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AARP is here to help. Find the cure guides you need at aarp.org slash caregiving.

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and available 24-7 from anywhere in the world.

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Visit your library's website to get started.

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Keeping raw foods and ready-to-eat foods

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separate will help reduce your risk of food war-nilness.

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Hi, I'm Chef Justin Timmery from the Fresh

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from Florida Test Kitchen.

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Help prevent cross-contamination and food

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war-nilness by keeping raw foods, such as meat, poultry,

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seafood, and eggs separate from ready-to-eat foods.

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Make sure you start at the store by separating

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these items from other foods in your shopping cart.

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At home, place your raw foods and containers or sealed plastic bags on the bottom shelf

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of the refrigerator.

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Keep fresh fruits and vegetables separate from raw food.

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Use separate cutting boards for raw and ready to eat foods.

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Use separate plates and utensils for cooked foods and raw foods.

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To learn more about the core for and define additional food safety tips, visit the Division

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of food safety, consumer resources, and outreach website.

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When it comes to safe cooking, following the core 4 is a recipe for success.

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There are 16 million children struggling with hunger in America.

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That's one in five daughters, sons, neighbors, and classmates who don't know where their

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next meal is coming from.

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Yet billions of pounds of good food go to waste every year.

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It's time we do something about it.

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Feeding America is a nationwide network of food banks that helps provide meals to millions

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of kids and families in need.

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Visit feedingAmerica.org to help them feed even more.

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Together we can solve hunger.

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Together we're feeding America.

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Why do counties matter?

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Because from roads to recycling,

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we count on the services they provide.

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Floor to counties recycle more than eight million tons

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of waste every year.

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That's a big number.

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But it's just a start.

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Counties maintain more than 70,000 miles of Florida roads.

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Florida Counties help maintain more than 12,000 bridges.

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We put more than 18,000 sheriff's deputies on the streets,

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and more than 24,000 firefighters work for Florida cities and counties.

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Every day, millions of Florida's count on Florida Counties

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to get us where we're going, to keep us safe,

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and even to take out the trash.

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That's why Counties Matter.

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This message is brought to you by the U.S. Fire Administration.

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Have two ways out. When fire strikes, deadly smoke can fill your home within minutes. That's why the U.S. F.A. wants you to plan and practice home fire drills.

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Draw a map of each level of your home showing all doors and windows. Discuss the map with everyone who lives with you.

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Practice your home fire drill at least twice a year. Make sure all doors and windows that lead outside open easily.

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Push the smoke alarm button to start the drill.

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Try feeling your way in the dark or with your eyes closed.

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Have at least two ways out of every roof.

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If your first way out is locked by fire or smoke, you can use your second way out.

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If there is smoke, get low and go.

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Proak quickly under the smoke to your nearest exit.

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Close doors behind you.

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And gather at a pre-planned outside meeting place where first responders can see you.

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Call 911.

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Remember, get out and stay out.

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and ever go back inside for people, pets or things.

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Learn more at www.usfa.fima.gov.

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Quality is cast aside.

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When you discriminate against you because you're LGBTQ, or because of your race, or the

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obstacles you face, then now you're a lender because of your gender, housing discrimination

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has no place in our nation.

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If you believe you've been denied a home because of your race, color, religion, national, or

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and familial status, disability or sex, including gender identity and sexual orientation,

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go to hud.gov slash fair housing to file a complaint.

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In America, we all count, no matter where we call home, how we worship, or who we love.

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And the 2020 Census is how that great promises kept, because this is the count that informs

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where hundreds of billions in funding will go each year, for things like education, health care,

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And programs that touch us all.

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Shape your future.

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Start here.

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Learn more at 2026.gov.

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Do you want to retire like a champ?

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Just like legendary basketball star Uncle Drew.

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Don't like it.

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You're already he's in the game.

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You've got your dream ride.

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Don't be smiling.

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Don't worry about him.

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You just didn't have to get the boys.

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Your dream vacation and your dream team.

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The now you can make your retirement just as legendary.

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Okay, fuck it.

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It's a tips you need to get on track at acretirement.org.

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The people you think are going to be alone.

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There's no one else.

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Today is a year of the world.

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But someday, you can be a star.

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Go into your place to get them to come down.

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That surely you'll check NHTSA.gov slash the right seat to make sure they're in your right car seat.

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Every individual can take important steps to prepare for emergencies and put plans in place in case of a disaster in your community.

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If you have a disability or other access or functional need, you may have to take additional steps to protect yourself and your family.

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People with disabilities and people who have access and functional needs have to take a very proactive

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position in their personal preparedness.

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If you think about it, we do it every day.

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We're ready for the next little gesture that we will face.

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How we say, prepare as if no one's coming to rescue you, because the reality is in a moderate or large event, no one is coming to rescue you anytime soon.

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It may be a very short period of time, it may be a more extended period of time, but you need to prepare as if you're not going to have any of the resources that you might typically depend on.

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Do an inventory of yourself, do an inventory of the things that you use on a daily basis

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to be living independently, and then think about what is essential.

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Think about the strategies, services, devices, tools and techniques you use to live with

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a disability on a daily basis. These may include medications, durable medical equipment,

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service animals, assistive technology, communication tools, and transportation.

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You really have to be focused, that's what all your needs, if you end up going to a shelter for four or five days.

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Or if you're stuck in a sheltering in place, you can't feel like you just can't get to you.

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What are these things that you're going to need to be able to survive?

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As you think about assembling a support team, you need to be thinking about who are the people in your workplace,

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who are the people in your neighborhood, who are the people in your community, who might be able to assist you.

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Go over your emergency plan with everyone in your support network.

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Make sure that someone in your personal support network has an extra key to your home and knows where you keep your emergency supplies.

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And teach them how to use any lifesaving equipment or administer medicine in case of an emergency.

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It's important that you find out in those places where you receive services on a regular basis.

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You find out what their emergency plans are. Ask them.

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If you are a person who gets dialysis, what are their emergency plans?

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If your person who uses paratransit system, paratransit services,

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what are their emergency plans for providing paratransit?

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And thank you for attending the Monroe County Planning Commission hearing for Wednesday August 26, 2020. Members of the public who are attending and participating via Zoom are kindly reminded to use the raised hand feature when choosing to participate in public comments.

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If the member of the public called in via telephone, please down, start nine to raise your hand and start six to unmute your microphone.

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Again, thank you for attending today's Monroe County Planning Commission hearing.

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We will begin the meeting shortly.

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Just letting staff in the board know I'm going to unmute the mics in the chamber.

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I think the mics are on the minute. It's 10.

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Okay. Okay.

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I've got 10 o'clock.

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So, Monro County Planning Commission is now on session. Please join me, the pledge of allegiance.

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I'd say it's of America and to the Republic for which it stands, on my nation, on my God, in the visible, with liberty and justice.

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Thank you all. Madam Secretary, would you please call the roll?

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Yes.

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Commissioner Scarpelli.

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Here.

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Commissioner Thomas.

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Commissioner Nuget.

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Here.

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Commissioner Anderson.

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Here.

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Chair Deans.

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Here.

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Exofys.

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Members.

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Douglas.

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James Brownley.

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Devon Tolpen.

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Here.

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Mike Roberts.

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Thomas Francis Seaver.

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Here.

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Cheryl Sephard.

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She's on Zoom. She's coming in.

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Tiffany Stinkler.

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Here.

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Liz Lusper?

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Yeah.

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Jay Burnswood?

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Here.

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Peter Morris?

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Here.

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Derek Smith?

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Here.

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And myself, Jessica McKinney?

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Thank you.

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Councillor, would you please read County Resolution 1-3-1-9-2?

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The pleasure.

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Resolution 1-3-1-9-2.

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Please be advised that pursuant to Florida Statutes Section 286.

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6.0105, the Monroe County Board of County Commissioners has adopted Resolution 131-1992,

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which requires that if any person decides to appeal any decision of the planning commission,

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he or she shall provide transcript of the hearings before the planning commission prepared

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by a court court at the applicant's expense, which transcript Shelby filed as part of the record

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on appeal within the time provided in section 102-185 subparagraph F Monroe County land development code.

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Thank you, Madam Secretary.

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Do we have all the paperwork we need?

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Yes.

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Okay.

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Well, kind of, there's a change.

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Okay.

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Council, will you please swear in the county staff and speakers?

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Please raise your right hand if you intend to testify.

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Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?

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Thank you.

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Yeah.

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So, sworn.

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Thank you.

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agenda. I believe that we are going to recommend we take item number six and bring it

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up to number three. Is that correct?

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If you would like to, we can. We did provide you with the

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revised agenda with item number six in that location. Okay, I need to get that. Okay, thank you.

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So, however,

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Chair, we do have a request to continue item number four to the September 23,

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2026 meeting here in Marathon at 10am, due to insufficient posting documentation.

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So we do the, well, postpone in first.

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You could take him whenever or you want. Okay.

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Let's go with the agenda then,

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as is, and that would be, so I don't have the revised copy for some reason.

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So, we're saying that the number, the 19th-South Bridge Key Largo Ocean Reef property is now number 3.

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It

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was number 3 on the prior version of the agenda that you had reviewed and our staff changed

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revised the order of the agenda to put that item number 6 out of concerns of it taking longer

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than other items.

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Oh, that's why I'm confused.

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I think you previously had it as number three, and yeah.

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Okay.

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Thank you.

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So it stands as is.

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Motion approved again.

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Are you responding?

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Number four.

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Managed people line.

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That was going to do that second.

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Okay.

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Fair enough.

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Motion error.

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Second.

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Second.

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Any further discussion?

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Anyone opposed?

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motion carries.

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Let's put that postponement. Motion will prove the postponement.

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I feel moved. To the day of certain?

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Two September.

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September meeting the Planning Commission.

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September 23rd here in the Marathon Government Center at 10 a.m.

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Yes.

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Second. Second. Second, Eric Anderson.

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Any further discussion?

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And you want to pose? Motion carries. Thank you.

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Council, would you please read the first item number please?

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Item number one, a public hearing to consider and finalize the ranking of applications in the dwelling unit allocation system for April 14, 2026 through July 13, 2026.

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Rogo, quarter four, year 34, allocation awards will be allocated for all unincorporated

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Monroe County, file number 2025-161.

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Okay, on before we move on to this, thank you commissioner Newton for reminding the

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of expert day communications that we go over.

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I've had two, myself, and that includes seeing Mr. Smith out there.

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We had a conversation about each end item number six, and nothing that's not in the

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staff report.

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I'm a little effect on what I might decision to be as well as I had a, even in a conversation

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and I got a call from Mr. Owen Coupanier for Panier.

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About item number one and it's more of just a statement rather than a real discussion.

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So anyone else have anything to disclose?

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I had a brief conversation with Mr. Smith about item number six that will not empty my decision.

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I had item number six that I'd sought to, but I remember six I talked to the parts with as well.

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and also spoke with Orange Panion on item number one,

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00:30:27,490 --> 00:30:31,730
neither of which will affect my decision on either item.

246
00:30:32,610 --> 00:30:34,910
And I have a conversation with...

247
00:30:34,910 --> 00:30:35,910
That's also...

248
00:30:36,450 --> 00:30:38,170
Anyone not affect my decision.

249
00:30:39,150 --> 00:30:41,850
And I also had a brief conversation with Mr. Spets.

250
00:30:42,430 --> 00:30:43,450
And we'll not affect my decision.

251
00:30:43,810 --> 00:30:44,470
It would busy.

252
00:30:45,150 --> 00:30:45,430
Yeah.

253
00:30:46,310 --> 00:30:47,810
You're billable hours, I'm sure.

254
00:30:50,210 --> 00:30:56,810
the okay back to item number one we have a staff report please you need the

255
00:30:56,810 --> 00:31:02,030
minutes approved to thank you so much must have been the drive up here today

256
00:31:02,030 --> 00:31:06,870
moved to approve Mr. Commissioner Nugien second

257
00:31:08,350 --> 00:31:16,820
rosemary any further discussion on the minutes anyone opposed motion carries

258
00:31:16,820 --> 00:31:23,480
Thank you. Now we're going to get to the staff for, I don't know the one. Good morning, Tiffany

259
00:31:23,480 --> 00:31:28,880
Stankwitz. Report for the residential, I'm dwelling in allocations. The planning department

260
00:31:28,880 --> 00:31:35,180
recommends a approval of the following market rate rankings. Lower key applicants ranked 1 through

261
00:31:35,180 --> 00:31:42,800
6 are recommended for allocation award. Lower keys and ministry to relieve applicant ranked 1 for

262
00:31:42,800 --> 00:31:52,960
application or big-pine-known applicant rank number one subject to mitigation, availability at the time of permitting for allocation, and

263
00:31:52,960 --> 00:32:01,820
uppercase applicants went through eight recommended for allocation, all other rankings roll over to a more able to have rankings.

264
00:32:04,380 --> 00:32:06,200
Any questions for staff?

265
00:32:07,080 --> 00:32:08,760
You know, can we take

266
00:32:08,760 --> 00:32:15,140
People with common, is anybody present in the room that wants to comment on item number one?

267
00:32:18,100 --> 00:32:24,680
Just on our award-winning IT person out there, do we have anybody in Zoom Land?

268
00:32:25,800 --> 00:32:31,260
Yes, we do Mr. Chair, we have one raise hand, one entrepreneur, one please unmute your microphone.

269
00:32:34,280 --> 00:32:39,460
Thank you. Thank you very much. I appreciate the opportunity to speak to you today.

270
00:32:40,760 --> 00:32:46,700
Commissioners, my request today is narrow and specifically addresses the lower keys regular

271
00:32:46,700 --> 00:32:54,340
market rate allocation. Either award the seven regular market rate allocations plus the

272
00:32:54,340 --> 00:33:01,600
one administrative relief allocation or postpone this item. So staff, applicants and the

273
00:33:01,600 --> 00:33:07,260
public can fully evaluate the legal and accounting basis for reducing the regular

274
00:33:07,260 --> 00:33:10,680
market rate allocation count by one unit this quarter.

275
00:33:12,060 --> 00:33:16,700
The staff report says that the lower keys has a year 34 market rate

276
00:33:16,700 --> 00:33:20,640
allotment of 28 units that's seven in each quarter.

277
00:33:21,340 --> 00:33:24,640
And for this quarter, the report shows the seven market rate

278
00:33:24,640 --> 00:33:26,080
awards are available.

279
00:33:27,600 --> 00:33:30,560
Yet the recommendation is to award only six,

280
00:33:30,980 --> 00:33:33,980
while also awarding one administrative relief.

281
00:33:33,980 --> 00:33:44,580
In effect, the report treats the result as six regular awards plus one relief award to equal the quarter's seven total allocations.

282
00:33:45,920 --> 00:33:56,900
The report separately identifies 96 unused lower keys market rate allocations from prior years available for administrative relief.

283
00:33:56,900 --> 00:34:09,260
It's specifically site's comprehensive plan policy 101.3.2, unused allocations for market rate shall be available for administrative relief.

284
00:34:10,840 --> 00:34:24,600
If the admin relief award is funded from that separate, previously unused market rate pool, then it should not automatically displace the seventh regular lower keys applicant.

285
00:34:24,600 --> 00:34:35,460
The accounting is really straightforward, 7 plus 1, 7 market rate the pass awards plus 1 relief award.

286
00:34:36,580 --> 00:34:43,660
The LDC's 50% admin relief provision does not prohibit 7 plus 1.

287
00:34:43,980 --> 00:34:50,160
It simply places a ceiling on the number of relief awards in any given sub-area quarter.

288
00:34:50,160 --> 00:34:58,440
The one proposed relief award is well below 50% of the seven regular allocations.

289
00:35:00,000 --> 00:35:15,300
Court does not state that a banked relief allocation must be charged against the current quarter's seven-unit allotment, or that a relief award may replace the seventh regular ranked applicant.

290
00:35:16,100 --> 00:35:21,440
The report simply does it without any stated rational basis.

291
00:35:21,440 --> 00:35:31,440
If the county has an administrative interpretation requiring the six plus one or other policy requiring six plus one,

292
00:35:31,800 --> 00:35:36,060
it should be identified clearly in the record before the hearing.

293
00:35:37,000 --> 00:35:41,060
So it can be understood and fully vetted prior to PC action.

294
00:35:41,060 --> 00:35:47,980
Accordingly, I respectfully request the Commission either award seven regular market rate

295
00:35:47,980 --> 00:35:56,100
v-pass allocations plus one relief allocation or continue this item to allow staff to provide

296
00:35:56,100 --> 00:36:03,400
a written legal and allocation accounting explanation and give the affected parties a fair

297
00:36:03,400 --> 00:36:05,940
opportunity to review and respond.

298
00:36:07,000 --> 00:36:09,940
I'm not making an objection to administrative relief.

299
00:36:09,940 --> 00:36:27,620
I'm requesting to honor both systems and administrative relief from the unused allocation pool and the full seven regular B-pass awards that the staff report itself says are available for allocation in the lower keys this quarter.

300
00:36:28,300 --> 00:36:31,120
And I thank you for the opportunity to address you.

301
00:36:31,120 --> 00:36:32,220
Thank you Owen.

302
00:36:33,020 --> 00:36:35,300
With that, I used the word straightforward.

303
00:36:35,780 --> 00:36:37,800
I wish things were that straightforward.

304
00:36:37,800 --> 00:36:45,540
forward, but then can you please explain the path to where we are now and how we got to

305
00:36:45,540 --> 00:36:52,180
the six plus one and what the other restrictions are on that administrative pool?

306
00:36:52,720 --> 00:36:59,240
Yes, I can. Thank you, Chair. I am going to read from Monroe County Board of County Commissioners

307
00:36:59,240 --> 00:37:10,640
resolution number 160-2026, which was passed and adopted on June 10th of 2026 this year. This is the

308
00:37:10,640 --> 00:37:18,700
resolution by the Monroe County BOCC that approved the request for administrative relief made by

309
00:37:18,700 --> 00:37:26,380
Victor and Elina Alpazar regarding issuance or granting a relief in the form of a rogo allocation

310
00:37:26,380 --> 00:37:30,200
for the property at 2, 2, 9, 4, 4,

311
00:37:30,500 --> 00:37:34,740
Jerk Lane, Kojo P, which is the property that we are talking about here.

312
00:37:35,100 --> 00:37:43,840
In this resolution on page 2 of 4, it states that administrative relief is granted to

313
00:37:43,840 --> 00:37:49,880
Victor and Elena Alpazar for property located at 2, 2, 9, 4, 4,

314
00:37:49,880 --> 00:37:55,540
Jerk Lane, Kojo P. Then it goes on with the legal description. I'll spare you all from that.

315
00:37:55,540 --> 00:38:22,860
Subject to the following conditions, condition A, the timing of the issuance of the permit shall be in accordance with the annual number of residential allocations defined by policy 101.3.2 of the Monroe County 2030 comprehensive plan and as required by section 138-27 of the Monroe County land development code.

316
00:38:22,860 --> 00:38:42,320
condition B, the allocation award shall be taken out of the next quarterly allocation, which closes on July 13th, 2026, or in the succeeding quarterly allocation period in which administrative relief allocations are available.

317
00:38:44,220 --> 00:38:50,300
This quarterly allocation period was the next quarterly allocation available.

318
00:38:50,500 --> 00:38:56,740
This was directed by the Munnar County BOCC through Resolution 160-2026.

319
00:38:59,340 --> 00:38:59,680
Thank you.

320
00:38:59,780 --> 00:39:02,040
Any questions for Davener Staff?

321
00:39:04,810 --> 00:39:05,050
Okay.

322
00:39:05,410 --> 00:39:07,290
Let's see the Ministry of Relief, please move forward.

323
00:39:08,750 --> 00:39:14,910
It is my understanding and I'll let Peter jump in or correct me if I miss speak that those are

324
00:39:14,910 --> 00:39:21,510
to be utilized in the future for potential takings cases, to resolve takings

325
00:39:21,510 --> 00:39:22,070
cases.

326
00:39:22,470 --> 00:39:24,710
So they're not forward ministry of relief, necessarily.

327
00:39:27,500 --> 00:39:32,140
Just to clarify, the granting of administrative relief allocations is reserved for properties

328
00:39:32,140 --> 00:39:36,420
that haven't been competitively awarded a rogue allocation for at least four consecutive

329
00:39:36,420 --> 00:39:41,700
years and is as devine-indicated utilized as an administrative remedy to mitigate and

330
00:39:41,700 --> 00:39:45,180
and avert the ripening of an inverse connotation

331
00:39:45,180 --> 00:39:46,300
or taking's claim.

332
00:39:48,020 --> 00:39:52,980
Peter, let me ask, I tried to understand a little bit deeper.

333
00:39:53,320 --> 00:39:57,100
The ministry of relief, and I see that in the application

334
00:39:57,100 --> 00:39:59,940
that the four, oh, oh.

335
00:40:00,240 --> 00:40:10,640
For revolutions of that, I mean, with no relief is a reason to do it, isn't it? Also, if it's particularly a

336
00:40:11,580 --> 00:40:19,780
property that they want to be the owner wants to sell to the county or whatever, and if it's not

337
00:40:19,780 --> 00:40:25,540
procured within so many days of that request, can't they ask for administrative relief as well?

338
00:40:26,850 --> 00:40:50,870
I can't recall the exact order of which car and the train goes first, but I do know that purchase offer is one of the options that the code prescribes the commission to elect amongst several options such as granting an allocation in order to mitigate that liability exposure.

339
00:40:50,870 --> 00:40:56,770
Okay. Thank you. I have plenty questions myself about that.

340
00:40:57,130 --> 00:41:00,030
We're going to close public comments.

341
00:41:00,570 --> 00:41:01,930
Mr. Chair before you do.

342
00:41:02,510 --> 00:41:04,670
Mr. Carpenter has raised his hand again.

343
00:41:06,890 --> 00:41:09,870
I'll be so gracious to allow that.

344
00:41:11,510 --> 00:41:12,230
Oh, please unmute.

345
00:41:14,980 --> 00:41:16,180
Thank you very much.

346
00:41:16,180 --> 00:41:21,760
commissioners who is to chair, I appreciate it, and I would just like to point out that

347
00:41:21,760 --> 00:41:29,300
the taking the allocation or sorry, the administrative relief out of the regular allocation

348
00:41:29,960 --> 00:41:35,260
is contrary to both the land development code and the Comprehensive Plan.

349
00:41:35,260 --> 00:41:46,780
The plan sets up a MLDR LVC set up a pool of units from which relief units may be drawn.

350
00:41:47,500 --> 00:41:51,920
And the other opportunity is for unused allocations.

351
00:41:52,580 --> 00:41:59,560
But there is no provision to preempt the 7th allocation or the 7th applicant from receiving

352
00:41:59,560 --> 00:42:03,220
an allocation by resolution of the BLCC.

353
00:42:06,230 --> 00:42:13,690
I mean, I'll, I can say, as I respectfully disagree, you know, it's a rather general proposition to say that,

354
00:42:13,690 --> 00:42:23,190
you know, the regular operation of the administrative relief, you know, provision of the code runs generally

355
00:42:23,190 --> 00:42:26,730
of the land development code and comprehensive plan grid large.

356
00:42:26,830 --> 00:42:33,070
It sounds like what Mr. Drew Panier is indicating, and I'm not trying to put words in this mouth,

357
00:42:33,070 --> 00:42:40,990
but as being as much as I can translate it into something of a quasi-legal opinion, it sounds

358
00:42:40,990 --> 00:42:47,730
more like he's expressing, I think the operative word in what Mr. Tupanier was saying in his

359
00:42:47,730 --> 00:42:57,170
initial round of comments was should, it should not. That's a comment on what Mr. Tupanier

360
00:42:57,170 --> 00:43:03,430
in his client believe the law should look like, but as a law is enacted now, I don't know

361
00:43:03,430 --> 00:43:09,870
of his client could, I guess, file an independent action, a lawsuit, I'm not sure what the

362
00:43:09,870 --> 00:43:19,970
cause of action would be because the granting of administrative relief award arguably put his

363
00:43:19,970 --> 00:43:25,710
client just outside the ambient of the awards that could be approved of this meeting, but I don't

364
00:43:25,710 --> 00:43:30,810
they'll be a very promising cause of action. So I have to respectfully disagree. I just don't see

365
00:43:30,810 --> 00:43:36,210
what the legal violation is. Other than it's an undesirable outcome for that particular

366
00:43:36,210 --> 00:43:42,910
logo applicant. But it's not a violation of any law that I can discern. Okay, we're going to close

367
00:43:42,910 --> 00:43:51,470
public comment. And I was going to go so, so noted, but thank you for the explanation. I again,

368
00:43:51,470 --> 00:43:59,790
And when I look at the role of the planning commission, that is beyond doing anything other

369
00:43:59,790 --> 00:44:09,210
than what our action is beyond our scope, we have a BOCC resolution that gives us direction

370
00:44:09,730 --> 00:44:13,530
and that's something that we are obligated to do.

371
00:44:13,530 --> 00:44:24,810
So noted your alternate course of action for that if the concern, why that particular applicant,

372
00:44:26,810 --> 00:44:40,850
five of them to do that, but I can see in this particular case the unfortunate place we're in right now is I think those number six and number seven actually had the same points.

373
00:44:40,850 --> 00:44:45,670
And it's a matter of who got the application in first, which is the priority of approval.

374
00:44:46,610 --> 00:44:49,990
And there's nothing that we can do about that.

375
00:44:50,470 --> 00:44:56,230
And normally speaking in other circumstances, I think we could reach forward in certain areas,

376
00:44:56,410 --> 00:44:58,410
but there is no reaching forward right now.

377
00:44:58,670 --> 00:44:59,950
And my question, Devon, is when?

378
00:45:00,000 --> 00:45:05,880
How do we think we'll have the first time we'll have a quarter for approval again, the week of an estimate?

379
00:45:07,760 --> 00:45:18,180
As you know, our comp, we are in the process of amending our comprehensive plan and land development code to be able to accept and distribute the new logo allocations.

380
00:45:19,100 --> 00:45:27,020
I'm going to say awarded by the state. The comprehensive plan amendment has been transmitted to the state.

381
00:45:27,020 --> 00:45:31,160
We're waiting a review and comments.

382
00:45:32,000 --> 00:45:38,940
As long as our timeline is maintained, we expect to be next quarterly, the next semi-annual

383
00:45:38,940 --> 00:45:44,080
allocation period to open on July 13th of 2027.

384
00:45:45,100 --> 00:45:49,020
It would close in January of 2028.

