That the special conditions and circumstances do not result from the actions of the applicant. 3) That granting the variance requested will not confer on the applicant any special privilege that is denied by

this ordinance to other lands, buildings, or structures in the same zoning district. 4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly

enjoyed by the other properties in the same zoning district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant.

5) That the variance granted is the minimum variance that will make possible the beneficial use of the land, building or structure.

6) That the granting of the variance will be in harmony with the general intent and purposes of these ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

Agenda Item

BOARD OF ADJUSTMENT

Clay County Administration BuildingThursday, November 15 7:00 PM

TO: Board of Adjustment DATE: 11/9/2018 FROM: Chad A.WIlliams, Zoning Chief SUBJECT:Variance To Allow For An Accessory Structure In The Front Yard

AGENDA ITEM TYPE:

BACKGROUND INFORMATION:The applicant is requesting a variance to allow for an accessory structure to be placed in thefront yard. Waterfront lots can claim their front yard as their rear yard for permitting purposesbut the parcel has to be .75 of an acre or greater. The parcel in question is .737 an acremaking the parcel .013 of an acre too small. The applicant states that it also floods in theirbackyard. The structure was installed with no permit and is subject to a current codeenforcement case. If approved, the applicant will have to apply for a permit and install /construct the structure per zoning and building codes.

ATTACHMENTS:Description Type Upload Date File NameApplication Backup Material 11/9/2018 Application.pdf

Staff Report Backup Material 11/9/2018 BOA-18-09_Staff_Report.pdf

1

Clay County Division of Planning & Zoning

Application Number BOA-18-09

Owner Agent Information Owner / Petitioner : Kevin Wezniak 1813 Lakeshore Drive N Fleming Island, FL 32003 Agent: None

Parcel & Current Zoning Information Parcel ID # 021298-000-00 Physical Address 1813 Lakeshore Drive N Commission District: 1 (Commissioner Cella) Existing Zoning District: AR (Agriculture Residential) Future Land Use Category: RF (Rural Fringe)

BOA Information

Request: To request a variance to allow for an accessory structure in the front yard. Board of Adjustment Date: November 15, 2018@ 7:00 p.m.

2

3

4

Staff Report

The applicant is requesting a variance to allow for an accessory structure to be placed in the front yard. Waterfront lots can claim their front yard as their rear yard for permitting purposes but the parcel has to be .75 of an acre or greater. The parcel in question is .737 an acre making the parcel .013 of an acre too small. The applicant states that it also floods in their backyard. The structure was installed with no permit and is subject to a current code enforcement case. If approved, the applicant will have to apply for a permit and install / construct the structure per zoning and building codes. The applicant will be at the meeting to further discuss their hardship. Staff does not offer a formal recommendation in BOA cases but would offer the following:

BOA Variance Requirements

The following is an excerpt from the Ordinance establishing the Board of Adjustment. These are the six conditions on which a variance may be granted. Variances: The Board of Adjustment may authorize a variance from the terms of the ordinances adopted pursuant to Chapter 163 when such variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinances would result in an unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance adopted pursuant to Chapter 163, the Board of Adjustment shall find: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved

and which are not applicable to other lands structures, or buildings in the same zoning district. 2) That the special conditions and circumstances do not result from the actions of the applicant. 3) That granting the variance requested will not confer on the applicant any special privilege that is denied by

this ordinance to other lands, buildings, or structures in the same zoning district. 4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly

enjoyed by the other properties in the same zoning district under the terms of the ordinance, and would work unnecessary and undue hardship on the applicant.

5) That the variance granted is the minimum variance that will make possible the beneficial use of the land, building or structure.

6) That the granting of the variance will be in harmony with the general intent and purposes of these ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.