385
00:45:49,500 --> 00:45:54,940
We anticipate the next time the planning commission will be awarding roado allocations will be

386
00:45:54,940 --> 00:45:57,240
February of 2028.

387
00:45:59,500 --> 00:46:05,120
I would chair if I may, I would just like to also add that what is unique

388
00:46:05,120 --> 00:46:13,620
in the situation is only the fact that this is our last quarterly allocation period for the

389
00:46:13,620 --> 00:46:21,680
current pool of allocations that we do have granting the administrative relief allocation out

390
00:46:21,680 --> 00:46:29,060
of the regular quarterly allocation pool is not a UNH situation and has been the practice of the

391
00:46:29,060 --> 00:46:36,900
BOCC for as long as I have been here at close to 10 years. I confirmed with Tiffany Stankowitz

392
00:46:36,900 --> 00:46:41,800
that this is our the general practice and is not a UNH situation.

393
00:46:48,940 --> 00:46:55,780
And I guess what it would take for that, because those, that pool still exists, whatever number

394
00:46:55,780 --> 00:47:01,380
of our two new numbers today, went from home and went from you, is that the BOCC would

395
00:47:01,380 --> 00:47:04,680
have to have separate resolutions to do something like that.

396
00:47:04,680 --> 00:47:08,700
And theoretically, they could, and again, that's something

397
00:47:08,700 --> 00:47:12,320
well beyond what we are tasked with, so.

398
00:47:12,920 --> 00:47:15,280
I did have a second question, follow what's that though.

399
00:47:15,700 --> 00:47:18,300
If someone were to come in and ask for six allocations

400
00:47:18,300 --> 00:47:20,400
that for administrative leave, because according to this,

401
00:47:20,560 --> 00:47:23,180
they could, from my, I don't read the administrative relief

402
00:47:23,180 --> 00:47:28,220
allocation code section, would then those six be taken

403
00:47:28,220 --> 00:47:31,540
from the regular pool, or that would have been

404
00:47:31,540 --> 00:47:36,540
different resolution at the BOTC meeting. You guys would probably say, okay, we'll take

405
00:47:36,540 --> 00:47:41,040
three from the regular allocation pool then you would have the ability to write, okay, I'll

406
00:47:41,040 --> 00:47:46,980
take three from the Ministry of the Leaf pool so that you didn't completely wipe out. So there

407
00:47:46,980 --> 00:47:56,700
is some ambiguity. There is actually a code provision. It is titled limits on administrative

408
00:47:56,700 --> 00:48:03,480
of allocations per quarter. Yeah. 50%. Yeah. So you'd be learning into 50% to say 3. You'd

409
00:48:03,480 --> 00:48:10,240
get 3. When we go to your point because we're in quarters now, we're going to some

410
00:48:10,240 --> 00:48:21,040
my annual. So we have a stab at what that first number will be for the allocation. I think it's 12, right?

411
00:48:21,280 --> 00:48:26,040
I believe so. I cannot confirm off of the top of my head at this moment. Okay. Thank you.

412
00:48:27,360 --> 00:48:37,760
So we will be speaking on this for a while, but that said, any further discussion, motion

413
00:48:37,760 --> 00:48:38,500
that will prove?

414
00:48:38,540 --> 00:48:39,260
It's good.

415
00:48:39,600 --> 00:48:40,780
I'll motion to approve.

416
00:48:41,880 --> 00:48:42,400
How second?

417
00:48:44,820 --> 00:48:51,960
Motion, sure, strictly, second, commissioner Thomas, any further discussion.

418
00:48:53,420 --> 00:48:54,300
Anyone opposed?

419
00:48:55,260 --> 00:48:58,220
Motion carries. Thank you.

420
00:49:01,100 --> 00:49:04,700
Councillor, you please read item number two.

421
00:49:11,040 --> 00:49:15,620
Gorman and Company LLC on behalf of Roblings LLC

422
00:49:15,620 --> 00:49:18,700
and Marilyn J. Robling, Revocable Trust.

423
00:49:19,520 --> 00:49:23,040
Ninth five, three, two, five, and Ninth five,

424
00:49:23,060 --> 00:49:25,980
three, five, one, oversees Highway of Kylargo.

425
00:49:26,540 --> 00:49:28,620
Maumarker 95.3.

426
00:49:28,620 --> 00:49:36,480
A public hearing concerning request for variance of 179 feet from the required 400 foot distance

427
00:49:36,480 --> 00:49:41,920
between the curb, between curb cuts, on the same side of U.S. one, as required through

428
00:49:41,920 --> 00:49:49,780
Monroe County Land Development Code, Section 114-195, approval would result in an access

429
00:49:49,780 --> 00:49:56,240
drive curb that cup curb cut that is 221 feet from the existing

430
00:49:56,240 --> 00:49:59,960
dove road curb and cut to the north of the property.

431
00:50:00,000 --> 00:50:11,640
For a proposed multi-family residential development consisting of 79 attached affordable workforce dwelling units, and two attach market rate dwelling units.

432
00:50:12,220 --> 00:50:22,640
The subject property is described as two parcels of land and section 13, township 62, south, range 38 east.

433
00:50:22,640 --> 00:50:26,440
Key Largo currently having parcel identification numbers

434
00:50:26,440 --> 00:50:32,740
0 0 4 8 3 6 0 dash 0 0 0 0 0 0 0 0 0 0 0

435
00:50:33,180 --> 00:50:40,320
And 0 0 4 8 3 3 5 0 dash 0 0 0 0 0 0 0 0 0 0 0

436
00:50:40,320 --> 00:50:45,640
File number 2026 dash 1 1 0

437
00:50:48,100 --> 00:50:50,720
Thank you, could we have the staff report please?

438
00:50:59,480 --> 00:51:00,960
I spoke Thomas.

439
00:51:01,380 --> 00:51:02,300
How much are you muted?

440
00:51:04,420 --> 00:51:04,980
My apologies.

441
00:51:05,520 --> 00:51:06,380
Good morning, Chair.

442
00:51:07,020 --> 00:51:08,960
Commissioners Thomas Francis Seaver,

443
00:51:09,560 --> 00:51:11,320
Planning and Development Review Manager.

444
00:51:13,000 --> 00:51:15,920
Before you is a request for a planning commission

445
00:51:15,920 --> 00:51:20,020
variance to US-1 Curcut Access Standards

446
00:51:20,020 --> 00:51:22,100
for a pending, live, local,

447
00:51:22,680 --> 00:51:24,820
Act, affordable housing project at

448
00:51:24,820 --> 00:51:27,810
95-325 and 95-351.

449
00:51:27,810 --> 00:51:35,530
351 oversees Highway Key Largo. The owners are Robling's LLC and Marilyn J. Robling's

450
00:51:35,530 --> 00:51:41,170
Revolvable Trust. And the agent is Gornman and Company LLC. Trend Claybah.

451
00:51:47,460 --> 00:51:51,600
You may recall this property came before you back in January and received a planning

452
00:51:51,600 --> 00:51:57,800
commission resolution approving an affordable workforce housing project consisting of more than 20 units

453
00:51:57,800 --> 00:52:05,260
in accordance with land development code section 139-1, subsection B, paragraph 6-8.

454
00:52:06,260 --> 00:52:11,920
This request before you today is the remaining item before the pending

455
00:52:11,920 --> 00:52:17,240
live local act project may be reviewed administratively for approval. Specifically,

456
00:52:17,720 --> 00:52:25,380
this request is for a variance of 179 feet from the required spacing of 400 feet from any

457
00:52:25,380 --> 00:52:33,500
curb cut on the same side of US one. This results in a spacing of 221 feet from the proposed access

458
00:52:33,500 --> 00:52:40,560
drive. Between the proposed access drive to the required access standards from an existing curb cut

459
00:52:41,340 --> 00:52:48,500
of four-dove road. This image overlays the land use district on the property, outlined in blue.

460
00:52:48,500 --> 00:52:51,900
So, the property is both parcels outlined in blue.

461
00:52:53,140 --> 00:52:58,980
You can see the existing curb cut roughly a third of the way from the north-eastily property

462
00:52:58,980 --> 00:52:59,440
line.

463
00:52:59,700 --> 00:53:05,660
The existing curb cut is approximately 180 feet from the road to the north-east and approximately

464
00:53:05,660 --> 00:53:08,540
380 feet from snap or lane to the southwest.

465
00:53:10,660 --> 00:53:15,920
This slide shows the proposed site plan and the new curb cut approximately in the center

466
00:53:15,920 --> 00:53:23,060
of the two parcels, the property resulting in a curb cut of 221 feet from the curb cut of

467
00:53:23,060 --> 00:53:31,220
dove road. There is nowhere on the property that is not within 450 feet from an existing curb cut.

468
00:53:34,040 --> 00:53:39,080
The property is recognized as having two lawfully existing 20 minutes, one on each parcel.

469
00:53:40,610 --> 00:53:56,450
the property received on July 1st of this year, a letter issuing that the property is authorized

470
00:53:56,450 --> 00:54:11,970
as a live local act authorized project for the proposed consideration of the proposed

471
00:54:11,970 --> 00:54:19,450
79 workforce housing early evacuation allocations for the for the property by the BOCC.

472
00:54:19,610 --> 00:54:23,250
Or as pending, my apologies, it's pending approval.

473
00:54:25,570 --> 00:54:33,050
Very briefly, the Live Local Act comes from Florida Statute 125.010557.

474
00:54:33,750 --> 00:54:38,150
If a proposed development meets the criteria of an authorized project under the Live Local Act,

475
00:54:38,250 --> 00:54:42,710
then the project must be administratively approved without further action by the Board of

476
00:54:42,710 --> 00:54:47,430
commissioners or the planning commission unless such approval is otherwise required by the

477
00:54:47,430 --> 00:54:52,970
Land Development Code or Comprehensive Plan for subject matter other than density,

478
00:54:53,390 --> 00:54:59,690
height, flow area ratio or permitted uses. Monroe County may not require an authorized

479
00:55:00,000 --> 00:55:11,600
Project to obtain a conditional use approval transfer of development rights or a variance for the height, floor area ratio and or density authorized under the live local act.

480
00:55:12,040 --> 00:55:22,340
As I mentioned briefly, this requested variance is the final remaining item before the pending live local act project may be reviewed administratively for approval.

481
00:55:23,650 --> 00:55:27,990
The relevant land development code sections are as follows.

482
00:55:28,370 --> 00:55:37,350
Land development code section 14-195 provides that no structure or land shall be developed, used or occupied,

483
00:55:37,650 --> 00:55:48,650
unless direct access to US-1 or county road 905 is by way of a curb cut that is based at least 400 feet from any other curb cut that meets the

484
00:55:48,650 --> 00:55:54,410
access standards of the Florida Department's Transportation, just paraphrasing or an existing

485
00:55:54,410 --> 00:56:05,450
street on the same side of US-1 or 95. Second, the Lendivalment Code section 114-199 provides

486
00:56:05,450 --> 00:56:12,970
that no-use-fronting US-1 or county road 95 shall receive a permit for a change of use, expansion

487
00:56:12,970 --> 00:56:18,290
or substantial improvement unless it is brought into conformance with this article by provision

488
00:56:18,290 --> 00:56:25,990
of combined drives, or parallel access, and with any access standards or requirements of FDOT.

489
00:56:28,070 --> 00:56:34,470
And LDC Section 102-187, the Planning Commission is authorized to grant variances

490
00:56:36,830 --> 00:56:45,850
to the access standards in Chapter 114, Article 7 in accordance with the standards of LDC Section 102-187, Subsection D.

491
00:56:48,150 --> 00:57:08,750
This request complies with all eight of the standards required for variance approval, and staff recommends the variance, staff recommends approval of the requested variance to the access standards in chapter 114 Oracle 7 of the land development code with the following conditions.

492
00:57:08,750 --> 00:57:16,670
One, this variance approval is based on the submitted site plan sheet AS101 by Patrick

493
00:57:16,670 --> 00:57:28,150
Daniel O'Mara registered architect 921 signed and sealed on 513-2026 submitted with the variance application.

494
00:57:28,730 --> 00:57:34,590
Work now specified shall not be carried out without additional planning and environmental resources department approval.

495
00:57:35,770 --> 00:57:44,870
to this variance approval does not constitute approval of any use on the property and is not a final approval for certain development.

496
00:57:45,370 --> 00:57:51,010
The applicant shall obtain a conditional use permit and building permits for any improvements for acquiring such approval.

497
00:57:51,690 --> 00:58:01,630
And three, this variance approval does not waive or reduce any other requirement of the land development code nor waive the land development code requirements for any future development.

498
00:58:01,630 --> 00:58:05,530
And thank you and I'm available for any questions you may have.

499
00:58:06,570 --> 00:58:07,690
Any questions, returns?

500
00:58:09,730 --> 00:58:14,170
Well, I have just a couple of comments before opening a public comment.

501
00:58:14,770 --> 00:58:24,210
I looked at it and it looks like the proposed cuts will now be just south of the existing

502
00:58:24,210 --> 00:58:40,270
And I looked at that, it's pretty impressive to see that existing access to the fence that stepped in for safety, which I found interesting, and I also asked a question about, well, they have a curb cut.

503
00:58:40,770 --> 00:58:45,210
There's two, I guess, market rate units through there, and how did that happen?

504
00:58:45,210 --> 00:58:48,510
and answer I got was, well, I pre-dated the complaint.

505
00:58:49,390 --> 00:58:53,730
So I understand why the current access exists.

506
00:58:55,050 --> 00:58:58,130
And I did notice a site plan look quite a bit different

507
00:58:58,130 --> 00:59:00,930
than the last time we saw it.

508
00:59:01,090 --> 00:59:04,450
And I also understand that this was like

509
00:59:04,450 --> 00:59:06,210
our first live local act project.

510
00:59:10,090 --> 00:59:11,990
We have had very few.

511
00:59:12,690 --> 00:59:15,830
I would, this was not the first to actually have an authorization

512
00:59:15,830 --> 00:59:16,830
letter issued.

513
00:59:16,830 --> 00:59:20,650
this was the first that actually got back to staff's attention and

514
00:59:20,650 --> 00:59:24,750
discussed and this is so far the first one that did have to come

515
00:59:24,750 --> 00:59:27,530
before the commission for that approval of more the planning

516
00:59:27,530 --> 00:59:30,750
commission for that approval of more than 20 units and it will be the

517
00:59:30,750 --> 00:59:36,630
last. As of July 1st, the Florida Keys area of

518
00:59:36,630 --> 00:59:39,070
critical state concern is not subject to the Florida

519
00:59:39,070 --> 00:59:40,630
level of black, that's correct.

520
00:59:42,650 --> 00:59:49,550
So, you know, this will be the last, okay. With that said,

521
00:59:49,870 --> 00:59:55,770
we'll open public comment and let me go to Zoom last first time. Is there anyone on Zoom

522
00:59:55,770 --> 00:59:59,950
that would like to speak? I see no one.

523
01:00:17,220 --> 01:00:18,100
All right,

524
01:00:41,200 --> 01:00:50,920
hello, my name is Trent Claybeln. We'll floor to mark a president with gorum in the company, the developer of this property.

525
01:00:51,640 --> 01:00:56,700
It's nice to see you all again. I saw you all back in January for that 20 plus unit resolution.

526
01:00:57,600 --> 01:01:03,700
And as the chair pointed out, as you likely noticed during the staff presentation, looking through the packet,

527
01:01:04,420 --> 01:01:11,820
the site plan we submitted for this curb cut change of use variance request is different from the site plan we submitted for the June planning commission meeting

528
01:01:11,820 --> 01:01:19,980
that we ultimately requested to table for a later date, which is today, and the 20 plus unit resolution that you approved back in January.

529
01:01:19,980 --> 01:01:25,600
I just wanted to provide some context for that decision how we came to this.

530
01:01:26,100 --> 01:01:31,080
So soon after submitting that original site plan depicting the town home development concept

531
01:01:31,080 --> 01:01:36,620
in early May, interest rates spike about 30 basis points in a matter of two weeks.

532
01:01:37,260 --> 01:01:41,220
Before that happened, the prevailing intuition was that interest rates were elevated,

533
01:01:41,600 --> 01:01:47,720
but that they were coming down as, you know, we approached a resolution to the war in the Middle East.

534
01:01:47,720 --> 01:01:53,260
obviously that didn't happen. Now they're prevailing in tuition that interest rates are even more

535
01:01:53,260 --> 01:01:58,460
elevated than they were after that spike in that they're probably going to continue to go up

536
01:01:58,460 --> 01:02:07,020
as the Warren Middle East sees no end in sight and inflation remains uncertain over time. So we pivoted

537
01:02:07,020 --> 01:02:13,080
to this apartment development complex that's you know 16 unit buildings versus the former two

538
01:02:13,080 --> 01:02:20,120
three unit, sort of town-home style units, because it'll allow us to build it a lower cost for

539
01:02:20,120 --> 01:02:25,880
unit, well preserving the same unit mix, like the same number of bedrooms, etc. And it can

540
01:02:25,880 --> 01:02:31,100
allow us to weather a wider, a financial shocks that could happen between this variance being

541
01:02:31,100 --> 01:02:36,880
approved, and the time we actually close next year. Because as you know, and as I've come to

542
01:02:36,880 --> 01:02:41,240
understand that what we're committing to for this variance application, we're going to be held

543
01:02:41,240 --> 01:02:46,580
to you. So we didn't want to be put in a situation where we committed to the town owns that

544
01:02:46,580 --> 01:02:50,420
do come with a higher cost. You get slightly higher rents, but we also don't want to push

545
01:02:50,420 --> 01:02:57,800
that too much. But if the financial conditions in the market continue to get worse,

546
01:02:57,860 --> 01:03:03,020
and interest rates get so high that it becomes financially infeasible, then the project can't

547
01:03:03,020 --> 01:03:09,000
happen and we have no recourse to really change or put it back to something like this after the

548
01:03:09,000 --> 01:03:29,080
So, that's why, you know, in this decision to table, and then a resummit a slight plan with something that's a little bit more conservative, cost-wise, we're really just hedging our bets on that, just because again, our understanding is that we're going to be tied to whatever is in the slight plan.

549
01:03:29,080 --> 01:03:34,980
With that being said, we would ultimately prefer a situation where the finance markets stabilize.

550
01:03:35,880 --> 01:03:43,620
And we have the flexibility to pivot back to that town home development concept after the curb cut change views sort of request is approved.

551
01:03:44,640 --> 01:03:48,760
We're more than ready to definitively commit to the final location of the curb cut.

552
01:03:48,980 --> 01:03:58,840
But we'd really appreciate any flexibility the planning commission could give us to pivot back to our more preferred option after this is approved.

553
01:03:58,840 --> 01:04:03,020
maybe some language in the approval that could state,

554
01:04:03,020 --> 01:04:07,700
you know, details, you know, other than the curb cut and the distances

555
01:04:07,700 --> 01:04:13,900
from the other curves can change after the approval of a prior to being submitted

556
01:04:14,480 --> 01:04:15,600
for permits.

557
01:04:15,960 --> 01:04:18,980
And with that things that are not asking for any sort of other

558
01:04:18,980 --> 01:04:25,060
variances or everything so has to sort of adhere to the land development code.

559
01:04:25,820 --> 01:04:28,820
But again, I think we just want that flexibility to be able to

560
01:04:28,820 --> 01:04:33,580
react to the market and be able to capitalize on whatever we can, because like I said ultimately

561
01:04:33,580 --> 01:04:39,900
like we came in with the town owns, that's what we really want to provide. But again it's

562
01:04:39,900 --> 01:04:45,560
just in the current situation. You know we just don't want to be putting a position where

563
01:04:45,560 --> 01:04:52,100
the entire project collapses because of the continuous sort of financial situation.

564
01:04:58,300 --> 01:04:58,800
And I'm

565
01:04:58,800 --> 01:04:59,940
I could, is there any...

566
01:05:00,000 --> 01:05:08,420
Anyone else in the audience who wants to speak on this item? Okay, that's one of those asking questions.

567
01:05:11,440 --> 01:05:20,080
There have been one with the request of the applicant with the flexibility for the access and cut.

568
01:05:20,900 --> 01:05:27,360
Is there language that we can put in there to make that happen painlessly, so it doesn't have to come into commission again.

569
01:05:27,360 --> 01:05:33,560
staff does not have any objection to approving this variance with a condition that could

570
01:05:33,560 --> 01:05:40,440
allow for modifications to the site plan to continue while still approving the requested

571
01:05:40,440 --> 01:05:48,820
variance for the per cut, the distance between per cuts. Thomas, do you have a condition drafted

572
01:05:48,820 --> 01:05:57,340
that you could put on the screen? Yes. So, this would be a potential revised condition

573
01:05:57,340 --> 01:06:03,100
number one, you'll see the underlining for the additions and the strike through otherwise.

574
01:06:03,780 --> 01:06:10,300
So this revised condition reads, this variance approval is for the access drive as depicted

575
01:06:10,300 --> 01:06:16,880
on the submitted site plan, sheet AS 101 by Patrick Daniel O'Mara registered architect

576
01:06:16,880 --> 01:06:26,160
992-41, signed and sealed on 716-2026, submitted with the variance application, notwithstanding

577
01:06:26,160 --> 01:06:31,360
the submitted site plan. This variance approval only establishes the location of the access

578
01:06:31,360 --> 01:06:37,680
drive along U.S. one overseas highway and does not establish locations of uses or other

579
01:06:37,680 --> 01:06:42,960
site work on the property. We're not specified, shall not be carried out without additional

580
01:06:42,960 --> 01:06:45,820
planning and environmental resources department approval.

581
01:06:47,180 --> 01:06:51,240
Thank you, Thomas. Any other comments from?

582
01:06:51,740 --> 01:06:55,280
I appreciate this because I really don't like the 16th.

583
01:06:55,280 --> 01:06:56,260
I don't like the current layout.

584
01:06:56,420 --> 01:06:58,240
I've already told Trent this.

585
01:06:59,020 --> 01:07:05,400
I think that the town homes much more higher quality of life for the residences of this property.

586
01:07:06,680 --> 01:07:09,720
And I think you've got to create a much nicer feel for the overall.

587
01:07:09,720 --> 01:07:31,640
Do Thomas, do you think we need to add anything in there that's like about whatever site plan change needs to happen needs to be conforming to the land development code or at all or you're you're good with that as is that's a great question any changes will have to be ultimately reviewed and approve through building permit reviewed by the planning department at that time.

588
01:07:31,640 --> 01:07:48,780
So I see that as being, that's a paid, go pre-it, and the third condition that is proposed states that the variance approval does not waive or reduce any other requirement of the code nor waived the land development code requirements for any future development.

589
01:07:49,440 --> 01:07:51,600
Great. So we keep getting this setbacks.

590
01:07:53,560 --> 01:08:01,180
So, I'm pleased to see that we don't have any objections to the project this time around,

591
01:08:01,540 --> 01:08:04,980
so you must have done something to the neighborhood to appease them.

592
01:08:06,220 --> 01:08:10,720
So, I know it's often not in my backyard type of a thing that people rather look at

593
01:08:10,720 --> 01:08:12,500
an empty field than have neighbors.

594
01:08:13,080 --> 01:08:16,020
So, is there any other discussion, get a motion?

595
01:08:16,340 --> 01:08:18,460
Robotions will prove with the additional condition.

596
01:08:18,460 --> 01:08:27,240
Okay. Motion approved with the condition. Second. Second. Second. Commissioner Nugien. Anyone opposed.

597
01:08:30,060 --> 01:08:34,220
Motion carries. Good luck. Best to you. Thank you. Very much. It's fine.

598
01:08:34,600 --> 01:08:35,600
Thank you.

599
01:08:37,120 --> 01:08:43,140
Okay. Item number three. Councillor, please read. Item number three.

600
01:08:46,730 --> 01:08:49,990
Number three, Florida Keys Electric Inc.

601
01:08:50,530 --> 01:08:55,530
5, 7, 2, 0, second avenue, stock island, mile marker 5.

602
01:08:55,870 --> 01:09:00,930
A public hearing concerning requests for variances to the required front yard and primary

603
01:09:00,930 --> 01:09:09,330
side yard setback requirements in land development code section 131-1, loading space, dimension

604
01:09:09,330 --> 01:09:20,490
requirements in LDC section 114-69 and drive aisle with requirements in section 114-67

605
01:09:20,490 --> 01:09:29,630
resulting in a front yard setback of six feet and six inches, a primary side yard setback of five feet,

606
01:09:30,070 --> 01:09:36,710
a loading space with dimensions of eight feet and six inches by 18 feet.

607
01:09:36,710 --> 01:09:41,810
and parking and a parking aisle that is 22 feet wide.

608
01:09:42,210 --> 01:09:46,870
The property is proposed to be developed with a mixed view structure consisting of an

609
01:09:46,870 --> 01:09:51,410
office use and a dwelling unit designated as Employee Housing.

610
01:09:52,150 --> 01:09:57,710
The subject property is described as lot to block 47 McDonald's,

611
01:09:57,710 --> 01:09:59,850
Donald's Cloud of Stock Island, according.

612
01:10:00,000 --> 01:10:22,560
To the plot thereof recording recorded in blackbook 1, pages 55 of the public records of Monroe County, Florida currently having parcel identification number 001, 2, 6, 2, 8, 0, dash, 0, 0, 0, 0, 0, 0, file number 20, 25, dash, 0, 1, 5.

613
01:10:24,350 --> 01:10:25,870
Okay, thank you, Councillor.

614
01:10:28,640 --> 01:10:30,120
Are we ready for the staff report?

615
01:10:33,470 --> 01:10:34,830
I'll take that as a yes, Liz.

616
01:10:35,830 --> 01:10:37,310
Yes, I'm here.

617
01:10:37,650 --> 01:10:39,090
I'm ready to provide the staff report.

618
01:10:39,410 --> 01:10:40,270
So Liz Lusper.

619
01:10:42,370 --> 01:10:44,730
This request is for for

620
01:10:45,590 --> 01:10:46,070
variances.

621
01:10:47,410 --> 01:10:49,650
One variance related to the front yard.

622
01:10:49,850 --> 01:10:54,970
Reducing proposed to reduce the front yard set back from 15 feet to six and a half feet.

623
01:10:54,970 --> 01:11:00,770
And then three variances that mostly address the side here at setback requirements.

624
01:11:01,430 --> 01:11:06,510
So, a proposal to reduce the primary side here at setback from 10 feet to 5 feet

625
01:11:06,510 --> 01:11:13,070
to reduce the loading space dimension from 11 by 35 to 8 and a half by 18

626
01:11:13,070 --> 01:11:20,470
and to reduce the 24 foot drive aisle to 22 feet.

627
01:11:27,640 --> 01:11:47,880
Here you can see the property at 5720, second Avenue on Stockholm and what I'd like for you to take away from this picture is how skinny the property is, which is relevant to the variances that are requested.

628
01:11:48,700 --> 01:11:58,600
And the variance is requested in order to develop what is currently a vacant property with two uses.

629
01:11:59,400 --> 01:12:04,640
In phase one, the property owner would like to develop the property within office.

630
01:12:04,640 --> 01:12:14,240
So to have a two-story building and so the top picture is up the first level, the second

631
01:12:14,240 --> 01:12:20,960
picture is up the second level and blue outlines the proposed area for office use on both

632
01:12:20,960 --> 01:12:23,100
the first and the second level.

633
01:12:23,600 --> 01:12:32,860
The idea is that in the second phase, if when the property owner is able to get an affordable

634
01:12:32,860 --> 01:12:40,420
go allocation or exemption on the property to then build an affordable apartment within the existing

635
01:12:40,420 --> 01:12:48,890
building envelope by adding a floor to an area that would be basically ground level to

636
01:12:50,020 --> 01:12:53,660
to roof elevation in phase one.

637
01:12:58,200 --> 01:13:00,980
So for the fruit yards backpack variants request,

638
01:13:00,980 --> 01:13:14,140
The request is to reduce the 15 foot frontwards of that to 6.5 feet in order to fit the garbage collection area within that front step back portion.

639
01:13:14,840 --> 01:13:24,820
This would only be needed if when the affordable unit is added to the property because it requires an additional parking space.

640
01:13:24,820 --> 01:13:25,340
The

641
01:13:30,660 --> 01:13:34,360
request is for reduction of the primary side yard step-up.

642
01:13:35,020 --> 01:13:38,920
We're using it from 10 feet to 5 feet.

643
01:13:39,880 --> 01:13:44,120
And the building itself is proposed to comply with the step-ups.

644
01:13:45,020 --> 01:13:49,160
But the variance is requested in order to fit portions

645
01:13:49,160 --> 01:13:52,940
of the parking spaces, a portion of the loading zone,

646
01:13:53,240 --> 01:13:57,320
and the air conditioning units would in that biethylate area,

647
01:13:57,320 --> 01:13:59,580
which are called out in that red box.

648
01:14:02,710 --> 01:14:06,030
The proposed reduction of the loading zone is shown here,

649
01:14:06,150 --> 01:14:15,070
so to reduce it from 11 by 35 to 18 by 8.5, which is the same size as a regular parking space.

650
01:14:17,920 --> 01:14:24,120
And here you can see the proposed reduction of the drivals from 24 feet to 22 feet.

651
01:14:28,420 --> 01:14:29,660
So these are

652
01:14:29,660 --> 01:14:36,040
the eight criteria that all have to be met in order for the variance to be approved, planning

653
01:14:36,040 --> 01:14:46,200
staff recommends approval for all of the requested variances and our analysis is that all

654
01:14:46,200 --> 01:14:54,800
of these criteria are met and to be clear most of the reason for why these criteria are met

655
01:14:54,800 --> 01:14:59,780
and the variance is necessary, it is because of the width of the property, the property.

656
01:15:00,000 --> 01:15:15,900
This is 50 feet wide, which is not wide enough to have 18 foot long parking spaces, a 24 foot drive aisle, plus 15 feet of

657
01:15:15,900 --> 01:15:24,300
accepts and to accommodate overloading zone. So everything has been pinched a little bit

658
01:15:24,300 --> 01:15:31,240
in order to try and accommodate the width of the property, shrinking the tri-file by

659
01:15:31,240 --> 01:15:43,780
to the shrinking the primary side of its effect by five feet reducing the dimensions of the

660
01:15:43,780 --> 01:15:44,860
loading space.

661
01:15:48,250 --> 01:15:52,860
So staff recommends approval of all of these

662
01:15:53,950 --> 01:15:58,330
appearances that are requested all of the four appearances. I've just highlighted

663
01:15:58,330 --> 01:16:05,350
the one deal with the front yard set back because that's actually only necessary if the

664
01:16:05,350 --> 01:16:11,350
affordable unit is added to the property. All of the rest of the appearances that were

665
01:16:11,350 --> 01:16:15,890
requesting and for which staff is recommending approval are needed for both the

666
01:16:15,890 --> 01:16:18,290
one in phase two of the proposed development.

667
01:16:21,610 --> 01:16:26,250
So stats recommendation is for approval with the

668
01:16:26,250 --> 01:16:33,610
fairly standard conditions that are are listed here. And the way the conditions are currently

669
01:16:33,610 --> 01:16:43,750
drafted is that this is recommending approval of all four variances, full stop, and is not

670
01:16:43,750 --> 01:16:51,310
calling out a specific variance requirement or condition related to the phasing of the project.

671
01:16:51,390 --> 01:16:57,410
If you wish to discuss that or add in any extra condition related to that, you know,

672
01:16:57,410 --> 01:17:06,050
stuff is open to that option, but as drafted, stuff is recommending approval of all of the

673
01:17:06,050 --> 01:17:09,890
experiences, starting with phase one.

674
01:17:11,510 --> 01:17:13,090
So that is what I've got.

675
01:17:13,250 --> 01:17:14,850
Does anybody have any questions?

676
01:17:17,070 --> 01:17:17,530
Questions?

677
01:17:18,350 --> 01:17:19,870
At this time?

678
01:17:20,290 --> 01:17:20,610
Okay.

679
01:17:21,390 --> 01:17:22,550
We'll stay and buy lives.

680
01:17:22,990 --> 01:17:24,490
I think there'll be some a little later.

681
01:17:27,110 --> 01:17:27,710
Okay.

682
01:17:27,850 --> 01:17:28,730
Public comment.

683
01:17:29,590 --> 01:17:30,710
Is there anyone?

684
01:17:31,730 --> 01:17:34,790
I probably want the applicant to go last in cases.

685
01:17:35,270 --> 01:17:36,230
Question if they can answer.

686
01:17:36,230 --> 01:17:41,890
Is there anybody in Zumland, Jaton, that would like to speak?

687
01:17:42,770 --> 01:17:44,810
Barbara Mitchell, and I think she may be

688
01:17:44,810 --> 01:17:46,150
to advocate in my correct or in the state.

689
01:17:47,450 --> 01:17:51,710
It's the applicant, as I know is here, but Barbara's with her.

690
01:17:54,230 --> 01:17:59,630
OK, well, why don't we have the applicant go last if we could?

691
01:18:00,610 --> 01:18:04,070
So is there someone else other than the applicant in Zumland?

692
01:18:04,070 --> 01:18:07,530
No, okay, so that's how the album

693
01:18:09,960 --> 01:18:14,380
is all right for Ms. Mitchell. Do you want me to promote her fully or just leave her as voice?

694
01:18:16,920 --> 01:18:17,880
All right

695
01:18:17,880 --> 01:18:20,260
Barbara Mitchell please accept the prompt.

696
01:18:33,640 --> 01:18:37,960
All right, Ms. Mitchell. You're now a panelist. Please unmute your microphone and turn on your camera

697
01:18:52,120 --> 01:18:57,540
Okay, are we good? Yeah, we're good Barbara. Great good morning commissioners

698
01:18:57,540 --> 01:19:00,500
My name is Barbara Mitchell with Mitchell planning and design

699
01:19:00,500 --> 01:19:06,400
Bill Horan and I are the project architect or the agents for the owner of Florida Keys Electric.

700
01:19:07,120 --> 01:19:10,280
We appreciate your time and hearing this request this morning.

701
01:19:10,680 --> 01:19:14,760
And I'd like to thank Liz for her thorough staff report and assistance with this project.

702
01:19:15,180 --> 01:19:18,700
I think she outlined everything that we need to discuss.

703
01:19:19,520 --> 01:19:24,720
As demonstrated, this is a minimal amount of a variance required to comply with the land development code

704
01:19:24,720 --> 01:19:30,060
in order to accomplish the construction of a building on a small stock island in

705
01:19:30,060 --> 01:19:34,320
fill-lot. The primary building is compliant with all development requirements.

706
01:19:34,860 --> 01:19:40,760
It's the set-backs required for accessory uses, driveway with, van, loading zones,

707
01:19:40,760 --> 01:19:46,420
etc. that require a variance. The applicant, Florida Keys electric, would like to include

708
01:19:46,420 --> 01:19:51,440
an affordable housing upportable apartment on the site. But the primary goal is to

709
01:19:51,440 --> 01:19:55,740
instructive building for office and accessory storage as sorely needed for business.

710
01:19:56,540 --> 01:19:59,960
With the approval of very requested variances, the applicant will then move.

711
01:20:00,000 --> 01:20:07,540
Forward with the building permit plans and concurrent submissions into the NROGO and Rogo systems for the required allocations.

712
01:20:08,260 --> 01:20:16,240
With staff's guidance, we proposed a phased approach that would allow the construction of a non-residential portion of the development and phased one,

713
01:20:16,660 --> 01:20:24,760
and not be hindered by waiting for an affordable allocation. As part of phased one, all of the requested variants will be realized,

714
01:20:24,760 --> 01:20:30,780
And we certainly accept staff's recommendation to be able to do the front yard set back at the same time.

715
01:20:31,460 --> 01:20:32,920
Although we could wait for phase 2.

716
01:20:33,560 --> 01:20:37,520
When and if an allocation for the affordable apartment becomes available,

717
01:20:38,140 --> 01:20:43,840
the front yard set back will ultimately become six foot six inches if it hasn't been designed,

718
01:20:44,400 --> 01:20:45,920
constructed that way beforehand.

719
01:20:46,660 --> 01:20:50,060
And therefore we'll also get an additional parking space needed for the apartment.

720
01:20:50,560 --> 01:20:55,260
We thank you for your time and I'm happy to answer any questions you may have.

721
01:20:55,480 --> 01:20:57,580
Mr. Horn, I understand it's in the commission room.

722
01:20:57,740 --> 01:21:02,960
If you have any questions, particularly to the architectural requirements or other site planning

723
01:21:02,960 --> 01:21:03,440
issues.

724
01:21:03,760 --> 01:21:04,840
Again, thank you.

725
01:21:05,660 --> 01:21:07,160
Bill, do you want to say anything?

726
01:21:07,680 --> 01:21:07,860
Okay.

727
01:21:08,720 --> 01:21:08,920
Okay.

728
01:21:09,060 --> 01:21:09,520
Thank you.

729
01:21:09,720 --> 01:21:10,740
That was the note.

730
01:21:12,880 --> 01:21:14,300
Questions for the applicant?

731
01:21:19,430 --> 01:21:21,550
Seeing that, I have a couple of comments, of course.

732
01:21:24,050 --> 01:21:33,080
I think it's a real task to get where you got with that little lot.

733
01:21:33,440 --> 01:21:35,420
I am pretty impressed to say the least.

734
01:21:36,000 --> 01:21:39,640
Going out there, I was kind of taking back, I thought I was familiar with the sight until

735
01:21:39,640 --> 01:21:40,340
I went out there.

736
01:21:40,520 --> 01:21:51,960
I saw that that perimeter fence is very formidable and I see that the current gate or the

737
01:21:51,960 --> 01:21:58,460
of the fence is somewhere in the order of depending on which part of the lot 17 and 19 feet

738
01:21:58,460 --> 01:22:07,160
off the edge of the road and then maybe 31 but I was pacing it off and the site is extremely

739
01:22:07,160 --> 01:22:14,480
well kept as far as I could see. Currently it is a lot of equipment there and it's certainly

740
01:22:14,480 --> 01:22:19,680
with the international shipping containers and things when I'm trying to visualize what it

741
01:22:19,680 --> 01:22:26,760
look like as an in-product, as inside the fence, there's some pre-substance of planters and things

742
01:22:28,120 --> 01:22:35,720
with concrete retaining wall. And the one thing I did look at, I just shake my head sometimes,

743
01:22:36,080 --> 01:22:48,600
as planning goes, that how much we can put in one particular place, and what the cost as far as not monetary costs are.

744
01:22:48,600 --> 01:22:54,640
because we I see on page five of the staff report when I see something like not granting the

745
01:22:54,640 --> 01:23:00,240
variances depicted on the variance plan would penalize the applicant for decisions made by the

746
01:23:00,240 --> 01:23:05,900
county commission years ago when the original plot was approved in subsequent land development

747
01:23:05,900 --> 01:23:13,800
regulations were enacted. I don't really buy that as a reason, but I appreciate it. It means that

748
01:23:13,800 --> 01:23:20,700
take into an extreme as a cardboard to do anything to create maximum development. In this particular

749
01:23:20,700 --> 01:23:31,880
case, my concerns are similar to a lot that we had up in big topic key. U.S. won somewhere

750
01:23:31,880 --> 01:23:39,700
on my marker nine. This is how much you can put on a lot and then access to it for emergency

751
01:23:39,700 --> 01:23:47,040
services. And that is something that I understand that the fire marshal will approve.

752
01:23:47,840 --> 01:23:53,180
And so that's really not my concern. I just want to be able to at some point in time and hopefully

753
01:23:53,180 --> 01:24:00,520
nothing ever happens there that say, wow, I didn't feel good about that. But it's, I think

754
01:24:00,520 --> 01:24:09,960
very aggressive plan for that small piece of property. I can see that care has been taken

755
01:24:09,960 --> 01:24:17,460
with the management of that property and I applaud how smart that and clean that property

756
01:24:17,460 --> 01:24:30,190
is maintained and I all for it. So my concerns will be addressed by others. But my biggest concern

757
01:24:30,190 --> 01:24:41,510
is with access for a fire protection because outside defense looking at the lot from the street to the right,

758
01:24:41,930 --> 01:24:49,410
very narrow access between the apartment building with the vegetation there and then once inside,

759
01:24:49,910 --> 01:24:56,870
I don't know what the final design will be but that is like close to a nuclear missile silo

760
01:24:56,870 --> 01:24:59,810
as far as security goes with that path.

761
01:25:00,000 --> 01:25:15,180
Concrete, slash concrete, block fence. So any other comments at all? Otherwise, entertain a, and I didn't know if there's any concern over the phase one phase two.

762
01:25:15,180 --> 01:25:19,220
Well, but where's the Enrogos square flage in the come from?

763
01:25:23,410 --> 01:25:35,370
Uh, we're, we intend to apply for Enrogos and Enrogos allocation, Joe, as soon as we get the building, building permit done submitted and moving to Enrogos at that point.

764
01:25:35,550 --> 01:25:37,210
Okay, so I'll be February 28th.

765
01:25:38,170 --> 01:25:38,350
Great.

766
01:25:39,450 --> 01:25:39,490
Okay.

767
01:25:39,750 --> 01:25:44,670
That's what that's the goal of assuming we can get through the permitting process that, you know, that's the plan.

768
01:25:45,350 --> 01:25:51,430
The property could potentially be eligible to apply for some square footage from the Enrogo bank as well.

769
01:25:51,430 --> 01:25:53,210
We would have to just write that.

770
01:25:53,250 --> 01:25:55,350
That's a thing. You could do that too.

771
01:25:56,170 --> 01:25:56,270
Okay.

772
01:25:57,190 --> 01:25:58,250
I'd like to play it.

773
01:25:58,610 --> 01:25:59,270
Motion approved.

774
01:25:59,650 --> 01:26:00,390
Motion approved.

775
01:26:00,950 --> 01:26:01,650
Mr. Scarpelli.

776
01:26:02,190 --> 01:26:02,850
Is that it?

777
01:26:03,270 --> 01:26:04,330
I think Eric was.

778
01:26:04,790 --> 01:26:05,370
I think Eric was.

779
01:26:05,770 --> 01:26:08,070
Any further discussion?

780
01:26:10,210 --> 01:26:10,990
Anyone opposed?

781
01:26:12,130 --> 01:26:13,990
Motion carries all the best of luck.

782
01:26:13,990 --> 01:26:16,550
Thank you very much, appreciate your time.

783
01:26:16,750 --> 01:26:18,330
Good seeing you, Barbara. Good seeing you, Bill.

784
01:26:21,890 --> 01:26:23,170
Item number four is postponed.

785
01:26:23,530 --> 01:26:26,130
We've only two item number five.

786
01:26:26,970 --> 01:26:28,390
Councilor, please read item number five.

787
01:26:28,530 --> 01:26:28,930
Yes, sir.

788
01:26:29,610 --> 01:26:34,010
Number five, Dan Nuremberg, of Nuremberg Family Trust.

789
01:26:35,230 --> 01:26:36,350
129, 24.

790
01:26:38,390 --> 01:26:40,450
113, Hack Doot, Lane.

791
01:26:40,450 --> 01:26:51,470
Kajoki, Maumarker 23, a public hearing concerning request for a variance to the required primary front yard setback requirement in land development code

792
01:26:51,970 --> 01:26:54,750
Section 131-1

793
01:26:55,030 --> 01:26:58,690
Resulting in a primary front yard setback of 22 feet

794
01:26:59,090 --> 01:27:03,510
The properties located the property is proposed to be

795
01:27:03,510 --> 01:27:07,830
developed with a detached dwelling unit.

796
01:27:08,390 --> 01:27:10,230
The subject property is described as

797
01:27:10,230 --> 01:27:13,810
lot eight, block 12, cut-throat harbor states.

798
01:27:14,510 --> 01:27:17,530
First edition, according to Platte thereof,

799
01:27:17,570 --> 01:27:20,690
has recorded in Platte book five, page 60.

800
01:27:21,270 --> 01:27:23,550
Pollock records of the Monroe County floor

801
01:27:23,550 --> 01:27:32,730
to currently having parcel identification number 001, 8558, 0-00, 0-00, 0-00.

802
01:27:32,730 --> 01:27:36,450
File number 2026-102.

803
01:27:38,840 --> 01:27:39,740
Thank you.

804
01:27:41,150 --> 01:27:42,010
Staff report, please.

805
01:27:47,670 --> 01:27:51,370
The list was very presenting this very mystery class.

806
01:27:52,290 --> 01:27:55,450
This came in as an administrative variance.

807
01:27:56,410 --> 01:28:02,650
It was administratively approved by the planning director and then the public noticing

808
01:28:02,650 --> 01:28:09,590
of the property and the balance to this surrounding property owners went out and there was

809
01:28:09,590 --> 01:28:13,390
request from affected property owners that this item

810
01:28:13,390 --> 01:28:17,210
come before the plan commission to be heard,

811
01:28:17,730 --> 01:28:22,110
and you should have also received this part of this file,

812
01:28:23,010 --> 01:28:25,430
the public comments that have been received.

813
01:28:26,510 --> 01:28:31,190
The proposal here is to reduce the 25th of the primary

814
01:28:31,190 --> 01:28:39,510
time that's set back by three feet to have the 22th of

815
01:28:40,710 --> 01:28:48,430
Right here you can see the property outlined and you can see sort of the neighborhood in which the property is located.

816
01:28:50,530 --> 01:29:04,650
And this is a closer up aerial view of the property and to be super super clear in terms of where the proposed variance is located is in that front yard setback area that's outlined in the orange.

817
01:29:08,040 --> 01:29:21,360
So previously, in 2017, a variance was approved for this property that reduced the same front yard setback by 22 feet.

818
01:29:21,420 --> 01:29:28,980
Excuse me, buy a three-feet for 22 foot front yard setback, and that's shown on the left,

819
01:29:29,900 --> 01:29:36,060
and then a building permit was issued in an alignment with the approved variance.

820
01:29:37,580 --> 01:29:56,060
Since then, a revision to that house permit has come in, and the proposal is for the house to still be at 22 feet from that front yard set back, but for the house to be wider, to be 40 feet as opposed to 30 feet, 35 feet wide.

821
01:30:00,000 --> 01:30:10,200
You can see the previously approved variants with the 22-foot setback and 35-foot wide house, one

822
01:30:10,200 --> 01:30:18,840
wouldn't including the overhangs. And here you can see what's proposed right now, the same 22-foot

823
01:30:18,840 --> 01:30:29,980
front yard setback, but of 40-foot width rather than 35. And if you look at the blue outline,

824
01:30:29,980 --> 01:30:37,940
line. In the area that shaded, that's the area that's under approximate area that's under

825
01:30:37,940 --> 01:30:45,140
consideration with this variance proposal. It's about 15 square feet. It's the same

826
01:30:45,140 --> 01:30:52,820
three-foot front-earth set that variance, but five feet wider. So what we're discussing today

827
01:30:52,820 --> 01:31:04,680
is whether the criteria are met to extend the previously approved variance by about 15 square feet.

828
01:31:06,380 --> 01:31:12,240
There's could you go back one slide? Yes. Okay, that's good. You can go forward.

829
01:31:13,020 --> 01:31:19,740
Okay. And the difference it says 10 and 24 and the difference is that there were six inch

830
01:31:19,740 --> 01:31:24,160
on each side, so it's 35 to 40.

831
01:31:27,910 --> 01:31:33,610
And so these are the criteria, the A criteria that must be met in order for a variance to be granted.

832
01:31:35,770 --> 01:31:48,810
And clearly the planning department previously in 2017 determined that all eight of these had been met at issue with the proposed variance would be

833
01:31:48,810 --> 01:31:57,230
is adding an extra 15 square feet. Does it meet the criteria of the minimum necessary,

834
01:31:57,230 --> 01:32:04,510
because it is an expansion of 15 square feet and planning stuff to determine that yes,

835
01:32:04,610 --> 01:32:11,530
it meets the criteria and the expansion of the additional 15 square feet is not unreasonable.

836
01:32:11,530 --> 01:32:11,830
level.

837
01:32:14,550 --> 01:32:21,970
So staff recommends approval with conditions, just the standard conditions regarding

838
01:32:21,970 --> 01:32:29,970
the plans on which this is based and clarification that no additional variances are

839
01:32:29,970 --> 01:32:31,190
approved through this.

840
01:32:34,140 --> 01:32:34,500
So,

841
01:32:36,550 --> 01:32:39,990
are there any questions for me at this time?

842
01:32:41,720 --> 01:32:44,400
Any questions, please?

843
01:32:45,340 --> 01:32:45,540
None.

844
01:32:46,820 --> 01:32:50,060
Well, we're not opening a public comment yet.

845
01:32:51,500 --> 01:32:57,440
So, um, did Liz, did an environmental thing come through yet?

846
01:32:57,500 --> 01:33:01,700
Did they do environmental existing additional report for the property up for building permit?

847
01:33:02,660 --> 01:33:07,840
So building permit was already issued for the house with all the

848
01:33:07,840 --> 01:33:15,840
environmental reviews that would be required for a house permit and that permit was approved

849
01:33:15,840 --> 01:33:26,020
received a logo and was issued so there is a biologist there he can answer specific questions

850
01:33:26,020 --> 01:33:37,820
regarding how the biologists do their review but that review was done and the permit for the

851
01:33:37,820 --> 01:33:44,000
is, is it appropriate to allow for the House to be five feet wider within that front

852
01:33:44,000 --> 01:33:48,840
air backpack? It's not a question of it is the property developable.

853
01:33:50,000 --> 01:33:54,040
Understood. I just was reading some of the owner, some of the comments that's why I figured

854
01:33:54,040 --> 01:34:03,280
I'd ask. Okay. You know, open it up to public comment. Does anyone here would like to speak? Please

855
01:34:03,280 --> 01:34:10,810
come up to the lectern? Yes sir, come on up. Please state your name and address.

856
01:34:20,590 --> 01:34:26,690
Commissioner, my name is Christopher Pucco. I reside diagonally across from the property in

857
01:34:26,690 --> 01:34:33,030
question on Cuccio Key. My wife and I bought the house in 2011 after serving 32 years in the

858
01:34:33,030 --> 01:34:42,790
I'd like to address why I believe the eight aforementioned criteria do not satisfy.

859
01:34:44,930 --> 01:34:50,650
The first being good and sufficient cause, the 2015 although I think the nice lady said

860
01:34:50,650 --> 01:34:59,290
2017 side plan shows that an approximate 1,068 square foot home could fit within the ordinary

861
01:34:59,290 --> 01:34:59,930
speed set.

862
01:35:01,180 --> 01:35:11,360
Currently, the applicant has shown a preference for a larger house, but not in my opinion, a good cause for reducing the setback.

863
01:35:12,100 --> 01:35:20,000
Regarding the exceptional hardship, I'm the lot's shape, wetland and basin, who already know, in the smaller house,

864
01:35:20,000 --> 01:35:29,560
At the time was designed and I believe a later decision to pursue a larger plan is not an exceptional hardship, it's a preference.

865
01:35:30,960 --> 01:35:33,140
I'm thirdly regarding safety.

866
01:35:34,720 --> 01:35:41,780
I witnessed this property underwater continuously as it has been since 2015.

867
01:35:41,780 --> 01:35:50,060
And for that matter, both the lot and the haplot lane, they flood, every time, there's a king-tied

868
01:35:50,060 --> 01:35:56,960
or high-tied or excessive rain such that the neighbors, some of which are here, literally

869
01:35:56,960 --> 01:36:04,160
have to park their car at the end of the street so that they could get out because the flood

870
01:36:04,160 --> 01:36:08,100
water in the street rises to like two feet.

871
01:36:08,100 --> 01:36:14,700
Could you please clarify which number you are speaking to as far as compliance not compliance with that comment?

872
01:36:15,320 --> 01:36:18,920
Number three, no public expense, safety threat or nuisance.

873
01:36:19,460 --> 01:36:20,100
Thank you.

874
01:36:22,240 --> 01:36:23,380
You need circumstances.

875
01:36:24,040 --> 01:36:32,200
Number four, the lot is unusual, but those same conditions existed in 2015 when the compliance plan was prepared and approved.

876
01:36:32,200 --> 01:36:40,180
Uniqueness alone does not make the request variance necessary, regarding a special privilege, the current

877
01:36:40,180 --> 01:36:50,360
1,481 square foot covered area, is about 39% larger than any other dwelling, not only

878
01:36:50,360 --> 01:36:53,500
on that street, but in all of cutthroat states.

879
01:36:54,680 --> 01:37:02,320
The smaller plan was similar in size to nearby homes and granting relief for the larger design

880
01:37:02,320 --> 01:37:07,160
would provide, in my opinion, a special privilege, not necessary.

881
01:37:08,240 --> 01:37:13,380
Number six, number seven, not applicable and lastly, the minimum variance.

882
01:37:13,680 --> 01:37:21,860
The earlier plan proves that a meaningful neighborhood scale residence can fit without the reduction

883
01:37:21,860 --> 01:37:28,400
in square footage, the request variance, in my opinion, does not allow the minimum relief necessary

884
01:37:28,400 --> 01:37:33,920
and respectfully request the commissioners to deny the variance.

885
01:37:34,340 --> 01:37:35,200
Thank you for listening.

886
01:37:36,140 --> 01:37:37,000
Thank you.

887
01:37:40,550 --> 01:37:40,890
Next.

888
01:37:43,470 --> 01:37:45,350
How about you stroke first?

889
01:37:46,090 --> 01:37:46,250
Okay.

890
01:37:46,430 --> 01:37:47,150
Thank you.

891
01:38:00,220 --> 01:38:06,380
Possible to put the site plan back up, so I can reference it.

892
01:38:10,450 --> 01:38:22,290
I'm Michelle Fletco. I live at 1134 D. Lusana, Chris's wife. I'm the engineer in the family. I'm a PhD in engineering. I haven't had my professional engineering license.

893
01:38:23,030 --> 01:38:37,410
I'm mechanical engineer, not a civil engineer. I don't have experience working in Monroe County, but I'm able, can you go to the previous site plan, the older one.

894
01:38:37,410 --> 01:38:39,850
That's just a little easier to read.

895
01:38:40,930 --> 01:38:46,490
I have not really looked at this plan until this current variance was submitted.

896
01:38:47,430 --> 01:38:52,750
And when I look at the plan, I know we're talking about the front yard set back.

897
01:38:52,850 --> 01:38:55,110
That is what we're here today to decide.

898
01:38:55,590 --> 01:38:57,850
But we're not really deciding on a line.

899
01:38:58,310 --> 01:39:01,390
We're deciding on a footprint of a residence.

900
01:39:01,970 --> 01:39:07,390
So when I look at this, I think everyone knows the shoreline set back.

901
01:39:07,390 --> 01:39:14,110
back here in Monroe County is 20 feet, and it's shown as 10.

902
01:39:14,830 --> 01:39:23,830
And every plan has said, this property must adhere to the setbacks, unless it's, you

903
01:39:23,830 --> 01:39:25,550
know, there's the reason.

904
01:39:25,650 --> 01:39:31,710
So I looked at what could possibly provide a 10 foot shoreline setback instead of a 20.

905
01:39:32,330 --> 01:39:36,150
And there's the boat slip in the boat ramp, neither of which are on this property.

906
01:39:36,150 --> 01:39:44,550
and I printed it out, I read it all, and it's like there is no approval for a 10 foot shoreline set back.

907
01:39:45,050 --> 01:39:56,990
The plan submitted to the Corps of Engineers in 2015 as well as the Florida Department of Environmental Protection show a 20 foot shoreline set back.

908
01:39:56,990 --> 01:39:59,950
and they're actually in the Nuremberg Spare.

909
01:40:00,000 --> 01:40:29,980
Request that they put in, but it's just blurry. It's the small blurry one. A 20-foot shoreline setback was the core approved plan and the Department of Environmental Protection Plan. Since that time, the core plan has expired and there is no extension. The Department of Environmental Protection Plan has been extended, but for the plans that were submitted originally. And the Nuremberg's did not do this. They inherited this.

910
01:40:30,000 --> 01:40:36,340
I don't even know if they actually know what their variants in fat backs were submitted in 2015.

911
01:40:36,940 --> 01:40:46,580
So in 2015 we have, I mean, high water line established, a 20 foot shoreline setback, and two front yard variances.

912
01:40:46,900 --> 01:40:49,780
Because it's a corner lot, it has 25 and 15.

913
01:40:50,400 --> 01:40:52,900
And that's what was approved since then.

914
01:40:52,920 --> 01:40:59,000
A variance was submitted as Liz said in 2017 with different shorelines setback.

915
01:40:59,000 --> 01:41:02,580
and a reduced front yard set back.

916
01:41:03,060 --> 01:41:10,300
And so the mean high water line, which gave the 2015 plans,

917
01:41:10,800 --> 01:41:15,920
the measurement of 20 feet was surveyed in 2015.

918
01:41:17,040 --> 01:41:20,960
There has been 11 years of tidal inundation

919
01:41:20,960 --> 01:41:26,940
and a major hurricane since the high water line was established.

920
01:41:26,940 --> 01:41:43,220
So 11 years later, we're trying to reduce the setback to 10 feet, there was a survey in 2020 and the 2020 survey in the fine print says we are using the 2015 mean high waterline calculations for this.

921
01:41:43,220 --> 01:41:47,060
And I am not saying that the property is not buildable.

922
01:41:47,540 --> 01:41:52,660
It needs to be developed if it needs with current survey.

923
01:41:53,420 --> 01:41:59,220
And express why are we not even talking about the shorelines that back?

924
01:41:59,580 --> 01:42:01,540
And the last thing I'm going to say is the swell.

925
01:42:02,060 --> 01:42:05,760
Can we go to the next, um, the current.

926
01:42:06,820 --> 01:42:09,300
Mr. Chairman has been three minutes to see you know.

927
01:42:09,300 --> 01:42:14,880
Oh, okay, okay, give us the 30 seconds, give us the 30 second version.

928
01:42:15,200 --> 01:42:20,480
That the swell is too much too small for I'm the I was a professional engineer.

929
01:42:20,820 --> 01:42:24,900
I'm like how can this swell retain that much water for this much fill?

930
01:42:25,140 --> 01:42:32,040
I'm not the person from Monroe County that's it, but it's part of the site plan that I don't think has really been approved.

931
01:42:32,100 --> 01:42:35,420
Thank you, thank you. That's the mechanical engineer versus the civil.

932
01:42:35,420 --> 01:42:38,020
I have my undergrad and civil, my PhD mechanic.

933
01:42:38,120 --> 01:42:40,140
I know you probably couldn't appreciate you, of course.

934
01:42:40,420 --> 01:42:41,000
Thank you so much.

935
01:42:41,180 --> 01:42:42,120
Thank you for your time.

936
01:42:42,340 --> 01:42:43,080
Thank you.

937
01:42:43,680 --> 01:42:44,520
Someone else?

938
01:43:04,540 --> 01:43:05,440
Are you buying any drinks?

939
01:43:12,100 --> 01:43:12,760
Good morning.

940
01:43:13,400 --> 01:43:15,960
Planning Commission members, staff, and guests.

941
01:43:16,580 --> 01:43:17,560
My name's Kim Nuremberg.

942
01:43:17,660 --> 01:43:19,460
I'm here with my husband, Dan Nuremberg.

943
01:43:19,660 --> 01:43:22,440
We're representing the Nuremberg family trust,

944
01:43:22,760 --> 01:43:25,020
the owner of the property to $11.35

945
01:43:25,020 --> 01:43:27,540
Haculot Lane on Cooju Coojo Key.

946
01:43:28,180 --> 01:43:31,000
Thank you for giving us the opportunity to speak with you today.

947
01:43:31,000 --> 01:43:39,900
We are here asking the Planning Commission to approve the application for the small variance needed to accommodate a reasonable home on this property.

948
01:43:40,780 --> 01:43:46,220
This would require a reduction of the front yard set back from 25 feet to 22 feet.

949
01:43:47,160 --> 01:43:55,020
This property has a unique configuration. There's a significant cutout along the canal that substantially reduces the usable building area.

950
01:43:55,020 --> 01:44:01,980
The property is also subject to a secondary side road set back further limiting the buildable area.

951
01:44:02,640 --> 01:44:05,880
These are existing conditions that were not created by us.

952
01:44:06,160 --> 01:44:12,940
When combined with the current building, floodplain, environmental and other regulatory requirements,

953
01:44:13,640 --> 01:44:16,580
these constraints create significant design challenges.

954
01:44:17,300 --> 01:44:21,460
Our goal is simply to build a reasonable home that fits the character of the neighborhood,

955
01:44:21,460 --> 01:44:27,540
It meets all required standards and minimizes the impacts on neighboring properties in the environment.

956
01:44:28,300 --> 01:44:34,100
County staff has reviewed our application and determined that it does meet the required various criteria.

957
01:44:34,940 --> 01:44:42,260
We believe it's a very limited adjustment that allows reasonable use of the property without inversely affecting neighboring properties.

958
01:44:43,120 --> 01:44:49,160
We understand and respect the concerns raised today, particularly regarding flooding in the environment.

959
01:44:49,160 --> 01:44:55,700
But we believe it's important to keep those concerns in the context of the request before you.

960
01:44:56,440 --> 01:44:59,480
This is a limited three-foot set-back variance request.

961
01:45:00,000 --> 01:45:08,660
Not approve a drainage plan, change the flood plan requirements, or override any environmental regulations or agency requirements.

962
01:45:09,480 --> 01:45:18,880
We believe those matters are addressed through the county and other agencies review processes, and we have complied with the requirements that apply to this project.

963
01:45:19,880 --> 01:45:26,740
This variance simply provides the additional flexibility needed because of the unique constraints of this particular law.

964
01:45:26,740 --> 01:45:39,920
We respectfully ask you to focus on the limited request before you consider the specific conditions of this property and the review that has already taken place and we ask that you approve the variance.

965
01:45:40,560 --> 01:45:42,180
Thank you.

966
01:45:42,460 --> 01:45:42,940
Any questions?

967
01:45:43,980 --> 01:45:44,100
Okay.

968
01:45:44,300 --> 01:45:45,760
Is there anyone else that like to speak?

969
01:45:46,260 --> 01:45:46,540
Thank you.

970
01:45:46,760 --> 01:45:48,200
Thank you so much.

971
01:45:48,500 --> 01:45:48,880
Come on out.

972
01:45:49,560 --> 01:45:50,740
Thank you.

973
01:45:51,760 --> 01:45:56,720
May I request that any public speakers approach the podium in the front of the staff desk and not walk by.

974
01:45:56,720 --> 01:45:58,300
behind it. Thank you.

975
01:46:19,630 --> 01:46:26,130
My name is Barbara Zeki. I live at 11. 25 hack loop name. My problem

976
01:46:26,130 --> 01:46:36,090
is the flooding on the road. And I'm afraid that being able to raise the lot that they have

977
01:46:36,090 --> 01:46:45,890
three foot four inches is going to have a great reflection on the flooding of the road.

978
01:46:45,890 --> 01:46:52,530
The road floods now every two weeks and it isn't passable.

979
01:46:53,350 --> 01:46:57,570
I have to go to physical therapy. I have someone pick me up at the end of the road.

980
01:46:58,210 --> 01:47:01,930
So I can go to physical therapy all the time.

981
01:47:02,730 --> 01:47:05,690
And it's a big inconvenience.

982
01:47:05,990 --> 01:47:14,490
And I don't know if people have checked to see what this type of filling that much on the road

983
01:47:14,490 --> 01:47:19,430
on the site is going to do to the road flooding.

984
01:47:21,210 --> 01:47:25,050
We need a new roadway, but we can't pay for it,

985
01:47:25,250 --> 01:47:30,730
which is now the plan for the county

986
01:47:31,310 --> 01:47:32,830
if you need to raise the road.

987
01:47:33,150 --> 01:47:36,230
You have to, the neighbors have to pay for it.

988
01:47:36,490 --> 01:47:37,750
So I don't know.

989
01:47:37,870 --> 01:47:42,310
Are these people going to be willing to pay to raise the road, too?

990
01:47:42,310 --> 01:47:54,790
I need to, the other thing is they are able to fill three and a half, three foot, four inches.

991
01:47:55,950 --> 01:48:04,830
And my neighbor across the way just wanted to fill on their sidewalk on the side of the little lot.

992
01:48:04,830 --> 01:48:13,330
Because it gets constantly flooded by the high ties, and they weren't able to.

993
01:48:13,370 --> 01:48:21,610
The planning commission said that they could not put any fill on their lot.

994
01:48:21,990 --> 01:48:27,230
And their lot is not, it's below the level of the road.

995
01:48:28,990 --> 01:48:34,670
And I don't understand how they are not able to put any fill on their property.

996
01:48:34,670 --> 01:48:44,470
And the new embers are able to raise the property 3.3 foot 4 inches.

997
01:48:46,070 --> 01:48:52,190
And have 10 foot from the water, which is going to flood over there.

998
01:48:53,150 --> 01:49:02,570
And make it like a channel that's going to run through the property, it's inconceivable to me.

999
01:49:02,570 --> 01:49:09,430
I'm sorry. I know these people are very nice and I always felt that if you bought property,

1000
01:49:09,630 --> 01:49:16,250
you could do something with it. But the original plan was for a smaller house that was only two

1001
01:49:16,250 --> 01:49:23,670
stories and now they want a huge house that's three stories and that's going to take over the whole lot.

1002
01:49:24,630 --> 01:49:36,020
And they are using a permit that was issued in 2015 before Irma by the previous owners.

1003
01:49:37,030 --> 01:49:38,970
I don't understand that either.

1004
01:49:40,170 --> 01:49:49,330
So I'm very sorry to make these this opinion, but I don't want to be blocked in by water anymore than I am.

1005
01:49:50,430 --> 01:49:55,850
Thank you, just the point of clarification, it was not the planning commission that denied that filter.

1006
01:49:56,170 --> 01:49:59,950
It might have been the planning department, but we kind people up here.

1007
01:50:00,860 --> 01:50:09,800
I'm sorry. I don't know who takes care of that. I haven't had to ask for something like that myself, although I probably should.

1008
01:50:10,080 --> 01:50:14,960
Thank you. Thank you for your concern. Is there anyone else who would like to speak?

1009
01:50:19,250 --> 01:50:20,950
Commissioners any comments?

1010
01:50:23,120 --> 01:50:34,140
Well, I know that they're not able to raise the property by three feet. They're raising it two or three foot elevation from their two foot elevation on the property.

1011
01:50:35,820 --> 01:50:45,660
according to the survey there is ma'am, and that's the elevation, currently sits at, to speak to that.

1012
01:50:45,740 --> 01:50:52,020
And then I do know that I've done work on that street, on a house on that street, it does flood.

1013
01:50:52,020 --> 01:50:58,780
I've brought it up to Ronda Hague that that road should be on our list of road resiliency projects.

1014
01:50:58,780 --> 01:51:01,900
It is a poor, poor road.

1015
01:51:02,940 --> 01:51:05,560
She said there are ones that are worse throughout the county.

1016
01:51:05,800 --> 01:51:11,580
This house explains me, but it is on their list for them to address, but that's

1017
01:51:11,580 --> 01:51:17,660
through their grant funding, I believe, as how she's looking at that, to speak to

1018
01:51:17,660 --> 01:51:20,120
the road resiliency portion of it.

1019
01:51:20,680 --> 01:51:26,300
I did have a question, the temp, the for staff, the temp foot, mean high border line, that

1020
01:51:26,300 --> 01:51:28,160
It was part of the original variance, right, Liz?

1021
01:51:29,200 --> 01:51:30,760
It was not.

1022
01:51:31,860 --> 01:51:35,360
It was not part of the original variance.

1023
01:51:36,000 --> 01:51:41,440
So in 2017, a variance to the front yard set back was granted.

1024
01:51:41,840 --> 01:51:51,320
It is referenced in that staff report that a reduction of the shoreline set back could be granted

1025
01:51:51,320 --> 01:51:54,720
administratively through the building permit.

1026
01:51:54,720 --> 01:52:02,520
So I wouldn't even say administratively, but the land development code allowed a reduction to a 10-foot shoreline setback.

1027
01:52:02,660 --> 01:52:09,420
The code section was 118, 12, to allow for 2000 square foot of principle structure,

1028
01:52:10,560 --> 01:52:13,860
a principal structure footprint of reasonable configuration.

1029
01:52:14,180 --> 01:52:23,760
And that was approved through the building permit that was applied for in 2020 and issued in February of this year.

1030
01:52:23,760 --> 01:52:29,620
And now revision to that site plan is proposed, that is the subject of the request today.

1031
01:52:29,700 --> 01:52:32,820
There is no change to that short line set back that is proposed.

1032
01:52:33,200 --> 01:52:43,040
Yeah, by measurements, according to the site plan, the footprint of this house is only 1300 square feet, roughly judging by the site plan.

1033
01:52:43,040 --> 01:52:43,920
What was that?

1034
01:52:47,140 --> 01:52:47,140
Okay,

1035
01:52:50,030 --> 01:53:14,690
I have a measurements of 36 by 37 is what I got, but regardless, that's all I, I was just

1036
01:53:14,690 --> 01:53:18,890
Curious, is anyone telling me why the soap senses up?

1037
01:53:18,950 --> 01:53:21,010
I mean, I don't know.

1038
01:53:21,510 --> 01:53:24,170
No, I can't take any staff.

1039
01:53:25,270 --> 01:53:25,950
I went out there.

1040
01:53:26,130 --> 01:53:27,430
There's a soap barrier put on.

1041
01:53:29,680 --> 01:53:31,720
There is an issued building permit currently.

1042
01:53:32,180 --> 01:53:32,380
Okay.

1043
01:53:32,600 --> 01:53:33,620
That makes sense.

1044
01:53:33,920 --> 01:53:34,340
Thank you.

1045
01:53:34,460 --> 01:53:34,920
That's the answer.

1046
01:53:35,760 --> 01:53:36,400
Because I tell you.

1047
01:53:36,620 --> 01:53:38,160
That's a guess.

1048
01:53:38,500 --> 01:53:39,600
We don't have.

1049
01:53:39,700 --> 01:53:40,140
Okay.

1050
01:53:40,360 --> 01:53:41,400
Because I saw that.

1051
01:53:41,480 --> 01:53:43,660
It was indicative of you doing that before construction.

1052
01:53:46,660 --> 01:53:54,520
I think, Commissioner Scarpelli, I mentioned something earlier about the actual biologists or something.

1053
01:53:54,620 --> 01:54:04,000
I tell you what, I personally, Mike, was blown away going out there to see the metaphors all over the lot.

1054
01:54:04,280 --> 01:54:12,900
I mean, the black main grows, and then the mature red main grows, I can see there, the doc plan, I guess, is going to put, that's a separate issue.

1055
01:54:12,900 --> 01:54:24,960
it goes out around them as far as wetlands go. I'm amazed that you can even get a building permit.

1056
01:54:28,200 --> 01:54:35,480
I'm just, but that's why we're here. I'm going like, I mean, I mean, I looked at there.

1057
01:54:36,020 --> 01:54:41,640
And I said, there's no trespassing signs up, not that I would go on the other way, but I don't want to chill in the matter for us on the black,

1058
01:54:44,580 --> 01:54:50,820
I, of the sights I've looked at, I was, I wouldn't have been surprised if that driveway

1059
01:54:50,820 --> 01:54:55,320
wasn't there whether it was tier one property to be honest with you, but we're talking

1060
01:54:55,320 --> 01:54:59,940
about what 15 square feet for the additional, we're talking about.

1061
01:55:00,000 --> 01:55:11,700
I see that the swell to the comment about that, the swells are designed by a registered professional engineer, correct?

1062
01:55:11,940 --> 01:55:22,840
And that should have taken into account the counties required run-off calculations to take on that water granted from what I can see.

1063
01:55:22,840 --> 01:55:30,260
And I totally can believe that that lot is inundated times just by the vegetation that's there

1064
01:55:30,260 --> 01:55:39,220
in the model of soil that's present through all those undeveloped lots there.

1065
01:55:41,280 --> 01:55:49,940
But I know it's, we are here about 15 square feet cannot undo what has been done already

1066
01:55:49,940 --> 01:55:54,220
And our purview is that 15 square feet.

1067
01:55:54,400 --> 01:56:02,180
I very much appreciate the residents' comments that have come here and the concerns about

1068
01:56:02,180 --> 01:56:10,540
that because it's obvious to me that a lot floods were not here unfortunately today to

1069
01:56:10,540 --> 01:56:16,360
want to do that. It's about 15 square feet. So, yes, George.

1070
01:56:18,690 --> 01:56:22,290
I mean attached letter going back to 2017.

1071
01:56:24,770 --> 01:56:27,870
It states that they were giving given an administrative

1072
01:56:29,310 --> 01:56:36,690
variance. And I think, also, at that time, we weren't really experiencing the high

1073
01:56:36,690 --> 01:56:46,850
the king tides that we are now. They've gotten worse over the years and it seemed like

1074
01:56:46,850 --> 01:56:52,510
they're much more frequent than they used to be back in the early days. In fact, we never

1075
01:56:52,510 --> 01:57:00,350
talked about king tides back then that I can look all up. But now we're definitely experiencing

1076
01:57:00,350 --> 01:57:14,590
But I'm so am I correct and say and they got a variance in 2017 that is correct a variance was granted in 2017 that variance was granted because the

1077
01:57:15,490 --> 01:57:28,690
It was found that the proposed plan and the property met the eight required criteria that permit was issued that's the permit that was finally issued in February of this year

1078
01:57:28,690 --> 01:57:33,470
the applicants then proposed a revision to their site plan.

1079
01:57:33,810 --> 01:57:39,450
The revision does include approximately 15 square feet that of additional square footage

1080
01:57:39,450 --> 01:57:44,070
within that front yard step back area, which is why they had to come in for another

1081
01:57:44,070 --> 01:57:44,770
variance.

1082
01:57:45,650 --> 01:57:47,150
I did review it.

1083
01:57:47,270 --> 01:57:54,110
I found that the status of the property in the request had not substantially changed and that

1084
01:57:54,110 --> 01:57:59,410
there was not sufficient justification to issue an alternative decision, other than that,

1085
01:57:59,830 --> 01:58:05,910
what was granted in 2017, our code does require us to notice all surrounding property

1086
01:58:05,910 --> 01:58:10,850
owners of the intent to approve the variance, and the surrounding property owners have

1087
01:58:10,850 --> 01:58:15,450
the option to request that variance come before the planning commission, which is how we

1088
01:58:15,450 --> 01:58:20,350
are here today. I do want to add, though, because the building permit that we're talking about

1089
01:58:20,350 --> 01:58:28,150
was originally applied for in 2020, and now a revision is being a requested county biological

1090
01:58:28,150 --> 01:58:33,650
staff did review this proposed revision and did note that the Army Corps of Engineers

1091
01:58:33,650 --> 01:58:39,550
permit that was previously issued that authorized the proposed development did expire and

1092
01:58:39,550 --> 01:58:45,110
are requiring a new authorization from Army Corps prior to approving this revision.

1093
01:58:45,110 --> 01:58:52,950
So that will be reviewed, but today, as Liz had previously stated, is the requested front

1094
01:58:52,950 --> 01:58:58,590
New York setback variance, which is approximately 15 square foot change from what had been previously

1095
01:58:58,590 --> 01:58:59,270
approved.

1096
01:59:01,170 --> 01:59:05,190
Thank you for that, and that will be interesting,

1097
01:59:07,510 --> 01:59:11,470
and hopefully you read between the lines on

1098
01:59:11,470 --> 01:59:18,350
that, the neighbors, about the Army Corps commitment, needing to be revised. Any further discussion?

1099
01:59:20,960 --> 01:59:21,520
Motions?

1100
01:59:29,630 --> 01:59:32,090
I'll go into a group as is.

1101
01:59:32,230 --> 01:59:36,210
We have a motion to prove Mr. Carpelli's second commissioner, Newtion.

1102
01:59:37,110 --> 01:59:41,970
I just want to add one little caveat there to that. I'm only motion to improve this because

1103
01:59:41,970 --> 01:59:47,810
in my opinion, when you reduce the setback variance, it's already been reduced all the way

1104
01:59:47,810 --> 01:59:55,990
cross not on the merit that it's the setback of variants was already requested. I feel

1105
01:59:55,990 --> 01:59:59,870
it's silly. I know that that's how the land development code is written, that these

1106
02:00:00,000 --> 02:00:09,320
We are further encroaching in the front yard setback that that variance still needs to add for that three linear feet that we're adding.

1107
02:00:09,920 --> 02:00:13,240
But that's the only reason why I'm voting. Motion to approve. Sorry.

1108
02:00:14,980 --> 02:00:15,100
Okay.

1109
02:00:16,960 --> 02:00:21,980
Commissioner Scarpelli made the motion. We have a second from Commissioner Noochand. Anyone opposed?

1110
02:00:21,980 --> 02:00:24,140
I'm opposed.

1111
02:00:24,740 --> 02:00:27,300
Okay, call the roll, please.

1112
02:00:35,040 --> 02:00:36,280
Mr. Skarpali?

1113
02:00:36,860 --> 02:00:37,060
Yes.

1114
02:00:37,320 --> 02:00:38,060
Mr. Nortama?

1115
02:00:38,580 --> 02:00:38,800
No.

1116
02:00:39,600 --> 02:00:40,440
Mr. Nogent?

1117
02:00:40,500 --> 02:00:40,920
Yes.

1118
02:00:41,340 --> 02:00:42,040
Mr. Anderson?

1119
02:00:42,460 --> 02:00:42,740
Yes.

1120
02:00:43,200 --> 02:00:43,800
Chair deans.

1121
02:00:44,520 --> 02:00:44,820
Yes.

1122
02:00:47,920 --> 02:00:48,720
Thank you.

1123
02:00:49,720 --> 02:00:51,060
Thank you.

1124
02:00:51,260 --> 02:00:51,900
The, um,

1125
02:00:54,620 --> 02:00:55,120
okay.

1126
02:00:55,480 --> 02:00:59,780
We've up to

1127
02:01:02,500 --> 02:01:04,080
item number six.

1128
02:01:05,900 --> 02:01:06,260
Council.

1129
02:01:06,260 --> 02:01:08,820
Council, will you please re-Ile number six?

1130
02:01:19,340 --> 02:01:20,200
Number six.

1131
02:01:20,900 --> 02:01:22,480
Brian and Beverly Platner,

1132
02:01:23,620 --> 02:01:26,220
19 South Bridge Lane,

1133
02:01:26,620 --> 02:01:27,500
Key Largo, Florida,

1134
02:01:28,180 --> 02:01:29,220
Ocean Reef Club.

1135
02:01:29,980 --> 02:01:31,780
A public hearing for the Monroe County

1136
02:01:31,780 --> 02:01:33,660
Planning Commission to consider

1137
02:01:33,660 --> 02:01:36,620
an appeal initiated by Smith Hawks PL

1138
02:01:36,620 --> 02:01:38,880
as agent for the property owners.

1139
02:01:39,400 --> 02:01:41,500
pursuant a section 102-185

1140
02:01:42,180 --> 02:01:44,260
of the Monroe County Land Development Code

1141
02:01:44,260 --> 02:01:49,740
of planning environmental resources, the Department Review Determinations,

1142
02:01:50,560 --> 02:01:58,440
Failure for Building Permit, R-R-M-DL-2026-0043.

1143
02:01:59,240 --> 02:02:03,120
The property is legally described as a lot 19 block-3.

1144
02:02:03,740 --> 02:02:08,320
Harbour course section 4, Ocean Reef, Platinum 13,

1145
02:02:08,320 --> 02:02:18,200
According to the platform, as recorded in the platform 7 page 8 of the public records of Monroe County Florida, having parcel identification number

1146
02:02:24,040 --> 02:02:28,320
00573670101900 file number 2026-048.

1147
02:02:39,980 --> 02:02:40,820
Thank you.

1148
02:02:40,820 --> 02:03:00,220
Two or three times my head spins trying to understand how we got to where we are today and the chronologies extremely important and to emphasize county actions and what didn't happen.

1149
02:03:00,220 --> 02:03:18,720
It's to get here and on the basis of this appeal, but I'm very interested and see that the diligence and what I ascertain from what I read, the county trying to work with the applicant, so Jay, go for it.

1150
02:03:18,720 --> 02:03:22,860
And if I might ask just to get us out of here younger, would it be willing to stipulate

1151
02:03:22,860 --> 02:03:28,540
I'm referring to opposing council for purposes of the record to the Planning Commission's

1152
02:03:28,540 --> 02:03:33,600
recognition of Mr. Barren's wig as an expert in the fields of planning and environmental resources

1153
02:03:34,160 --> 02:03:38,540
and stipulate to Mr. Tolpe and being recognized as an expert in the discipline of planning.

1154
02:03:40,940 --> 02:03:47,780
Okay, yes, yes, I'm both council. Okay, thank you. Thank you, chair and commissioners.

1155
02:03:47,780 --> 02:03:53,260
You're going to try to walk you through that through this brief staff or presentation.

1156
02:03:55,060 --> 02:04:02,520
Again, item before you is an appeal filed by the appellant regarding the department's

1157
02:04:02,520 --> 02:04:13,060
review determination for Billing Permit are in D.L., 2026-004-3 regarding a determination

1158
02:04:13,060 --> 02:04:18,240
of illegal land clearing alteration to an existing tropical

1159
02:04:18,240 --> 02:04:21,060
hardwood hammock conservation easement area.

1160
02:04:26,200 --> 02:04:28,240
Again this is the subject

1161
02:04:28,240 --> 02:04:35,700
parcel is 19 self-bridge lane within ocean reef on the hardwood core

1162
02:04:35,700 --> 02:04:36,200
section.

1163
02:04:43,810 --> 02:04:47,450
So that recorded conservation easement was on approximately

1164
02:04:47,450 --> 02:04:59,730
9,964 square feet of tropical hardwood hammock. The easement was required and is required in order to maintain compliance.

1165
02:05:00,000 --> 02:05:23,760
With the development of the property for single-family residents, and that residents was permitted under building permit number 993-00192. As you can see in the slide, the hatch area is the conservation easement area surrounding the property,

1166
02:05:25,900 --> 02:05:29,920
and there's four little red boxes that you can see.

1167
02:05:30,000 --> 02:05:36,300
those are noted on the recorded sketch as dense vegetation.

1168
02:05:37,660 --> 02:05:39,220
Jay, could you ask you a question?

1169
02:05:40,200 --> 02:05:48,740
When I looked at my black and white staff report page 8, how does that exhibit, but that is partially

1170
02:05:48,740 --> 02:05:53,080
highlighted in yellow and so I can't tell the difference.

1171
02:05:53,080 --> 02:06:15,300
Yeah, so I'll kind of come back to that, but the yellow portion is part of the area that we determined to be potentially disturbed, altered from the natural state, but there's that little sliver of the black and white that you can still see there that's still part of that

1172
02:06:16,600 --> 02:06:19,540
It has not been disturbed.

1173
02:06:21,000 --> 02:06:21,780
Thank you.

1174
02:06:26,720 --> 02:06:39,860
So this is pulled directly from the recorded conservation easement from the time when the easement was recorded in early 2000.

1175
02:06:39,860 --> 02:06:49,120
key restrictions include no removal, trimming or pruning of trees, shrubs or other vegetation,

1176
02:06:50,780 --> 02:06:57,640
no acts that are detrimental to wildlife or wildlife habitat preservation, no pea gravel,

1177
02:06:58,080 --> 02:07:11,760
rock, soil, or other material substances and such manner as to affect surface of the

1178
02:07:11,760 --> 02:07:18,840
No planting of non-native plants, no activities detrimental to flood control, drainage, soil

1179
02:07:18,840 --> 02:07:22,540
conservation, erosion control, or water conservation.

1180
02:07:24,280 --> 02:07:30,500
Additionally, this conservation easement provides that it is perpetual, runs with the land,

1181
02:07:30,680 --> 02:07:34,480
and is binding on all present and subsequent owners.

1182
02:07:38,260 --> 02:08:06,320
So what I'm going to show you next are some images that we're taking in February while I visited the property in an attempt to issue notice of a potential stop work order to be posted with with no environmental restoration of the site if that was the way how they're going to follow.

1183
02:08:08,220 --> 02:08:27,280
What this image, I'm not sure if you can see the tape measure, but the base or the case of the housing of that tape measure is situated approximately at the start of the front property line.

1184
02:08:27,280 --> 02:08:32,960
That's measured 20 feet from the center line of Southbridge Lane

1185
02:08:38,780 --> 02:08:48,340
that little, well, what I'm, my arrow here is playing approximately to the location where that tape measure was.

1186
02:08:49,140 --> 02:08:59,560
And you can see we have sod and ornamentals visible in that picture.

1187
02:09:03,790 --> 02:09:12,550
So this is also the front portion of the conservation easement showing that indicate a large amount of mulch.

1188
02:09:13,730 --> 02:09:14,810
It's a little clear.

1189
02:09:15,070 --> 02:09:18,970
Well obviously clearing and spread within the conservation easement.

1190
02:09:19,870 --> 02:09:30,070
There's non-native ornamentals planted throughout and also some artificial lighting within the easement area.

1191
02:09:34,420 --> 02:09:43,240
Again, this is the front portion of the property kind of close to where my that arrow was depicting

1192
02:09:43,240 --> 02:09:54,300
that's also indicating some non-native ornamental ornamentals, some greenillides that are planted within the easement area.

1193
02:09:58,660 --> 02:09:59,940
So at this slide depicts...

1194
02:10:00,000 --> 02:10:06,600
Is those previous three photos kind of in that general vicinity?

1195
02:10:09,180 --> 02:10:11,540
I can go back, if you like,

1196
02:10:15,300 --> 02:10:19,200
if you need me to go back to the pictures again, please let me know.

1197
02:10:19,600 --> 02:10:22,660
You have a picture. We have a picture in here.

1198
02:10:24,260 --> 02:10:34,680
So now what this photo depicts, again, I'm kind of walking you through the property, the existing

1199
02:10:34,680 --> 02:10:35,340
conditions,

1200
02:10:37,620 --> 02:10:42,400
this is depicting the ease property line on the parcel and this is actually

1201
02:10:42,400 --> 02:10:50,340
considered part of the conservation easement area, this is the easement area directly

1202
02:10:50,340 --> 02:10:52,980
to the east of the driveway.

1203
02:10:53,920 --> 02:10:57,540
And as you can see, the hedge of a non-native vegetation,

1204
02:10:59,340 --> 02:11:02,860
some non-native palms in the background there.

1205
02:11:03,680 --> 02:11:07,460
And ultimately, this area should be

1206
02:11:07,460 --> 02:11:10,200
undisturbed and unaltered, hardwood hammock,

1207
02:11:10,700 --> 02:11:13,960
as is established within the conservation movement.

1208
02:11:17,280 --> 02:11:19,840
So that's approximately the area

1209
02:11:19,840 --> 02:11:23,750
where this photo was taken.

1210
02:11:30,420 --> 02:11:37,920
So this next photo you can see is also portions of the easement

1211
02:11:37,920 --> 02:11:46,340
area that indicates basically all vegetation has been stripped except for including all ground

1212
02:11:46,340 --> 02:11:57,260
cover, there is one native fetch palm to the left-hand side of that photo, and then you

1213
02:11:57,260 --> 02:12:05,880
see that, I believe it's a mango, which is a non-native in the center there, and obviously

1214
02:12:05,880 --> 02:12:10,980
all the pea gravel and devoid of any natural ground cover in the area.

1215
02:12:15,080 --> 02:12:24,220
So, this is continuing down the east property side part of the conservation easement, as well.

1216
02:12:25,020 --> 02:12:25,640
So,

1217
02:12:28,760 --> 02:12:37,520
the photo is basically facing north towards the water,

1218
02:12:39,560 --> 02:12:41,240
towards the rear of the parcel here.

1219
02:12:41,240 --> 02:12:42,120
Again,

1220
02:12:49,990 --> 02:13:02,030
you can see all native vegetation, all ground cover has been removed that part of the conservation easement area,

1221
02:13:04,150 --> 02:13:15,750
and you can see the P gravel, sod, and even the hard escape that's potentially within the conservation easement area.

1222
02:13:15,750 --> 02:13:16,510
So

1223
02:13:28,960 --> 02:13:36,160
this is just illustrating on the the conservation easement sketch of what you what I was just depicting with those photos

1224
02:13:36,160 --> 02:13:37,120
So

1225
02:13:43,000 --> 02:13:49,180
this is still on that east side looking back up at the driveway from the back of property

1226
02:13:49,840 --> 02:13:55,480
Just the different view of those previous three previous photos you were looking at it shows how

1227
02:13:56,380 --> 02:13:58,520
essentially disturbed that area is

1228
02:13:59,740 --> 02:14:01,940
No no habitat present

1229
02:14:16,040 --> 02:14:23,880
So here, these arrows are basically depicting the clearing disturbance shown in the immediate

1230
02:14:23,880 --> 02:14:30,980
photo and I have that little photo symbol facing the way I was looking for clarity.

1231
02:14:40,200 --> 02:14:48,040
And again, this is a view from the east side looking at the rear conservation easement area

1232
02:14:49,120 --> 02:14:59,940
And my thumb is basically the picking right there, where you're viewing, again, the...

1233
02:15:00,210 --> 02:15:11,230
Tropical Hardwood hammock is no longer present in this area. You can see structures, landscape plans, considerable amount of p-rock.

1234
02:15:13,430 --> 02:15:23,710
That's an insum- hedged landscape material in the area that's supposed to be Tropical Hardwood hammock for the easement

1235
02:15:29,150 --> 02:15:32,950
photo of the sketch where we were just viewing.

1236
02:15:36,470 --> 02:15:47,370
So, this is just a aerial for, to look at historic verse, verse fairly current, 2024, verse

1237
02:15:47,370 --> 02:15:48,190
2012.

1238
02:15:49,670 --> 02:15:56,990
Even in the 2012, you can see a more of a, again, we're only looking at canopy in these

1239
02:15:56,990 --> 02:16:03,750
aerial photos, but more of a robust tree canopy surrounding the single-family residents,

1240
02:16:03,750 --> 02:16:13,950
20-24 aerial, you can kind of clearly see and what's depicted in the red areas that may

1241
02:16:13,950 --> 02:16:20,590
have been thin, altered, or trimmed, degrading the hammock conservation easement area.

1242
02:16:22,810 --> 02:16:29,610
And then the ground truth observation shown in previous slides established clear evidence

1243
02:16:29,610 --> 02:16:33,830
of land clearing and alteration of the conservation easement area?

1244
02:16:37,840 --> 02:16:38,520
Can you take Janks?

1245
02:16:39,700 --> 02:16:41,300
You go back to the photo a second.

1246
02:16:42,360 --> 02:16:50,080
I know that when you, the photograph you had with the tape showing your cross from a property

1247
02:16:50,080 --> 02:17:00,780
line and showing them the graphic that shows where the conservation area is when I look at

1248
02:17:02,540 --> 02:17:09,220
2012 to the left. It appears back in 2012 and it's kind of hard to tell, but it looks

1249
02:17:12,140 --> 02:17:17,800
like there's maybe coconut palms and sod already there and 12. Is that correct?

1250
02:17:19,340 --> 02:17:28,460
I think I believe you can see palms there that's likely, yeah, right in the front there.

1251
02:17:28,460 --> 02:17:35,820
It's unclear whether or not those are on the property line or in the private right away easement.

1252
02:17:35,820 --> 02:17:36,280
Okay.

1253
02:17:36,640 --> 02:17:37,740
Southbridge Lane.

1254
02:17:40,390 --> 02:17:40,890
Thank you.

1255
02:17:41,030 --> 02:17:42,470
Is that okay to move on?

1256
02:17:42,650 --> 02:17:43,510
Thank you.

1257
02:17:43,710 --> 02:17:43,930
Yes, sir.

1258
02:17:47,450 --> 02:17:47,590
All right.

1259
02:17:47,950 --> 02:17:51,790
So I guess this is how we got to where we are.

1260
02:17:53,130 --> 02:17:59,110
The parcel owners applied for an interior remodel permit in April of 2025.

1261
02:17:59,110 --> 02:18:06,250
The owner's 2025 interior model permit underwent a compliance review with planning and environmental

1262
02:18:06,250 --> 02:18:14,790
resource department. I issued the April 2025 permit a failed determination and cited disturbance

1263
02:18:14,790 --> 02:18:19,850
and scarification of the parcels tropical hardwood hammock conservation easement.

1264
02:18:21,950 --> 02:18:22,960
Despite the

1265
02:18:22,960 --> 02:18:26,520
The opportunity to file an appeal, no appeal was filed,

1266
02:18:28,740 --> 02:18:31,740
about a year later, the owners applied

1267
02:18:31,740 --> 02:18:37,200
for another interior remodel permit in January of 2026.

1268
02:18:38,640 --> 02:18:45,120
As noted in the professional staff report, the owners 2025 permit and the owners 2026

1269
02:18:45,120 --> 02:18:51,680
permit share the exact same scope of work, or for the exact same property and use the exact

1270
02:18:51,680 --> 02:18:52,980
same contractor.

1271
02:18:58,810 --> 02:19:16,750
Owners 2026 permit, likewise, Underway Compliance Review, and received the exact same fail determination that was provided with my failed determination for the permit of April 2025.

1272
02:19:26,990 --> 02:19:44,710
So we made multiple attempts to work with cooperatively with the contractor, again, the owners, to remedy the violations.

1273
02:19:45,390 --> 02:19:54,370
Um, verbally communicated with the contractor up to at least half a dozen times regarding the violations.

1274
02:19:56,070 --> 02:19:58,910
Um, and an opportunity how they could be resolved.

1275
02:19:59,110 --> 02:19:59,970
In that first book.

1276
02:20:00,000 --> 02:20:09,920
The three to six times you spoke, was that in reference to the 2025 or all of the above since the first and then the second?

1277
02:20:11,080 --> 02:20:13,540
So that it was the same contractor.

1278
02:20:15,760 --> 02:20:29,400
We communicated both for the 2025 and, again, for the 2026. So I'm looking back. It's probably, yeah, at least three to six times for both combined.

1279
02:20:29,400 --> 02:20:30,460
Thank you.

1280
02:20:34,080 --> 02:20:45,020
So apart from that, I also met the owner's contractor on site, both during the 2025 and attempted

1281
02:20:45,020 --> 02:20:47,220
the 2026 bill.

1282
02:20:49,340 --> 02:20:57,380
And then on, even on February 26 of this year, the department senior director, Mr. Tolbin,

1283
02:20:57,380 --> 02:21:04,680
and the department's assistant director, Mr. Roberts, spoke with another agent of the owners

1284
02:21:04,680 --> 02:21:11,400
to offer relevant details and information to help them pursue voluntary compliance.

1285
02:21:15,630 --> 02:21:22,590
And basically, what was expressed to them, voluntary restoration to avoid any

1286
02:21:22,590 --> 02:21:26,610
code compliance issues with the property,

1287
02:21:31,110 --> 02:21:34,030
and then, and then even we communicated that

1288
02:21:34,030 --> 02:21:41,170
the twenty twenty six interior model permit could be issued if they applied and were

1289
02:21:41,170 --> 02:21:47,050
issued a relevant restoration permit for the tropical hardwood hammock.

1290
02:21:57,900 --> 02:21:59,340
So that attempt to

1291
02:21:59,340 --> 02:22:03,660
the situation was unfruitful.

1292
02:22:05,940 --> 02:22:11,260
So a stop work order was issued as mandated by our land

1293
02:22:11,260 --> 02:22:19,140
development code section 11811 and as you can see on the screen those are copies of the

1294
02:22:19,140 --> 02:22:21,280
posted stop work order.

1295
02:22:28,890 --> 02:22:32,370
The owners were charged with violations of land development

1296
02:22:32,370 --> 02:22:43,070
code sections, 1-183, 1-189A, and section 1-189D, and with violating permanent conditions

1297
02:22:43,070 --> 02:22:51,750
associated with the residential single family, residents permit, 993, 00192.

1298
02:22:53,840 --> 02:23:00,540
The stop work order was not appealed nor were any of the departments, determinations, charging

1299
02:23:00,540 --> 02:23:12,600
the owners with violations of the code sections, 1-183, 1-189A, 1-189D, or with the violation

1300
02:23:12,600 --> 02:23:20,760
of the permit conditions, a session with the permit 993-00192, 8-the single-family residence

1301
02:23:20,760 --> 02:23:21,260
permit.

1302
02:23:32,230 --> 02:23:40,210
This stop work order further indicates that a co-compliance department case has been initiated

1303
02:23:40,210 --> 02:23:42,430
for for the subject property.

1304
02:23:53,270 --> 02:23:59,070
So section 1-183 provides that, I'm sorry,

1305
02:24:02,770 --> 02:24:05,530
1-183 provides

1306
02:24:06,210 --> 02:24:22,510
the administration and compliance of our environmental development regulations for Hammock

1307
02:24:22,510 --> 02:24:32,390
family residents, permit, and the CO for the House on the subject parcel, further 1-189-A states

1308
02:24:32,390 --> 02:24:39,210
that the Upland Native Vegetation, which in this case is the Tropical Hardwood Hammock Habitat,

1309
02:24:40,670 --> 02:24:46,370
shall not be cleared or disturbed and shall be protected by a conservation easement that runs

1310
02:24:46,370 --> 02:24:49,290
with the land and favor of Monroe County.

1311
02:24:51,010 --> 02:24:58,650
1-18-9D provides that the clearing limit of upland native vegetation is for properties

1312
02:24:58,650 --> 02:24:59,950
within Ocean Reef is...

1313
02:25:00,000 --> 02:25:03,260
Limited to a maximum of 40%.

1314
02:25:12,120 --> 02:25:22,700
These are the permit conditions associated with the single-family residence permit 993-00192.

1315
02:25:26,270 --> 02:25:35,970
So, as you can see, what I've highlighted here, it imposes what's required to be placed within the conservation easement and the maximum clearing,

1316
02:25:35,970 --> 02:25:50,210
which the maximum clearing for the single-family residence was max out with that permit, so all remaining open space was to be placed in the easement area.

1317
02:26:04,320 --> 02:26:18,480
So, 118, 11A is our code section regarding illegal land clearing and restoration, illegal

1318
02:26:18,480 --> 02:26:25,060
land clearing requires a stop work order and the initiation of a code compliance case.

1319
02:26:25,800 --> 02:26:32,760
Section 118, 11A also states that the stop work order shall remain in effect and that no permitting

1320
02:26:32,760 --> 02:26:40,900
process shall continue except for processing and environmental restoration permit until the

1321
02:26:40,900 --> 02:26:43,060
legal land clearing is first corrected

1322
02:26:45,690 --> 02:26:51,570
which in this case would be the passing of a restoration

1323
02:26:51,570 --> 02:26:52,990
permit inspection.

1324
02:26:59,200 --> 02:27:04,940
Section 118B sets force the process for how to achieve compliance with

1325
02:27:04,940 --> 02:27:09,260
in a legal, land clearing violation, like I just stated.

1326
02:27:10,620 --> 02:27:16,080
The owners would be required to obtain a restoration permit

1327
02:27:16,080 --> 02:27:22,380
for the hammock area as mandated by this code section.

1328
02:27:31,530 --> 02:27:40,640
So development code section 102-185A and section 102-185C,

1329
02:27:40,640 --> 02:27:48,060
speak for themselves, my issued failed determination of the Pellon's April 25,

1330
02:27:49,240 --> 02:27:56,940
interior remodel permit application was provided in April of 2025 and never appealed.

1331
02:27:58,080 --> 02:28:05,800
The owners then nearly a year later submitted an identical interior remodel permit application

1332
02:28:05,800 --> 02:28:16,100
in January of 2026, which again for the exact same property using the same contractor and the exact

1333
02:28:16,100 --> 02:28:24,840
scope of work that was in the April 2025 permit. So I simply re-provided the exact same failed

1334
02:28:24,840 --> 02:28:30,880
determination that I provided to the owners and their contractor in April of 2025.

1335
02:28:38,610 --> 02:28:39,210
So it's with

1336
02:28:39,210 --> 02:28:47,370
that the department's position is that this appeal is jurisdictionally untimely the department's

1337
02:28:47,370 --> 02:28:54,050
failed determination on the owner's April 2025 remodel permit application was provided

1338
02:28:54,050 --> 02:29:01,230
at April 2025 and was never appealed. Almost a year later the owner submitted the identical

1339
02:29:01,230 --> 02:29:08,650
permit application in January of 2026 for the same parcel using the same contractor and for

1340
02:29:08,650 --> 02:29:18,150
identical scope of work and subsequently I re-provided the same departments same failed

1341
02:29:18,150 --> 02:29:23,210
determination that had already been provided in April of 2025.

1342
02:29:25,430 --> 02:29:32,510
The department's position is also that our failed determination is supported by the adopted

1343
02:29:32,510 --> 02:29:42,370
land development code, particularly sections 118, 11A, 118, 11A directs the

1344
02:29:42,370 --> 02:29:52,340
department to take actions that we have taken to this point. So we feel we're

1345
02:29:54,020 --> 02:29:57,780
correct in terms of the merits of this.

1346
02:30:00,000 --> 02:30:07,280
With that, I can feel any questions you have at this time. Thank you.

1347
02:30:10,960 --> 02:30:11,740
Commissioners?

1348
02:30:13,700 --> 02:30:22,320
I guess what? Jay, what prompted the site visit the biological review site visit?

1349
02:30:22,480 --> 02:30:28,840
I guess now. It was just that you happened to notice the 2018 file.

1350
02:30:29,520 --> 02:30:30,080
Yes.

1351
02:30:30,560 --> 02:30:38,240
So you're currently doing your permit. Correct. Okay. So you saw the note from the 2018 doing the

1352
02:30:38,240 --> 02:30:44,480
permit review. You saw the note that there's this failed. That's actually because there was

1353
02:30:44,480 --> 02:30:51,060
illegal land clearing. And so you went out to see if that was rectified. Correct. Found it. It wasn't.

1354
02:30:52,180 --> 02:30:57,980
When out there with the contractor found that the condition had not changed, was not rectified.

1355
02:30:57,980 --> 02:31:00,660
And that one went to the field.

1356
02:31:01,280 --> 02:31:04,140
And the contractor asked you to come to the property?

1357
02:31:05,260 --> 02:31:05,780
Yes.

1358
02:31:15,130 --> 02:31:21,350
If I could, this is very involved.

1359
02:31:22,230 --> 02:31:28,530
And I understand the positive side of county government.

1360
02:31:29,330 --> 02:31:32,410
The idea is to get compliance.

1361
02:31:33,110 --> 02:31:35,010
once we find the violation.

1362
02:31:37,260 --> 02:31:40,880
In 2025, I can see there was

1363
02:31:40,880 --> 02:31:45,180
tensile, you said in a three to six times initially, then later on in

1364
02:31:45,180 --> 02:31:57,380
2026, we had the staff meet with the applicant and attempt to resolve this.

1365
02:31:57,380 --> 02:32:07,980
So how much we miss you so why when this non-compliance was discovered back in 2025 or

1366
02:32:07,980 --> 02:32:12,300
would this take the 2025 issue to permit was denied?

1367
02:32:13,280 --> 02:32:23,260
Why wasn't there a code compliance case issued for rectifying the situation that was thought

1368
02:32:23,260 --> 02:32:24,620
to be non-compliance?

1369
02:32:25,340 --> 02:32:53,060
So I believe in the staff report, even detailed, we go above and beyond to try to avoid the situation of a co-compliance and look for voluntary compliance with the property owners, with the applicants, and lieu of a set directly just jump and straight to a co-compliance case.

1370
02:32:54,640 --> 02:32:55,240
So,

1371
02:32:57,740 --> 02:33:05,900
that was the reason the fail was issued in 2025, subsequently, same thing in 2016.

1372
02:33:07,320 --> 02:33:08,680
Yeah, I appreciate that.

1373
02:33:09,000 --> 02:33:17,600
I obviously could tell that there were attempts to work it out, but as I said in this commission,

1374
02:33:17,600 --> 02:33:28,180
go forward and it's been known that I know we go over we go the extra mile I'll say and for

1375
02:33:28,180 --> 02:33:36,660
some people who doesn't work I know Devon knows a couple cases where I shake my head and I can

1376
02:33:36,660 --> 02:33:51,460
see then from a curious from a legal standpoint, how we permit is denied and the appeal window

1377
02:33:51,460 --> 02:34:01,820
is closed and then is a technique for everyone to understand, well, just put in another

1378
02:34:01,820 --> 02:34:04,720
permit for the same thing, and then we're going to open another window for an appeal.

1379
02:34:05,540 --> 02:34:11,220
I mean, seems strange to me, because the bottom line to me is, I don't know what we're

1380
02:34:11,220 --> 02:34:12,380
doing here.

1381
02:34:12,600 --> 02:34:21,080
I mean, it's far as, and again, I take that as the county, in this case, the commission

1382
02:34:21,080 --> 02:34:31,540
working towards the ultimate goal of the county government is to comply with, with the

1383
02:34:31,540 --> 02:34:40,060
to get compliance and the least painful way possible. But I see that I'm taken back by this.

1384
02:34:40,060 --> 02:34:45,900
I don't think I can remember a case where we had a building permit that was shut down.

1385
02:34:46,080 --> 02:34:53,320
It was not compliance discovered a year later. How do we potentially open the window again?

1386
02:34:53,520 --> 02:34:59,940
Put in basically a very similar same permit and then get it denied again. It's like cutting off.

1387
02:35:03,400 --> 02:35:29,980
I don't understand. Again, we're here and then it appears that, is it from what I've read a couple times the second appeal window was that? This is appeal within the window because I think it was May and then the appeal was this appeal filed in a timely fashion.

1388
02:35:29,980 --> 02:35:37,320
considering that the second permit was put in, I didn't think it was.

1389
02:35:40,480 --> 02:35:41,260
Is that to me?

1390
02:35:42,260 --> 02:35:43,480
How about it?

1391
02:35:43,560 --> 02:35:44,820
Anybody wearing it?

1392
02:35:44,840 --> 02:35:46,080
It was fast to bark in the answer.

1393
02:35:46,260 --> 02:35:47,320
Anybody wearing a tie?

1394
02:35:49,680 --> 02:35:52,200
You're asking if, let me clarify the question.

1395
02:35:52,320 --> 02:35:55,840
You're asking if you can reopen a window on something that's already been closed?

1396
02:35:56,760 --> 02:36:06,740
I mean, is that basically, once the appeal time for the 2025 has been closed, can you re-open it by doing the same thing?

1397
02:36:06,800 --> 02:36:12,020
If you determine, and that's a factual determination for you guys, by doing the exact same thing a second time,

1398
02:36:12,080 --> 02:36:13,740
and that's a principle called race due to Kata.

1399
02:36:14,780 --> 02:36:16,480
And that means a thing already decided.

1400
02:36:18,580 --> 02:36:21,460
So in legal parlance, the door closes.

1401
02:36:21,460 --> 02:36:25,700
And I was going to say, he's asking me for...

1402
02:36:25,700 --> 02:36:29,760
No, I said, factually he's going to have an opportunity to determine.

1403
02:36:30,120 --> 02:36:31,920
But if you're strictly basing it upon,

1404
02:36:32,240 --> 02:36:34,820
did the same thing get decided once,

1405
02:36:35,120 --> 02:36:37,680
and then attempted to reopen a second time,

1406
02:36:37,960 --> 02:36:39,200
absent any other considerations,

1407
02:36:39,400 --> 02:36:41,300
it's called race to you to kind of the thing already decided.

1408
02:36:42,640 --> 02:36:44,560
So in legal parlance,

1409
02:36:44,840 --> 02:36:46,120
the door shuts, it doesn't reopen.

1410
02:36:46,120 --> 02:36:52,680
And I can appreciate learning from our councils over the years I've been here.

1411
02:36:52,880 --> 02:37:03,940
We try to work with the person that is subject to the non-compliance, to the point that we're

1412
02:37:03,940 --> 02:37:04,720
here today.

1413
02:37:05,080 --> 02:37:12,380
And I know Mr. Smith and Alp Kim will present the case of the rational behind this.

1414
02:37:12,380 --> 02:37:19,340
But I start after I read this, I suppose the Mr. Smith and then I went home and I got my package

1415
02:37:19,340 --> 02:37:25,360
and went through this actually two or three times trying to put it together and say I appreciate

1416
02:37:25,360 --> 02:37:34,220
the time you've taken to walk through it, I'm kind of taking back by the level of non-compliance

1417
02:37:34,220 --> 02:37:46,500
And that we just got to this red tag, and the bottom line is, and I think there was a window,

1418
02:37:46,780 --> 02:37:52,760
that you said, hey, if you would apply for a mitigation or a way ahead to correct the

1419
02:37:52,760 --> 02:37:57,620
action and permit for this kitchen could have gone forward possibly.

1420
02:37:58,220 --> 02:37:58,680
So,

1421
02:38:01,120 --> 02:38:07,620
that's just some of my comments, this is, this is, I'm really taking back by this particular item's form.

1422
02:38:08,400 --> 02:38:10,960
And nobody else has any questions we'll go on to the applicant.

1423
02:38:11,900 --> 02:38:13,680
The, the appellate, yeah.

1424
02:38:15,590 --> 02:38:18,790
I did have one more question for staff before we hear from Bart.

1425
02:38:18,790 --> 02:38:28,970
the site visit performance on August 8th, 2018 that found that the conservation easement was in violation.

1426
02:38:29,710 --> 02:38:32,350
That is just a drop of ball we're saying.

1427
02:38:34,720 --> 02:38:36,900
Why there wasn't a referral to code?

1428
02:38:37,340 --> 02:38:37,480
Yeah.

1429
02:38:37,620 --> 02:38:40,680
Or why wasn't there action on the main department then?

1430
02:38:41,360 --> 02:38:42,200
I can't give you.

1431
02:38:42,240 --> 02:38:44,060
Can they can't look into your crystal ball?

1432
02:38:44,180 --> 02:38:44,560
I can't.

1433
02:38:44,560 --> 02:38:52,460
What I can say in terms of, you know, the legal dimensions of that is, you know, the county does retain

1434
02:38:52,460 --> 02:38:57,000
and it's evergreen floor to law that local governments retain prosecutorial discretion.

1435
02:38:57,680 --> 02:39:03,780
Okay. So kind of like the state attorney, state attorney can decide whether or not to pursue criminal prosecution,

1436
02:39:04,780 --> 02:39:12,200
the county, the code compliance department decides in the exercise of discretion when to engage in civil prosecution.

1437
02:39:12,780 --> 02:39:18,240
And so that's really just a matter of decision that's discretionary to the code compliance

1438
02:39:18,240 --> 02:39:21,980
director with coordination from planning if necessary.

1439
02:39:22,220 --> 02:39:22,840
All right.

1440
02:39:23,120 --> 02:39:25,940
And then subsequently we issued a couple other permits.

1441
02:39:26,260 --> 02:39:32,300
But without notice to that field inspection and J happened to find that.

1442
02:39:32,480 --> 02:39:34,320
And that's why we are where we are.

1443
02:39:34,820 --> 02:39:35,820
Yeah, and I would only come.

1444
02:39:35,880 --> 02:39:37,660
Trying to figure out the timeline in my head, guys.

1445
02:39:37,720 --> 02:39:39,600
And I would only caveat that, you know,

1446
02:39:39,600 --> 02:39:46,180
While the Code Compliance Department, the county can exercise prosecutorial discretion with regard

1447
02:39:46,180 --> 02:39:52,280
to the sort of separate and distinct question of whether or not to simply prosecute before

1448
02:39:52,280 --> 02:39:58,660
the Code Compliance Special Magistrate, that in my view, the Department made its position clear

1449
02:39:58,660 --> 02:39:59,960
that there was a violation.

1450
02:40:00,000 --> 02:40:07,220
When it failed the permit and issued the determination, the adverse re-indetermination that there was

1451
02:40:07,220 --> 02:40:13,200
unlawful clearing of at least the apparent frontage of the conservation easing probably visible in death.

1452
02:40:14,240 --> 02:40:15,540
I can't go north of the gate.

1453
02:40:15,680 --> 02:40:19,160
Well, that kind of makes sense too, because we've always said that the planning department in

1454
02:40:19,160 --> 02:40:27,340
co-compliance or two, it's two separate buckets, you know, they don't typically interact

1455
02:40:27,340 --> 02:40:32,840
to hold on, unless you actually have to step it up to that degree.

1456
02:40:33,680 --> 02:40:38,460
Yeah, I mean, compliance can be achieved through lawful coercion, which is prosecution,

1457
02:40:39,140 --> 02:40:42,020
through failing a permit or suspending permitting privileges.

1458
02:40:42,340 --> 02:40:48,420
There are a lot of different tools that are available to local governments, but in my view,

1459
02:40:48,640 --> 02:40:53,140
there's no reasonable reliance on the fact that maybe you're not being civilly prosecuted,

1460
02:40:53,140 --> 02:40:55,440
but you've been told by another arm of the same government

1461
02:40:55,440 --> 02:40:58,200
that there is an illegality on your parcel.

1462
02:40:58,620 --> 02:41:00,320
God, that's my view.

1463
02:41:00,420 --> 02:41:01,720
The departments view.

1464
02:41:02,320 --> 02:41:03,820
I'll do a little bit of something to share from Bart.

1465
02:41:04,360 --> 02:41:07,940
You know, this for clarification from me,

1466
02:41:07,940 --> 02:41:11,280
I know back in August of 18, I guess it put in for a permit

1467
02:41:11,280 --> 02:41:13,020
that was denied.

1468
02:41:15,820 --> 02:41:18,740
Was there non-compliance noticed back in 18?

1469
02:41:18,740 --> 02:41:25,320
was it to twenty twenty five. There there was in twenty eighteen as well. I believe it was with

1470
02:41:25,320 --> 02:41:32,340
a application for a paper permit. I think it was helpful. Like cart path or something. There were

1471
02:41:32,340 --> 02:41:42,840
multiple, multiple communications between the applicant, resumitting and then as re-reviewing and we

1472
02:41:42,840 --> 02:41:49,820
You know, try to give opportunity to resolve to potentially get a path through what we call

1473
02:41:49,820 --> 02:41:58,680
a corrective conservation easement where if they had the availability to clear for additional

1474
02:41:58,680 --> 02:42:04,920
pavers or whatever, they would just have to re-align their conservation easement or put

1475
02:42:04,920 --> 02:42:10,980
different areas of it in, but, you know, they essentially had already maxed out that footprint

1476
02:42:10,980 --> 02:42:12,880
of allowable development.

1477
02:42:14,340 --> 02:42:18,180
You know, I see that and to commissioner Scarpelli's point.

1478
02:42:18,500 --> 02:42:20,580
I mean, I see what was windows and doors

1479
02:42:20,580 --> 02:42:24,160
from it that slipped through and then a roofing one.

1480
02:42:25,120 --> 02:42:28,420
Maybe with a AI now that will happen.

1481
02:42:28,700 --> 02:42:29,200
I don't know.

1482
02:42:29,420 --> 02:42:31,150
But we could hear from the appellant.

1483
02:42:46,600 --> 02:42:49,840
Mass on behalf of the applicant Brian Plattner,

1484
02:42:49,940 --> 02:42:52,660
Beverly Plattner, for the pallet apologize.

1485
02:42:53,640 --> 02:43:01,160
Before I get a stark as this is an appeal in some of the statements made by Mr. Burmese,

1486
02:43:01,160 --> 02:43:04,540
I just have some follow-up questions I need to just need to have them confirm.

1487
02:43:05,200 --> 02:43:08,700
I think you can probably set, you know, microphone over there, correct.

1488
02:43:21,110 --> 02:43:26,930
So this appeal is filed in March 4th, 2020, 6th, are you aware of that?

1489
02:43:30,230 --> 02:43:30,450
Yes.

1490
02:43:30,450 --> 02:43:37,170
Yes, okay. The stop work order that you served on the house was filed in March 9,

1491
02:43:37,730 --> 02:43:41,050
2026 after the appeal was filed, correct?

1492
02:43:44,850 --> 02:43:45,530
Yes, that's correct.

1493
02:43:47,460 --> 02:43:51,840
So at the time that they applied for the permit, you failed it. There was no stop work order

1494
02:43:51,840 --> 02:43:52,480
in effect.

1495
02:44:00,620 --> 02:44:10,780
That's correct. Okay, stated that the determination, the permit was failed based

1496
02:44:10,780 --> 02:44:15,420
of determination of planning. That was your determination, correct?

1497
02:44:18,950 --> 02:44:20,270
I'm sorry, can you?

1498
02:44:20,270 --> 02:44:29,190
I mean, was it devintopen the planning directors determination or was it your determination as a principal planner?

1499
02:44:31,250 --> 02:44:32,310
I believe it's one moment.

1500
02:44:32,450 --> 02:44:33,370
It's just one moment.

1501
02:44:33,690 --> 02:44:35,590
His title is Principal Environmental Planner.

1502
02:44:35,930 --> 02:44:36,490
I apologize.

1503
02:44:38,130 --> 02:44:39,850
Can you just clarify that, please?

1504
02:44:39,850 --> 02:44:52,490
Well, the failed determination stated that the failed to appeal was that and determination made by the planning director by you as a principal environmental planner.

1505
02:44:58,050 --> 02:44:59,950
I failed the bill.

1506
02:45:00,000 --> 02:45:17,480
All right, and did you put in writing when you failed that determination that this is a final determination of the planning and environmental resource department, and that this is a final determination subject to appeal and you have 30 days to appeal?

1507
02:45:17,480 --> 02:45:27,400
If I could, I just want to feel comfortable about this, speaking to our councils, is this type of questioning of staff appropriate?

1508
02:45:28,140 --> 02:45:33,140
It's a quasi-genital proceeding. We have the right and opportunity to cross the council.

1509
02:45:35,280 --> 02:45:44,800
Under our rules, and I can point you to the rule. There is cross-examination allowed. You do have the ability to limit it to things that you determine or relevant.

1510
02:45:44,800 --> 02:45:49,060
in other words, if it's something not relevant, you can say, okay, let's move back into the

1511
02:45:49,060 --> 02:45:55,720
lane of relevance, but yes. Anyone who testifies absolutely can be crossed. Thank you very much.

1512
02:45:56,200 --> 02:46:02,640
Continue, Lauren. Okay, so did you send a written notice that it was a final determination,

1513
02:46:03,460 --> 02:46:08,840
and that they had 30 days to do appeal, the final determination of planning and environmental

1514
02:46:08,840 --> 02:46:09,460
resource.

1515
02:46:14,580 --> 02:46:20,560
That's in our land development code. Did you send a written notice that

1516
02:46:20,560 --> 02:46:24,440
stated that it was a final determination and they had 30 days to appeal?

1517
02:46:31,320 --> 02:46:31,800
So, yes,

1518
02:46:31,900 --> 02:46:36,420
or no question? I think we can stipulate that the documents in the professional staff

1519
02:46:36,420 --> 02:46:42,360
report that you're referring to say what they do and that. So, the record of the question

1520
02:46:42,360 --> 02:46:46,260
was nothing. And that the relevant language is in the land development code is the

1521
02:46:46,260 --> 02:46:55,040
to Brands Week State. So a building permit that is online that says failed by a dozen states,

1522
02:46:55,040 --> 02:46:59,580
it's a final determination of the planning and environmental resource department correct.

1523
02:47:01,440 --> 02:47:06,980
I'd lost you there. Could you please repeat that? Well, how was this failed determination

1524
02:47:06,980 --> 02:47:09,200
It's provided to the applicant.

1525
02:47:12,830 --> 02:47:23,090
A failed determination is resulted in our permitting software and is subsequently at

1526
02:47:23,090 --> 02:47:27,210
the end of each cycle emailed to the applicant of the.

1527
02:47:27,210 --> 02:47:32,030
It doesn't say that it's a final determination of planning the environmental resource department

1528
02:47:32,030 --> 02:47:34,170
and that you have 30 days to peel.

1529
02:47:38,970 --> 02:47:43,210
I'm not aware of that language precisely.

1530
02:47:44,610 --> 02:47:48,910
So, so that language doesn't exist.

1531
02:48:00,230 --> 02:48:02,370
Let's go to the staff work or the staff work

1532
02:48:02,370 --> 02:48:10,050
or the issue March 9th, 2016 after you got the appeal from Smith Hawks of Agents for

1533
02:48:10,050 --> 02:48:15,570
Mr. Platner, correct? Yes. Did you provide that to the Platner's agent?

1534
02:48:19,770 --> 02:48:20,950
The staff work

1535
02:48:20,950 --> 02:48:23,330
order was posted at the property.

1536
02:48:24,290 --> 02:48:27,210
Did you provide it in writing to the applicant?

1537
02:48:32,400 --> 02:48:35,040
It was in writing and posted on the property.

1538
02:48:36,260 --> 02:48:38,440
Did you provide it to their agent that you

1539
02:48:38,440 --> 02:48:39,540
are on notice of?

1540
02:48:45,050 --> 02:48:46,110
Don't recall exactly.

1541
02:48:48,350 --> 02:48:49,630
The answer is no.

1542
02:48:50,010 --> 02:48:50,610
You do not.

1543
02:48:51,230 --> 02:48:53,290
Are you aware that on March 11th,

1544
02:48:53,310 --> 02:48:56,090
we requested any documentation of stop work

1545
02:48:56,090 --> 02:48:57,350
or as a co-compliant?

1546
02:48:59,910 --> 02:49:01,150
Are you aware that we were not

1547
02:49:01,150 --> 02:49:07,430
provided any documentation of a staff or a code compliance case.

1548
02:49:07,910 --> 02:49:07,950
No.

1549
02:49:10,220 --> 02:49:14,080
Is there currently an active code compliance case that they've been served?

1550
02:49:22,370 --> 02:49:26,790
There was an incident report created by our code compliance department.

1551
02:49:27,770 --> 02:49:30,670
You filed an incident report with code compliance correct?

1552
02:49:32,800 --> 02:49:37,060
I've provided communication to code compliance and they initiated a report.

1553
02:49:37,400 --> 02:49:40,520
There is not an active code compliance case isn't that true?

1554
02:49:46,640 --> 02:49:54,200
certain of the status of the compliance there is no act of code compliance case I'm gonna

1555
02:49:54,200 --> 02:49:59,400
object the questions have been asked in the answer to I know we're all amped up here but

1556
02:50:00,000 --> 02:50:18,880
I'm just trying to get the facts out. So, let's go forward then. Are you aware that on June 11th, our office again requested any records of a stop record or a coke compliance case from the county? And to that, we still have not received a copy of that stop record or any of the coke compliance documents.

1557
02:50:21,810 --> 02:50:22,730
I am not.

1558
02:50:31,910 --> 02:50:35,670
Mr. Plant, I just want you to come up here. I just have a couple of questions. I would like to ask you.

1559
02:50:35,670 --> 02:50:37,390
If you can pull up a couple slides,

1560
02:50:37,930 --> 02:50:38,930
I say, oh, they're already up there.

1561
02:50:38,970 --> 02:50:40,370
Look at that.

1562
02:50:40,530 --> 02:50:42,430
Mr. Platner, I'm gonna grab this microphone

1563
02:50:42,430 --> 02:50:44,270
so you can speak into this one.

1564
02:50:49,380 --> 02:50:52,720
Check, check, check, check, check, check, who has that?

1565
02:50:52,940 --> 02:50:54,580
I can make things work.

1566
02:50:54,600 --> 02:50:56,500
What do you, stay in there.

1567
02:51:01,470 --> 02:51:03,390
Mr. Platner, please stay in the name for the record.

1568
02:51:05,110 --> 02:51:06,030
Where I am, Platner.

1569
02:51:07,390 --> 02:51:07,730
All right.

1570
02:51:08,390 --> 02:51:11,310
Are you the current owner of 19 Southbridge Lane?

1571
02:51:11,310 --> 02:51:13,650
I'm calling her with my wife.

1572
02:51:13,830 --> 02:51:15,670
All right, how long have you all the housework?

1573
02:51:17,760 --> 02:51:18,320
Approximately.

1574
02:51:18,900 --> 02:51:22,480
I did two or three years, like I remember for just 23.

1575
02:51:22,820 --> 02:51:25,160
I wasn't just 24, we bought that house.

1576
02:51:25,560 --> 02:51:25,920
Okay.

1577
02:51:26,580 --> 02:51:29,900
And so before this house, do you know who the prior order was?

1578
02:51:30,820 --> 02:51:32,080
No, no, I did not.

1579
02:51:32,200 --> 02:51:36,260
My son's trust and my son on the house.

1580
02:51:36,440 --> 02:51:40,720
Okay, so you did not own the house under a trust previously?

1581
02:51:40,720 --> 02:51:50,520
No, no, it was an irrevocable trust. So it was between him and his trustee to purchase the house, so it's his house in his trust in his name.

1582
02:51:50,860 --> 02:51:57,920
All right, so back in the period of 2018, were you and all involved in the ownership of this home?

1583
02:51:58,160 --> 02:51:59,160
Absolutely, no.

1584
02:52:00,220 --> 02:52:05,300
Okay, I'm wrong. What time frame did your son acquire the house if you know?

1585
02:52:05,880 --> 02:52:08,100
I believe he bought the house in 2013.

1586
02:52:08,520 --> 02:52:14,500
Okay, and so when he bought the house in 2013, did you go with him to the house prior to that date?

1587
02:52:15,560 --> 02:52:19,800
I'm sorry, well, Dan, did you visit the house when he was looking at the house back prior to that date?

1588
02:52:20,080 --> 02:52:26,120
Oh, of course, yeah, we were involved in selecting the house as soon as she was from.

1589
02:52:26,740 --> 02:52:30,180
Okay, I'm showing you some photos. Do you recognize these photos?

1590
02:52:31,060 --> 02:52:36,480
Yes, I do. Okay, what are these photos? These are photos of the property.

1591
02:52:41,900 --> 02:52:44,260
I'm just going to make one objection.

1592
02:52:45,300 --> 02:52:50,820
I believe these photos were submitted in under the 10-day requirement under I believe

1593
02:52:50,820 --> 02:52:54,380
it's rule one of the planning commissions adopted rules of procedure.

1594
02:52:56,180 --> 02:53:02,520
I believe that a majority vote to let the untimely photos in is required under the established

1595
02:53:02,520 --> 02:53:06,320
rules, I'll defer to the General Council, the Planning Commission on that.

1596
02:53:06,800 --> 02:53:08,200
This rule is not new.

1597
02:53:08,480 --> 02:53:10,580
It's a bit exacerbating to see them come in.

1598
02:53:10,640 --> 02:53:16,340
Yes, and if I may, so we receive their staff report within the ten-day time frame and immediately

1599
02:53:16,340 --> 02:53:21,940
upon reviewing the folks that were included in the staff report, recognize that the photos

1600
02:53:21,940 --> 02:53:27,480
that were taken by Mr. Burwenzi, which were not even with permission to be on the property

1601
02:53:27,480 --> 02:53:31,280
from my client in February, reflected these exact same condition.

1602
02:53:31,280 --> 02:53:38,220
it was in November 2012, so we wanted to make sure that it was made clear that the

1603
02:53:38,220 --> 02:53:40,780
properties existed that way since at least 2012.

1604
02:53:41,220 --> 02:53:45,240
When was the house permanent in the conservation of the Mediterranean?

1605
02:53:45,340 --> 02:53:47,920
I think between 1999 and 2001.

1606
02:53:48,280 --> 02:53:52,680
Okay, so the conservation of the Mediterranean is being placed since 2001 and now since 2012.

1607
02:53:53,360 --> 02:53:57,320
I'd like to ask a question, how can I be sure that these were taken at the time?

1608
02:53:57,320 --> 02:53:59,620
There were times saved.

1609
02:54:00,480 --> 02:54:02,440
We don't have that, but whether.

1610
02:54:02,500 --> 02:54:03,160
I don't see anything.

1611
02:54:04,320 --> 02:54:08,940
And Mr. Mr. Platter can testify that he actually took the photos at that time.

1612
02:54:15,800 --> 02:54:18,080
We are...

1613
02:54:18,440 --> 02:54:22,780
The hard copies of the photos that were found on our...

1614
02:54:24,200 --> 02:54:25,400
The Dias...

1615
02:54:25,400 --> 02:54:28,080
Is the presentation you're going to give us right now?

1616
02:54:28,340 --> 02:54:31,780
It's just simply just staying for the proposition that

1617
02:54:31,780 --> 02:54:36,480
not only was Mr. Platten not involved in any of the land clearing, which he will testify in

1618
02:54:36,480 --> 02:54:39,400
Acts, but it predates even a song.

1619
02:54:39,920 --> 02:54:44,960
Well, my, my, my, so it's a very good question is, and we're getting back to what

1620
02:54:44,960 --> 02:54:49,860
Council said to put this for us to look at these they need approval. So that's my point.

1621
02:54:50,820 --> 02:54:57,600
So, and for the relevance of what was put in front of us to what you were showing us,

1622
02:54:57,600 --> 02:54:59,940
I'm asking you for us to...

1623
02:55:00,000 --> 02:55:03,540
We'll look at it if this is one in the same.

1624
02:55:04,300 --> 02:55:12,880
That is correct. Okay, so we need to move on approval to accept this part of the record.

1625
02:55:16,480 --> 02:55:18,480
There is presentation. I'll move to approve.

1626
02:55:19,300 --> 02:55:26,020
Okay, move to approve. Commissioner Scarpelli, seconded by Commissioner Nugien, any further discussion?

1627
02:55:27,700 --> 02:55:33,360
Anyone opposed? Hearing none? Your request is granted.

1628
02:55:33,360 --> 02:55:34,640
Thank you.

1629
02:55:34,780 --> 02:55:34,980
All right.

1630
02:55:35,500 --> 02:55:43,520
So, these photos show the properties in the exact condition that Mr. Burwenzig showed it in

1631
02:55:43,520 --> 02:55:45,180
in 2026, correct?

1632
02:55:46,160 --> 02:55:46,920
I'm sorry.

1633
02:55:47,420 --> 02:55:55,340
The photos that you took in 2012, 2026, well, their photos were named November 2022.

1634
02:55:55,340 --> 02:56:02,360
All right, reflect that the property was in the same condition as it is today, correct?

1635
02:56:02,920 --> 02:56:06,000
Oh, yeah, it was very, very little has been done.

1636
02:56:06,640 --> 02:56:10,420
So you did not conduct any laying clearance on the property since your ownership.

1637
02:56:10,760 --> 02:56:11,200
Is that correct?

1638
02:56:11,360 --> 02:56:11,880
Correct.

1639
02:56:12,380 --> 02:56:16,680
And you're not aware of your son during his time ownership conducting any laying clearance.

1640
02:56:17,600 --> 02:56:17,780
Correct.

1641
02:56:17,780 --> 02:56:25,660
And you're applying for a interior-chick kitchen renovation. Is that correct?

1642
02:56:26,180 --> 02:56:27,060
That's correct.

1643
02:56:27,240 --> 02:56:28,580
And some bathroom cabinets, correct?

1644
02:56:29,340 --> 02:56:29,960
And some cabinets.

1645
02:56:30,100 --> 02:56:31,180
Okay, let's get that straight.

1646
02:56:31,300 --> 02:56:34,220
All right, that's the solid head for you.

1647
02:56:34,220 --> 02:56:35,180
Thank you.

1648
02:56:44,260 --> 02:56:51,600
The point that I'm trying to make with this is that we're sitting here on a kitchen remodel.

1649
02:56:51,880 --> 02:56:53,380
That would not be reviewed by Bio.

1650
02:56:53,380 --> 02:57:00,520
and Biola stepped in without a stop work order, failed that did not provide a notice that

1651
02:57:00,520 --> 02:57:06,780
it was a final determination of planning, and then it's trying to time-bar them from getting

1652
02:57:06,780 --> 02:57:12,060
in front of you to prevent him from doing a kitchen remodel.

1653
02:57:13,000 --> 02:57:19,900
I think the circumstances are such that when you look at it, you should overturn the denial

1654
02:57:19,900 --> 02:57:25,300
of the kitchen remodel as Bios should not even be in review of a kitchen remodel.

1655
02:57:26,160 --> 02:57:29,620
So here's the property in 2012 as I stayed in.

1656
02:57:30,680 --> 02:57:38,360
The property was bought, he just identified by the Brian and the Brian Platner, a voteable

1657
02:57:38,360 --> 02:57:40,400
trust and benefit in Nicholas C. Platner.

1658
02:57:40,780 --> 02:57:45,220
He's the son, wasn't even a misplatter, but of course he took photos when his son was

1659
02:57:45,220 --> 02:57:53,400
looking at it. And then in June 2024, Mr. Plattener bought the house, and of course, then he

1660
02:57:53,400 --> 02:58:01,220
wanted to renovate his kitchen. They go out the apply. There is a prior permit. Of course,

1661
02:58:01,220 --> 02:58:06,420
that permit wasn't failed by the building official. It just simply expired. So there wasn't

1662
02:58:06,420 --> 02:58:14,660
an official action by the building official. There wasn't a letter or a notice by the administrative

1663
02:58:14,660 --> 02:58:21,780
official for planning, which is the step in to open. So of course, that permit expire. It was

1664
02:58:21,780 --> 02:58:27,420
never, but it never denied, there was no action taken that was it denied out for the 2025.

1665
02:58:28,360 --> 02:58:35,860
So in 2020, six, a new permit was applied for, and the failed came up and tried to work

1666
02:58:35,860 --> 02:58:41,900
it out. And of course, we appealed it to you, because this is a kitchen remodel. This is not

1667
02:58:41,900 --> 02:58:47,340
about a potential violation of a conservation easement.

1668
02:58:47,600 --> 02:58:50,500
This is not a typical review for bio.

1669
02:58:51,380 --> 02:58:56,060
And so the reality is that there was no basis for this denial.

1670
02:58:56,660 --> 02:58:58,420
And there was no even stop work order

1671
02:58:58,420 --> 02:58:59,920
when the permit was applied for it.

1672
02:58:59,920 --> 02:59:02,300
There was no code case where the permit was applied for.

1673
02:59:02,480 --> 02:59:05,880
There was nothing that was a basis for denial.

1674
02:59:06,260 --> 02:59:10,840
And so when it was appeal, it should have been not even done.

1675
02:59:10,840 --> 02:59:19,760
So, you're here to look at it as to whether or not at the time the county staff reviewed that permit.

1676
02:59:20,580 --> 02:59:23,040
Was there a basis for it now by that department?

1677
02:59:23,600 --> 02:59:24,580
In fact, there's no.

1678
02:59:25,920 --> 02:59:28,420
So, there was a...

1679
02:59:29,240 --> 02:59:31,700
The dial is for the...

1680
02:59:31,700 --> 02:59:32,620
For the...

1681
02:59:32,620 --> 02:59:33,620
This is the kitchen permit.

1682
02:59:34,500 --> 02:59:40,060
So, we're sitting here that there was no notice of the staff work order at the time.

1683
02:59:40,060 --> 02:59:43,280
In fact, the stop work order itself, oh, I forgot to ask you, it's a pleasure.

1684
02:59:43,560 --> 02:59:44,560
Come on.

1685
02:59:44,680 --> 02:59:45,960
We got one part.

1686
02:59:53,480 --> 02:59:54,120
It's a pleasure.

1687
02:59:54,820 --> 02:59:59,700
Around March 2020 sits where you did your wife.

1688
03:00:00,000 --> 03:00:04,400
Tell you about seeing some type of posting on the property.

1689
03:00:04,600 --> 03:00:06,000
You know, she did.

1690
03:00:06,460 --> 03:00:11,100
And after she saw that, did she come back and was it still there?

1691
03:00:13,840 --> 03:00:18,400
The posting. Was it posting on your property when she came back?

1692
03:00:18,600 --> 03:00:18,940
Yes.

1693
03:00:20,660 --> 03:00:25,820
Was it posting missing when she went to go take a picture of it?

1694
03:00:25,840 --> 03:00:27,140
No, no.

1695
03:00:27,660 --> 03:00:29,020
It's still there right now.

1696
03:00:29,180 --> 03:00:29,740
Oh, the posting.

1697
03:00:30,280 --> 03:00:30,480
Yeah.

1698
03:00:40,100 --> 03:00:59,440
So we have a property that they've stated because of code compliance is not allowed to obtain a permit in a staff work order, however, none of these things existed as of the time they applied for the permit.

1699
03:00:59,440 --> 03:01:06,560
And so when reviewing whether the denial of the permit was valid, we have to look at what

1700
03:01:06,560 --> 03:01:09,500
was in place at the time the permit was applied for.

1701
03:01:10,260 --> 03:01:16,660
They may say, hey, listen, we've now done this, but that doesn't satisfy whether at the

1702
03:01:16,660 --> 03:01:19,880
time the permit was applied for and the denial was made, whether or not.

1703
03:01:21,000 --> 03:01:28,800
So, the stop work order itself was issued pursuant to the stop work order requirements.

1704
03:01:29,960 --> 03:01:36,720
And so, it says the officer or other designated authority charged with the administration

1705
03:01:36,720 --> 03:01:40,220
enforcement of the footbilling code in this code or really authorized or represented.

1706
03:01:41,860 --> 03:01:47,360
There's nothing identified that provided Mr. Verwin's thing, the ability of the issue of stop work order.

1707
03:01:47,360 --> 03:01:50,320
although he was a person that issued the stop work order.

1708
03:01:51,000 --> 03:01:53,600
The funny thing about it is, what is the stop work order for?

1709
03:01:53,820 --> 03:01:55,540
There's no work going on at the property.

1710
03:01:56,620 --> 03:02:03,240
How is the stop work order being issued for something that happened 14 years prior,

1711
03:02:03,460 --> 03:02:07,020
or if not longer, and that they've known about for over eight years.

1712
03:02:07,840 --> 03:02:13,100
The fact of the matter is, there was no work that would require the stop work order,

1713
03:02:14,020 --> 03:02:16,680
and they did not file code compliance case.

1714
03:02:16,680 --> 03:02:19,720
Instead, they're holding up a kitchen permit.

1715
03:02:20,600 --> 03:02:29,520
This isn't where they're applying for something outside the property that, oh, it's something in that area, they're denying it because you can't do anything in the conservation easement.

1716
03:02:29,820 --> 03:02:30,820
This is a kitchen permit.

1717
03:02:31,380 --> 03:02:35,780
By someone that had nothing to do with anything that occurred in the past.

1718
03:02:36,400 --> 03:02:42,300
And they're trying to hold it up to provide enforcement outside the normal mechanism, which is co-complex.

1719
03:02:42,300 --> 03:02:49,220
The reality is this. If there is a violation of the code, the appropriate mechanism to address

1720
03:02:49,220 --> 03:02:54,280
it, it's from code compliance. There is no code case. In fact, we welcome a code case because

1721
03:02:54,280 --> 03:03:02,380
it is barred at this point by the statute of limitations. The fact of the matter is that the property

1722
03:03:02,380 --> 03:03:09,600
itself has, they've done not notice this 2018 and because of that, the ability to review

1723
03:03:09,600 --> 03:03:15,280
for this is in violation of code. In fact, it exceeds the scope of the administrative authority

1724
03:03:15,280 --> 03:03:21,500
for them to review it based on the fact that there is no rational nexus between a biology

1725
03:03:21,500 --> 03:03:29,860
review and an interior kits and a permit review must be based on something with a rational nexus

1726
03:03:29,860 --> 03:03:39,580
to that permit. In this instance, there is no. And so the fact that the matter is is that the

1727
03:03:39,580 --> 03:03:48,320
review. Now, going to the fact of the code compliance, they've been on notice of a potential

1728
03:03:48,320 --> 03:03:54,800
violation since August 8, 2018, we brought it up that there was a 40-year bar to enforcement

1729
03:03:54,800 --> 03:04:02,700
back in 2018. They didn't bring it forward, they're barred. And so this trying to back and into

1730
03:04:02,700 --> 03:04:09,280
this through a kitchen permit is simply unheard of and is not permissible under the code.

1731
03:04:11,480 --> 03:04:18,420
Um, the, and we sighted to that, we sighted to it in our case law and it's, I think it's pretty much black leather law on that.

1732
03:04:18,660 --> 03:04:28,160
There's a case on point called Stephen Stone vs. Monroe County as a 2021 case in the, you know, 16 genus with circuit that said, look,

1733
03:04:28,360 --> 03:04:33,460
if the county sees something when they're inspector, they know of something and they don't bring forward a case within four years.

1734
03:04:33,460 --> 03:04:40,740
from doing it. They can't then go and backhand it in through a permit review that the actual

1735
03:04:40,740 --> 03:04:45,120
review that they're trying to have barred under is not even a rational nexus to that permit.

1736
03:04:45,840 --> 03:04:50,260
That would be like you go to replace a electric socket and they say, hey, you know what you

1737
03:04:50,260 --> 03:04:55,540
dug a ditch in your front lawn. They're unrelated. Site the ditch or if you haven't

1738
03:04:55,540 --> 03:04:58,380
So today, the reasonable time, then you're parked.

1739
03:04:58,900 --> 03:04:59,840
You're here to review.

1740
03:05:00,000 --> 03:05:07,820
Whether or not there was a basis to fail a permit for a kitchen room, one, was there even a basis for that review?

1741
03:05:08,420 --> 03:05:15,060
Two, if there was a basis, was there actually the requirements in place that would allow?

1742
03:05:15,340 --> 03:05:22,360
There was no stop work order when they failed it. There was no code compliance case, so that juncture they required to issue it.

1743
03:05:22,780 --> 03:05:28,280
Now, could they have done something afterwards and maybe we fight over it? Yes, but at that juncture there was nothing.

1744
03:05:29,750 --> 03:05:36,870
At this juncture, to not allow him to get this permit, would be a violation due process.

1745
03:05:37,650 --> 03:05:41,390
The fact of the matter is that if they want to go in front of code compliance and argue

1746
03:05:41,390 --> 03:05:45,770
about this violation of code, that's a hearing we can do in front of code kind of appliances

1747
03:05:45,770 --> 03:05:52,130
special magistrate, but for them to try to backdoor it in through this proceeding is a violation

1748
03:05:52,130 --> 03:05:56,970
of their due process to address that potential code violation in the appropriate proceeding.

1749
03:06:01,010 --> 03:06:07,450
Now, finally, timeliness, going to their argument about we didn't appeal this timely.

1750
03:06:08,870 --> 03:06:14,990
So the blackler law is any time that you have an appellate right.

1751
03:06:15,790 --> 03:06:22,070
The action must inform the effect of the party of its right to request the hearing in

1752
03:06:22,070 --> 03:06:24,230
the time limit and minutes for doing so.

1753
03:06:24,230 --> 03:06:31,350
And if you don't, then they're not unnoticed because you have to provide them the right to enter,

1754
03:06:31,490 --> 03:06:36,950
and because they're not notifying you that the permit is failed.

1755
03:06:37,190 --> 03:06:40,490
It's a final determination by the administrative official.

1756
03:06:41,630 --> 03:06:43,390
Then there is no actual notice.

1757
03:06:43,530 --> 03:06:52,950
In fact, the appeals provision of the land of El McCode 102-185A provides the planning commission

1758
03:06:52,950 --> 03:06:58,070
of the authority to hear and decide appeals from any decision to termination or interpretation

1759
03:06:58,070 --> 03:07:04,270
by administrative official, with respect to the provisional land development code.

1760
03:07:06,050 --> 03:07:09,730
And administrative officials, so who are the administrative officials, right?

1761
03:07:10,530 --> 03:07:14,530
Trying to find and look at that, there's no actual definition of administrative officials,

1762
03:07:16,810 --> 03:07:22,430
but the typical identification is you have a planning director, they get an issue to

1763
03:07:22,430 --> 03:07:28,650
now, get the building official. They didn't issue the denial. So there was no actual notice

1764
03:07:28,650 --> 03:07:33,370
by the administrative official. In fact under 12 National 141 was only supposed to be fine

1765
03:07:33,370 --> 03:07:37,210
something about administrative officials and it provides the administrative means of mineral

1766
03:07:37,210 --> 03:07:41,550
county administrator or administrative official mineral county government designated by the county

1767
03:07:41,550 --> 03:07:46,250
minister. I'm not aware of any other administrative official but planning director or the

1768
03:07:47,910 --> 03:07:55,270
other sections of it provide that the determinations that are peeled must be by an administrative

1769
03:07:55,270 --> 03:08:01,630
official, which again is not someone underneath the planning director and so without a notice

1770
03:08:01,630 --> 03:08:07,190
of denial from the planning director building official there is no issue of time limits. So

1771
03:08:07,190 --> 03:08:14,410
it actually says under such a one of two dash 21 that the planning director is the one that

1772
03:08:15,090 --> 03:08:18,250
the land development code. We go through this a lot of times where they're saying, well,

1773
03:08:18,410 --> 03:08:21,950
the only one with the authority that interprets the land development code is the land

1774
03:08:21,950 --> 03:08:28,130
planning director. And so of course, the county is trying to put this position out that a

1775
03:08:28,130 --> 03:08:32,490
program that puts in a fail that doesn't state that it's a final determination that you

1776
03:08:32,490 --> 03:08:35,870
have 30 days of appeal, and this is the determination of the administrative official,

1777
03:08:36,550 --> 03:08:40,970
is still putting you on notice that you have 30 days of appeal. Well, that simply doesn't

1778
03:08:40,970 --> 03:08:43,310
It's a violation of due process.

1779
03:08:44,350 --> 03:08:48,910
We're here before you on the substantive issue of whether this permit should have been denied

1780
03:08:48,910 --> 03:08:53,210
at the time the planning denied it for a bio failure.

1781
03:08:53,590 --> 03:08:58,110
The reality is my client wasn't on notice of any potential issue.

1782
03:08:58,910 --> 03:09:04,230
My client was applying for an interior permit that has no nexus to outside

1783
03:09:04,230 --> 03:09:08,350
and my client had nothing to do with any of these issues.

1784
03:09:09,110 --> 03:09:13,870
Although there could be something that's brought up in a code compliance case in another form,

1785
03:09:14,450 --> 03:09:16,250
this is not the form for you.

1786
03:09:16,510 --> 03:09:22,670
What we would request you to do is reverse the decision, allow the permit for the kitchen

1787
03:09:22,670 --> 03:09:27,670
being remodeled, and if we have to address this through code, we'll address this through code.

1788
03:09:27,990 --> 03:09:32,230
But if this juncture, there is no justification to hold up a kitchen remodeled for something

1789
03:09:32,230 --> 03:09:34,990
that has nothing to do with a kitchen remodeled.

1790
03:09:35,010 --> 03:09:35,790
Thank you.

1791
03:09:35,790 --> 03:09:36,890
Well, thank you any questions.

1792
03:09:37,550 --> 03:09:46,210
Could you back up to the slide before the timeline of the slide?

1793
03:09:48,050 --> 03:09:48,410
This one?

1794
03:09:48,830 --> 03:09:49,830
Yeah, okay, thank you.

1795
03:10:08,020 --> 03:10:09,800
Okay, thank you. You know what?

1796
03:10:14,780 --> 03:10:17,600
Okay. Actually, I just realized there's

1797
03:10:17,600 --> 03:10:20,940
pious and confusion on something. This planet can come back up here.

1798
03:10:27,280 --> 03:10:27,460
I probably

1799
03:10:27,460 --> 03:10:28,840
went through that a little quick.

1800
03:10:31,280 --> 03:10:33,520
What is posted on the property right now is the

1801
03:10:33,520 --> 03:10:35,760
posting for the notice of this here, correct?

1802
03:10:38,390 --> 03:10:40,470
Is there a, there's a big red

1803
03:10:40,470 --> 03:10:46,690
thing in my way of taped up to the tree? Okay. It's just, all right, never mind. I've never

1804
03:10:46,690 --> 03:10:53,090
Okay, sorry, I'm getting different information on that subject.

1805
03:10:59,840 --> 03:11:00,620
Any other questions?

1806
03:11:01,520 --> 03:11:04,880
Well, let's don't sit just yet.

1807
03:11:06,780 --> 03:11:07,980
Okay, commissioner.

1808
03:11:09,400 --> 03:11:10,000
Thank

1809
03:11:20,850 --> 03:11:21,710
you, sir.

1810
03:11:21,710 --> 03:11:22,270
What's that?

1811
03:11:22,290 --> 03:11:23,570
I thought you were going to have a question.

1812
03:11:23,730 --> 03:11:24,430
No, I'm not.

1813
03:11:24,430 --> 03:11:25,390
Do you have any?

1814
03:11:25,670 --> 03:11:28,630
No, I'm trying to formulate some questions.

1815
03:11:29,090 --> 03:11:29,390
Okay.

1816
03:11:32,930 --> 03:11:36,330
I guess I don't guess anything.

1817
03:11:37,690 --> 03:11:39,330
A couple of comments I have,

1818
03:11:41,460 --> 03:11:48,170
this is a far more of a legal issue to me and interpretation

1819
03:11:48,170 --> 03:11:55,550
of the law and the allegations made by the appellant, especially on the basis of appeals.

1820
03:11:55,550 --> 03:12:05,050
Also, I would actually appreciate the response from Council on the one slide I looked at.

1821
03:12:05,290 --> 03:12:10,530
That was the county's biological review is legally insufficient to support the denial

1822
03:12:10,530 --> 03:12:16,950
of the menstrual permit for internal renovations for the following reasons.

1823
03:12:17,190 --> 03:12:18,610
And then the four reasons were given.

1824
03:12:18,610 --> 03:12:24,630
The stop work order was incorrectly issued and the required notice was improper.

1825
03:12:24,630 --> 03:12:33,130
Number one, the two, the county's review exceeds the scope of its administrative authority.

1826
03:12:35,310 --> 03:12:44,630
Number three, the alleged violation is time-barred under former section 837 of the Monroe County Code of Audiences and

1827
03:12:45,590 --> 03:12:51,610
with holding the issuance of the permit violates procedural due process.

1828
03:12:53,920 --> 03:13:01,200
Can we go one at a time? I can go off from because would you like may I reply or are you

1829
03:13:01,200 --> 03:13:06,400
No, that's odd. This was all for our council. Yeah, usually there's the clothes of the case and she

1830
03:13:06,400 --> 03:13:10,400
called deferred to the general council and then the other side was okay.

1831
03:13:10,640 --> 03:13:12,060
We've done it. We've done it.

1832
03:13:12,060 --> 03:13:17,240
The only goes first and then it actually gets a reply. But if we're going to talk about due process,

1833
03:13:17,420 --> 03:13:22,100
the procedure seems to be a reverse here. Because normally the talent has an initial argument,

1834
03:13:22,100 --> 03:13:25,980
And then there is the response and then a reply by the appellant.

1835
03:13:26,620 --> 03:13:33,800
So we do not feel even that would be a proper procedure if the appellee gets to reply to us

1836
03:13:33,800 --> 03:13:34,620
and we get no response.

1837
03:13:35,540 --> 03:13:36,760
But whatever.

1838
03:13:37,480 --> 03:13:46,540
I think we can spend the carousel of rejoinders and surrogenders as long as this commission

1839
03:13:46,540 --> 03:13:48,600
sees fit to clear the air.

1840
03:13:48,600 --> 03:13:55,940
So, I, you know, I don't have quarrel with the Appalance Council desire to address and

1841
03:13:55,940 --> 03:13:59,620
re-address the Planning Commission and, you know, I presume that the Planning Commission

1842
03:13:59,620 --> 03:14:01,300
will hear what it wants to hear.

1843
03:14:02,060 --> 03:14:08,740
You know, I think that the question was seeking response from the county, so if I might, you

1844
03:14:08,740 --> 03:14:10,980
know, I thought he asked his council.

1845
03:14:12,480 --> 03:14:12,760
Yes.

1846
03:14:13,460 --> 03:14:14,660
Not, not the council.

1847
03:14:14,660 --> 03:14:15,620
So,

1848
03:14:18,460 --> 03:14:24,040
you're asking me, is the county loud to respond to his position?

1849
03:14:25,040 --> 03:14:30,860
The rule says that the Monroe County staff will first present its report, followed by the applicant.

1850
03:14:31,740 --> 03:14:33,520
And they're hearing we open for public comment.

1851
03:14:34,380 --> 03:14:39,960
After public comment, the applicant will have an opportunity to make conclude your marks and are respond to public comments.

1852
03:14:40,700 --> 03:14:45,820
After this, Monroe County staff may present clarifying information to the Planning Commission.

1853
03:14:46,820 --> 03:14:53,900
So that is the next step after Mr. Smith is done, is that County has the opportunity to present

1854
03:14:53,900 --> 03:14:56,620
clarifying information to the Planning Commission.

1855
03:14:57,280 --> 03:14:59,740
Okay, so Mr. Smith was about to step down.

1856
03:15:00,000 --> 03:15:04,680
And then I asked for that clarification. So it seems appropriate to me.

1857
03:15:05,180 --> 03:15:11,080
It would be appropriate. Again, whether you let Mr. Smith speak again, it's going to be someone on your discretion.

1858
03:15:13,360 --> 03:15:19,480
But it is after he concludes, it is the county's time to respond with clarifying information.

1859
03:15:20,020 --> 03:15:24,680
So your questions could be posed, not to Mr. Smith, but in fact to your own.

1860
03:15:24,680 --> 03:15:32,880
I was not, I was not questioning Mr. Smith and he was concluding and we're going to sit down, but I was going to have a stand.

1861
03:15:32,900 --> 03:15:33,100
Okay.

1862
03:15:34,780 --> 03:15:35,960
Mr. Smith, give me a second.

1863
03:15:36,260 --> 03:15:37,460
What are your clarifications?

1864
03:15:37,620 --> 03:15:43,740
I thought you asked your council Mr. Smith some questions that you asked him to respond to.

1865
03:15:44,780 --> 03:15:45,300
Yes.

1866
03:15:45,300 --> 03:16:00,160
It seems to me that Mr. Smith has provided the solution to this situation, which would address the due process of issuing a permit.

1867
03:16:00,960 --> 03:16:06,080
And then letting him go before the judge.

1868
03:16:07,120 --> 03:16:26,140
before you, you know, before you let's just stop for a minute, guys, when Mr. Smith is done then it's time for the county to present their clarifications and then you go into your debate about what the right thing is to do or right thing and wrong thing is to do that's the last thing that says

1869
03:16:26,140 --> 03:16:30,100
planning commissioners will then deliberate the matter in the planning commission thereafter

1870
03:16:30,100 --> 03:16:35,060
conduct its vote. So when you start debating the substance of who's right and who's wrong,

1871
03:16:35,580 --> 03:16:39,480
there's one step left and that's before that is to allow the county to have.

1872
03:16:39,760 --> 03:16:40,560
So I mean, it's ready.

1873
03:16:41,100 --> 03:16:41,160
It's.

1874
03:16:41,300 --> 03:16:42,560
Okay, but points he's done.

1875
03:16:42,620 --> 03:16:49,420
My only point, I would agree with the chairman, Mr. Smith was leaving. I thought his park was over.

1876
03:16:49,820 --> 03:16:50,780
Okay, so I do.

1877
03:16:51,080 --> 03:16:55,040
And that's where we're at. So Mr. Smith said you were done and you were sitting down

1878
03:16:55,040 --> 03:17:01,280
I think we need to move into the next step. If I'm missing something, no, that's what you're supposed to do.

1879
03:17:01,280 --> 03:17:03,180
The rules say to do that.

1880
03:17:03,480 --> 03:17:08,820
Okay. Well, I wish you would have done that before he was concluding with Gohead.

1881
03:17:09,460 --> 03:17:12,300
And then after this, we're moving on to the next step.

1882
03:17:12,660 --> 03:17:14,280
I did say I'll take any questions.

1883
03:17:15,680 --> 03:17:23,400
A couple of questions. Why not just come into compliance with the environmental code.

1884
03:17:23,400 --> 03:17:32,100
Compliance with environmental part could take significant time and whether or not we agree with what compliance would be and whether we agree that

1885
03:17:32,100 --> 03:17:37,900
That this juncture compliance would be required are issues that would be rather addressed through code compliance case

1886
03:17:37,900 --> 03:17:43,680
And in this juncture, we're talking about a kitchen permit and the fact that this is a complete violation of someone's due process rights

1887
03:17:43,680 --> 03:17:51,040
Give a permanent issue for an internal repair internal improvement that has nothing to do with the review by bio

1888
03:17:51,040 --> 03:17:53,980
And so, my client's standing on his property, right?

1889
03:17:54,000 --> 03:17:58,280
Since standing on his rights to be, have his promised process like anyone else,

1890
03:17:58,620 --> 03:18:03,300
and not be taken through the rain, by the county, for something that has irrelevant,

1891
03:18:03,580 --> 03:18:06,480
has nothing to do with getting a kitchen remodel permit done.

1892
03:18:07,740 --> 03:18:11,200
So, hide the medical eye by a house on the water.

1893
03:18:11,380 --> 03:18:14,120
It's got anger, I can't put a dock in, but I put it in.

1894
03:18:16,020 --> 03:18:17,100
The county finds out.

1895
03:18:18,980 --> 03:18:22,500
later on I want to do an internal remodel and they come and they notice

1896
03:18:25,880 --> 03:18:32,920
they say you still have that dock so they stop my kitchen remodel or whatever

1897
03:18:32,920 --> 03:18:40,360
it is I'm doing it insertly they cite you for code for the legal dock is the

1898
03:18:40,360 --> 03:18:45,920
first thing that would happen and actually that case that that stone case ready

1899
03:18:45,920 --> 03:18:52,480
for this, that was an illegal dock case and the illegal dock they had actually been to the

1900
03:18:52,480 --> 03:18:58,460
property for inspections multiple times and observe the dock and did not cite them.

1901
03:18:58,640 --> 03:19:06,240
And so then they cited the dock like eight years afterwards and the case was dismissed

1902
03:19:06,240 --> 03:19:12,440
in barbed by the Statue of Limitations because they didn't cite the legal dock within

1903
03:19:12,440 --> 03:19:17,400
the wreck was appearing and that meant that they couldn't utilize that as a leverage point

1904
03:19:17,400 --> 03:19:19,000
for permits internally.

1905
03:19:19,600 --> 03:19:25,780
And so what's happening here is this is trying to go around the fact that they failed

1906
03:19:25,780 --> 03:19:34,960
to cite a code case in 2018 and it's using a legal process to try to obtain compliance.

1907
03:19:35,480 --> 03:19:41,140
And so my client is standing on his rights and his rights do process and his property rights

1908
03:19:41,140 --> 03:19:44,360
which most people don't have the wear with all that do.

1909
03:19:44,620 --> 03:19:48,660
But thankfully Mr. Platner does and sometimes people have to actually stand up for their rights

1910
03:19:48,660 --> 03:19:54,620
and I hope that you do the right thing and recognize that this is about someone being treated fairly

1911
03:19:54,620 --> 03:19:59,360
under law, having this permit reviewed for the nexus that it is an interior kit to remodel.

1912
03:20:00,000 --> 03:20:07,500
I want to have the fight over whether they can cite them for a legal clearing. I'll gladly have that fight before code compliance and a special magistrate.

1913
03:20:11,510 --> 03:20:13,990
Are there any other questions?

1914
03:20:14,470 --> 03:20:14,870
Here we go.

1915
03:20:16,900 --> 03:20:18,580
Hearing none, thank you.

1916
03:20:21,660 --> 03:20:30,580
And now it's time for the county to clarify and during his clarifications, you can also ask him questions as you did just ask Mr. Smith questions.

1917
03:20:32,280 --> 03:20:37,440
All right, that's under section six, four, D, six.

1918
03:20:40,210 --> 03:20:42,870
All right, county staff, I'm behalf of the county.

1919
03:20:43,710 --> 03:20:46,050
It can be nearly omitted from my learned at France argument,

1920
03:20:46,230 --> 03:20:51,490
is section 118, V. 118, which was among the first slides presented to you by Mr.

1921
03:20:51,530 --> 03:20:52,750
Baron's wig.

1922
03:20:53,330 --> 03:20:56,290
As you might recall, from the professional staff report,

1923
03:20:56,310 --> 03:20:58,510
furnished by the department's professional staff,

1924
03:20:58,570 --> 03:21:01,410
as well as the presentation that was just provided to you,

1925
03:21:01,410 --> 03:21:06,310
Section 118-11A mandates that lane clearing is relevant at all times.

1926
03:21:06,970 --> 03:21:10,490
So, however, convenient it is to besiege that a permutus scope of work is interior

1927
03:21:10,490 --> 03:21:15,310
should result in a blind eye as to illegal on permit lane clearing outside the building footprint.

1928
03:21:15,770 --> 03:21:17,970
That isn't the law according to the land development code.

1929
03:21:18,210 --> 03:21:23,370
I would also add that section 111-4 states an air clear language quote.

1930
03:21:23,630 --> 03:21:29,870
No development shall be undertaken without prior approval and issuance of the development permit under the provisions of this land development code.

1931
03:21:29,870 --> 03:21:32,150
and other applicable laws and regulations.

1932
03:21:33,050 --> 03:21:37,410
In my view, that more than adequately rejoiners

1933
03:21:37,410 --> 03:21:40,470
and accountermans of the view shared by my friend

1934
03:21:40,470 --> 03:21:43,570
on the other side, the department was not only doing

1935
03:21:43,570 --> 03:21:45,790
the right thing, but the right thing coincides

1936
03:21:45,790 --> 03:21:47,630
with what the enacted law prescribes,

1937
03:21:47,790 --> 03:21:51,050
the department's mandated to issue the stop work order,

1938
03:21:51,730 --> 03:21:54,330
and it means it's only attempted to work cooperatively

1939
03:21:54,330 --> 03:21:56,970
rather than, I have to say,

1940
03:21:56,970 --> 03:22:03,970
thematically it's a bit curious because when you take a B and a reflect on the presentation from the other side

1941
03:22:03,970 --> 03:22:08,330
it's almost as though the accusation is you should have prosecuted my client sooner

1942
03:22:08,330 --> 03:22:14,330
which would be a first time for me in 13 years to hear. In any event with regard to the issue of notice

1943
03:22:14,330 --> 03:22:20,970
case outside of my friend on the other side trades on case law that buying state agencies. I believe the case

1944
03:22:20,970 --> 03:22:24,610
thrown up on the screen a moment ago or for it to the State Department of Administration to

1945
03:22:24,610 --> 03:22:31,130
division of retirement. State agency such as the water management districts, the Department of Children

1946
03:22:31,130 --> 03:22:36,850
and Families, the Department of Environmental Protection, or Subject to Chapter 120, the

1947
03:22:36,850 --> 03:22:42,150
Florida Administrative Procedure Act. Local governments are not the same as state agencies.

1948
03:22:42,590 --> 03:22:48,170
Monroe County is a county under the Florida Constitution, subject to Home Rule,

1949
03:22:48,170 --> 03:22:50,310
under chapter 125 of the Ford Statutes.

1950
03:22:50,670 --> 03:22:53,450
It's not subject to chapter 120

1951
03:22:53,450 --> 03:22:56,090
administrative procedure act to case law.

1952
03:22:57,330 --> 03:22:59,850
State agencies are given their own uniform

1953
03:22:59,850 --> 03:23:01,430
statutory and ruler requirements

1954
03:23:01,430 --> 03:23:04,170
when they issue a judicative decisions.

1955
03:23:05,490 --> 03:23:07,250
So I would say not only is it wrong,

1956
03:23:07,530 --> 03:23:09,190
the case law sided by the other side,

1957
03:23:09,290 --> 03:23:10,310
but it's entirely relevant.

1958
03:23:11,930 --> 03:23:13,730
In addition, I would add that the other side

1959
03:23:13,730 --> 03:23:15,890
is conspicuously omitted that,

1960
03:23:15,890 --> 03:23:17,610
and I think members of this planning commission

1961
03:23:17,610 --> 03:23:24,290
have aptly discerned this, the conservation easem has been of record for over 20 years.

1962
03:23:25,210 --> 03:23:31,390
When the appellants took title to the subject property, the chain of title, which

1963
03:23:31,390 --> 03:23:35,030
shown bright neon, this conservation easemment is in the chain of title.

1964
03:23:35,690 --> 03:23:41,590
It's evergreen longstanding case law that private property owners and companies are on constructive

1965
03:23:41,590 --> 03:23:45,430
notice of documents that are recorded in the land record index.

1966
03:23:46,690 --> 03:23:55,010
So, the opponents took title subject to the conservationists and the department disputes that

1967
03:23:55,010 --> 03:23:56,290
the violations were inherited.

1968
03:23:56,990 --> 03:24:01,310
The department takes the position that they were not inherited, that they occurred after

1969
03:24:01,310 --> 03:24:01,770
acquisition.

1970
03:24:02,530 --> 03:24:08,410
However, even argument for the sake of argument, assuming that the violations were inherited.

1971
03:24:09,610 --> 03:24:14,690
It would be incumbent upon a prospective purchaser when checking the land title in the land

1972
03:24:14,690 --> 03:24:20,530
record index and finding that conservationism, which has on its final page page 5, the

1973
03:24:20,530 --> 03:24:25,470
loan exhibit attached to it, a diagram of the tropical hardwood hammock conservationism

1974
03:24:25,470 --> 03:24:29,910
protected area, that diagram which is both in the professional staff report that's been

1975
03:24:29,910 --> 03:24:33,410
provided to you and has been shown on multiple times on the screen so much is probably

1976
03:24:33,410 --> 03:24:38,850
TV burn. It shows in hatched areas where the tropical hardwood hammock is delineated.

1977
03:24:38,850 --> 03:24:46,670
So we'll be incumbent upon a prospective purchaser checking the chain of title as that's a responsibility of the buyer

1978
03:24:46,670 --> 03:24:51,250
to look at that conservation easement and then look at the ground

1979
03:24:51,250 --> 03:24:55,170
and if you see mulch and p-rock artificial lights

1980
03:24:55,170 --> 03:24:59,950
you know, non-native landscaping invasive ornamental plants where there should be a-

1981
03:25:00,000 --> 03:25:14,640
Forrest, that should tell you something. You can either walk away from the acquisition or you can factor in the contingent liability of those violations and negotiate a reduced purchase price, just like when you're purchasing a property that's a distress property that's subject to a lien.

1982
03:25:16,040 --> 03:25:21,640
I would not also that it's the evergreen case law in Florida that violations run with the land.

1983
03:25:22,900 --> 03:25:26,660
This decision actually comes out not only out of the third district court of appeal,

1984
03:25:26,820 --> 03:25:32,200
which is the intermediate appellate court that controls the 16 judicial circuit in this forum,

1985
03:25:32,960 --> 03:25:34,420
but it actually comes out of Monroe County.

1986
03:25:35,060 --> 03:25:39,000
This is the decision of Monroe County versus whispering pines associates.

1987
03:25:39,000 --> 03:25:45,360
The citation is 6.97, southern seconds, 8.73, the pinpoint citation to the page of about

1988
03:25:45,360 --> 03:25:46,360
to code is 8.75.

1989
03:25:47,580 --> 03:25:51,540
This decision is a Florida 3rd District Court of Appeal, 3rd District Court of Appeal

1990
03:25:51,540 --> 03:25:57,840
Decision from 1997, and I quote, thus clearly code violations, quote, run with a land

1991
03:25:57,840 --> 03:26:01,840
to encode, and subsequent purchasers can be held responsible for bringing their property up

1992
03:26:01,840 --> 03:26:02,200
to code.

1993
03:26:02,820 --> 03:26:07,400
By necessity in logic, there's nothing unconstitutional and holding that as the party who has

1994
03:26:07,400 --> 03:26:12,340
power to bring the land into code compliance, the current owner should be charged with that responsibility.

1995
03:26:13,680 --> 03:26:19,440
More recently, the fourth district Court of Appeal of Florida in 2008, in the decision of Henry versus McDonald.

1996
03:26:20,540 --> 03:26:27,160
The pinpoint citation about to quote is 971, southern second, 998 at page 1000.

1997
03:26:28,120 --> 03:26:31,600
In that decision, the fourth district Court of Appeal stated, quote,

1998
03:26:31,600 --> 03:26:36,740
violations run with the land and subsequent purchasers can be held responsible for bringing the

1999
03:26:36,740 --> 03:26:41,940
property up to code and that actually slides internally. Monarch County versus whispering

2000
03:26:41,940 --> 03:26:48,520
pines associates. So ignorance of the law is no excuse. The rule is you don't have to be licensed

2001
03:26:48,520 --> 03:26:57,240
attorney to know by or by or by or by or by or by. The conservation easement had an exhibit.

2002
03:26:57,240 --> 03:27:05,040
So to the extent we indulge in the hypothesis that the violations were inherited or assumed

2003
03:27:05,040 --> 03:27:12,640
or one might say someone else did it, it would have been obvious from the land record index

2004
03:27:12,640 --> 03:27:18,160
that there were series problems with the property and that's incumbent upon every private property

2005
03:27:18,160 --> 03:27:20,220
on it to sus out into advance of acquisition.

2006
03:27:22,350 --> 03:27:26,050
I would also add the decision of Schlachter versus Swanson

2007
03:27:26,050 --> 03:27:32,690
In 1826, Southern Second, 1012, page 1014, that's the Florida 3rd DCA decision of 2001.

2008
03:27:33,730 --> 03:27:38,470
In that case, the 3rd District Court of Appeal held or recognized that the act of recording

2009
03:27:38,470 --> 03:27:43,470
any document in the index of county's official records and future constructive notice to

2010
03:27:43,470 --> 03:27:45,050
subsequent purchasers of the document.

2011
03:27:47,900 --> 03:27:52,300
I'm going to turn next to, I think it was

2012
03:27:55,080 --> 03:27:57,020
the holding the permit hostage.

2013
03:27:57,620 --> 03:28:02,400
I would disagree with the somewhat dramatic framing of that.

2014
03:28:02,680 --> 03:28:09,580
I would also refer to Lane Development Code section 1, 10, that's the title of that LDR

2015
03:28:09,580 --> 03:28:14,560
is, quote, suspension of development, re-proceedings end quote, and it states fully the

2016
03:28:14,560 --> 03:28:18,240
planning director May and his or her discretion suspend consideration of any application

2017
03:28:18,240 --> 03:28:22,700
for development approval during the Penency of Code Compliance Proceeding involving all

2018
03:28:22,700 --> 03:28:24,680
or portion of the parcel proposed for development.

2019
03:28:24,680 --> 03:28:40,260
The planning director may suspend development review entirely for such a parcel or may choose to proceed with the review of a development application, but in post conditions on such development approval requiring resolution of outstanding code violations on the subject parcel prior to your concurrent with the proposed development.

2020
03:28:40,980 --> 03:28:49,460
So not only was it mandatory for the department to the action, it did take under section 118, 11A,

2021
03:28:50,120 --> 03:28:54,940
but there are myriad tools in the kit for local governments to ensure that compliance is achieved.

2022
03:28:56,100 --> 03:28:59,860
I think that it's resulted oriented and leave we incorrect.

2023
03:29:00,060 --> 03:29:06,540
The argument on the other side is put forth that seemingly code compliance is the exclusive means by which

2024
03:29:07,940 --> 03:29:11,600
correction of violations of the code or complaint can be achieved.

2025
03:29:12,640 --> 03:29:16,420
In my view, it's self-serving to achieve a preferred result

2026
03:29:16,420 --> 03:29:17,840
for the appellants.

2027
03:29:18,860 --> 03:29:23,260
There are many different avenues in which compliance can be achieved.

2028
03:29:23,900 --> 03:29:26,460
Cooperation, suspension to development, or EU proceedings,

2029
03:29:26,860 --> 03:29:29,420
which does not require the issues of a no-discive violation.

2030
03:29:30,120 --> 03:29:34,220
It states, during the dependency of a code compliance proceeding.

2031
03:29:34,220 --> 03:29:39,600
So, you're not required to issue a notice of violation or citation or notice to appear.

2032
03:29:40,520 --> 03:29:43,900
As Mr. Brands would testify, a code compliance case was opened.

2033
03:29:46,450 --> 03:29:51,830
I mean, now turning to the repeals, what some have called the statute limitations,

2034
03:29:52,470 --> 03:29:53,470
8-37.

2035
03:29:54,790 --> 03:29:59,110
8-37 of the code of ordinances was repealed by the County Commission in 2023.

2036
03:30:00,020 --> 03:30:06,120
It was formally found in chapter 8 of the Code of Audences, which was in a Mainstitled Code Enforcement

2037
03:30:07,060 --> 03:30:13,200
Enquote. Section 8, that's 37, used to state, Code All Prosecutions, before the Code

2038
03:30:13,200 --> 03:30:16,760
Compliance Special Magistrate, which I'll be initiated within four years of the

2039
03:30:16,760 --> 03:30:20,940
Corinthians of the event, complaint of or be forever barred for the purpose of this

2040
03:30:20,940 --> 03:30:24,800
section. The term initiated means the filing of a notice of violation.

2041
03:30:24,800 --> 03:30:30,960
issues of a notice to appear, or issues of a civil citation, by the code compliance department."

2042
03:30:31,660 --> 03:30:41,660
The code compliance department, not the planning and environmental resources department, is directed by the provisions of chapter 8 and indeed repealed 8-37.

2043
03:30:43,380 --> 03:30:51,700
This appeal seeks to return a written adverse failed determination issued by the planning and environmental resources department, with regard to the permitting process.

2044
03:30:53,160 --> 03:30:55,580
most cheritably, the failed determination,

2045
03:30:56,020 --> 03:30:59,200
asserting that illegal anchoring occurred in 2025.

2046
03:31:00,340 --> 03:31:02,360
It might fairly be argued that it was actually

2047
03:31:02,360 --> 03:31:06,360
initially failed on the basis of illegal anchoring in 2018.

2048
03:31:08,700 --> 03:31:11,440
We're not obviously in a prosecutor proceeding

2049
03:31:11,440 --> 03:31:13,600
before the code compliance special magistrate.

2050
03:31:14,380 --> 03:31:17,040
So the argument is mistaken in terms of choice of form

2051
03:31:17,040 --> 03:31:19,280
and indeed, well, convenience, it's irrelevant.

2052
03:31:20,460 --> 03:31:25,840
Because I don't, it's the firm position of the department that the

2053
03:31:25,840 --> 03:31:31,480
exclusive, the argument that the other side is asserted that the exclusive means by

2054
03:31:31,480 --> 03:31:36,320
lawfully ensuring compliance is you have to go before the code compliance special

2055
03:31:36,320 --> 03:31:41,200
magistrate is completely imagined. There is no law that says that.

2056
03:31:46,150 --> 03:31:50,930
But I'd also that there were some stray remarks regarding

2057
03:31:50,930 --> 03:31:56,010
exactions, or maybe rational nexus, which is a component of exactions, I think that was

2058
03:31:56,010 --> 03:32:01,350
in the basis of appeal, exactions referred to or request by the government for something new

2059
03:32:01,350 --> 03:32:03,010
and exchange for permanent approval.

2060
03:32:05,470 --> 03:32:09,330
Here, an example of an unlawful exaction might be if you're

2061
03:32:09,330 --> 03:32:13,410
applying to build a shade structure in the government requires a five-mile bike path.

2062
03:32:19,750 --> 03:32:20,290
It's not

2063
03:32:20,290 --> 03:32:24,550
action, arguably, I would dispute whether it is necessarily an

2064
03:32:24,550 --> 03:32:27,850
exaction, but there was a conservation easement that was required as a

2065
03:32:27,850 --> 03:32:31,910
condition of the single family permit issuance and issuance of the

2066
03:32:31,910 --> 03:32:35,150
certificate of occupancy for the single family home on the subject

2067
03:32:35,150 --> 03:32:38,990
property. That conservation easement was agreed to by the developer.

2068
03:32:39,130 --> 03:32:43,910
It's been reported of record for almost a quarter of a century. It's a

2069
03:32:43,910 --> 03:32:49,470
bit exotic to assert that this is an unlawful ask given that this is

2070
03:32:49,470 --> 03:32:53,530
of property right of the public selected government that's been in the land record index

2071
03:32:53,530 --> 03:32:55,950
for over 25 years.

2072
03:32:56,770 --> 03:33:00,090
I would also have that there hasn't been any argument pushing back on the Department's

2073
03:33:00,090 --> 03:33:04,250
position that there's been a violation of the Clearing Limit, which is I believe condition

2074
03:33:04,250 --> 03:33:09,410
10, of the single-family permit issued for the home that's on this property.

2075
03:33:18,190 --> 03:33:23,570
And I would also add that it's a bit exasperating to hear the Department's staff,

2076
03:33:23,570 --> 03:33:31,190
So, or to see the basis of appeals, so boldly, exclaim that the department had a non-discretionary

2077
03:33:31,190 --> 03:33:36,730
mandatory duty to approve this, notwithstanding what the department knew to be true.

2078
03:33:39,060 --> 03:33:43,060
And conveniently omitted from the presentation, the other side's made to you today,

2079
03:33:44,180 --> 03:33:52,000
the Appalence did sue mistolping in her individual official capacity in the circuit court

2080
03:33:52,000 --> 03:33:57,600
parallel to this appellate litigation, and they requested what's called a riddle of

2081
03:33:57,600 --> 03:34:04,040
mandamus, which is a court order forcing Ms. Tolpin to do something requested, and that's

2082
03:34:04,040 --> 03:34:08,320
something was approved the permit. You don't have any discretion. You violated the law so

2083
03:34:08,320 --> 03:34:16,080
badly we need a court order that says do your job. That was file I believe in late June and

2084
03:34:16,080 --> 03:34:20,980
Circuit Court dismissed that lawsuit on July 29th.

2085
03:34:21,440 --> 03:34:25,280
So I think that the arguments that you've heard today are overreaching, many

2086
03:34:25,280 --> 03:34:30,440
order relevant, and they conveniently side-step that there are multiple mechanisms

2087
03:34:30,440 --> 03:34:34,540
through which compliance with the land development code and comprehensive plain can be

2088
03:34:34,540 --> 03:34:34,900
achieved.

2089
03:34:41,010 --> 03:34:46,790
I would add also there was reference to the stone case this pivot's back to the statute

2090
03:34:46,790 --> 03:34:49,610
limitations are formed, the repealed Section A-37.

2091
03:34:51,430 --> 03:34:55,770
In a more recent case from the 16 judicial circuit, it's the matter of seven-eight investments

2092
03:34:55,770 --> 03:34:59,950
LLC versus Monroe County, 16 judicial circuit court case.

2093
03:35:00,240 --> 03:35:23,500
Number 24-AP-009-K issued on June 12, 2025. In it, the court held that the repeal of that provision section-8-39, or the sum call of the sexual limitations, the former sexual limitations, was a procedural change rather than a substantive change in law.

2094
03:35:23,500 --> 03:35:30,680
And I quote, quote, Section 8-307's repeal conferred no changes, elipses to no

2095
03:35:30,680 --> 03:35:36,880
pardon me, quote, Section 8-307's repeal conferred no changes to elipses substantive

2096
03:35:36,880 --> 03:35:39,440
rights and duties, and quote.

2097
03:35:40,300 --> 03:35:44,440
And the circuit court cited the decision of Walsh on behalf of AKP versus Department

2098
03:35:44,440 --> 03:35:51,620
of Children and Families, 393 Southern 3rd, 718, pinpoint sites 723, Florida 4th, DCA,

2099
03:35:51,620 --> 03:35:58,660
2024 and parenthetically noted that that decisions stood for the proposition that remedial

2100
03:35:58,660 --> 03:36:02,420
statutes relating to remedies or mode of procedure which do not create new or take away

2101
03:36:02,420 --> 03:36:06,420
vested rights, but only operating further into the remedy or confirmation of rights

2102
03:36:06,420 --> 03:36:11,380
are existing, do not come within the lead conception of a retrospective law or the general

2103
03:36:11,380 --> 03:36:13,800
against retrospective operation of statutes.

2104
03:36:14,880 --> 03:36:18,860
I think what I've heard today even though I think it's irrelevant because this is an appeal

2105
03:36:18,860 --> 03:36:23,860
of a decision by the planning and environmental resources department in the permitting context

2106
03:36:23,860 --> 03:36:27,800
and not a prosecutable prosecution before the co-complised special magistrate.

2107
03:36:28,740 --> 03:36:37,000
I think that I heard some comments that something along the lines of the, this would be an

2108
03:36:37,000 --> 03:36:45,500
improper retrospective application of what used to be a time bar to prosecution. Obviously it's irrelevant,

2109
03:36:45,500 --> 03:36:52,500
but the decision from 7-8 Investments LLC, which is more recent than the storm decision from this circuit court,

2110
03:36:53,420 --> 03:37:00,480
stands for the clear-eyed proposition that it's not the repeal does not operate improperly retroactively.

2111
03:37:00,940 --> 03:37:04,020
It's a rule of procedure, not a substantive rule of law.

2112
03:37:07,460 --> 03:37:14,500
I think I only have a few questions for Mr. Berenzoid to redirect some of his earlier testimony, and then I'll be available for any questions.

2113
03:37:14,500 --> 03:37:15,420
Mr.

2114
03:37:20,860 --> 03:37:26,540
Bernstein, were you doly authorized by the building official to issue the stop or order that we've reviewed today?

2115
03:37:29,880 --> 03:37:33,200
No additional questions unless you have any other questions for myself or Mr. Bernstein.

2116
03:37:37,070 --> 03:37:38,790
Commission, do you have any questions?

2117
03:37:47,000 --> 03:37:47,980
I see the finger up.

2118
03:37:48,340 --> 03:37:48,820
Yeah, I'm sorry.

2119
03:37:50,400 --> 03:37:51,900
Your reading section 110-9.

2120
03:37:52,920 --> 03:37:54,540
I also caught in there.

2121
03:37:54,720 --> 03:37:57,960
You mentioned code compliance proceedings, but also it does say.

2122
03:37:57,960 --> 03:38:14,100
Playing director may suspend development review entirely for such a partial or may choose to proceed with the review of a development application but impose conditions on such development approval requiring resolution of outstanding code violations on the certainly cases.

2123
03:38:14,100 --> 03:38:21,460
So if there is an inherent code violation on the subject partial prior to or concurrent with proposed development,

2124
03:38:22,500 --> 03:38:31,500
you know, I mean, reading that, it's like, well, I'm not necessarily, the plan director has a discretion if a code violation is discovered,

2125
03:38:32,360 --> 03:38:41,800
regardless of if there's a code case or an haunted is the planning department's ability to suspend development, any kind of development,

2126
03:38:42,800 --> 03:38:50,860
until, but you guys are, but there are also states that you're also willing to make a deal for lack of a better term.

2127
03:38:51,180 --> 03:38:56,640
Yeah, in terms of the usual parties can get to where both everybody needs to go.

2128
03:38:57,060 --> 03:39:01,600
Correct, the professional staff tried multiple times to help as the testimony today revealed,

2129
03:39:02,000 --> 03:39:04,360
to know a veil and said they got sued twice.

2130
03:39:05,120 --> 03:39:10,960
You know, the Y of things matter, the laws that issue were enacted by the democratically

2131
03:39:10,960 --> 03:39:16,560
accountable, elected government of the public, those are the laws of the Department

2132
03:39:16,560 --> 03:39:17,420
forces.

2133
03:39:18,420 --> 03:39:22,560
You know, the professional staff don't get rewarded for saying, no, they get criticized and

2134
03:39:22,560 --> 03:39:23,180
sued.

2135
03:39:23,480 --> 03:39:27,480
It doesn't make their life more difficult, but that's their charge as public servants to apply

2136
03:39:27,480 --> 03:39:29,420
the laws enacted without fear or favor.

2137
03:39:30,660 --> 03:39:33,220
You know, bad law comes from easy cases made hard.

2138
03:39:33,220 --> 03:39:36,780
This case is straightforward as a matter of jurisdiction and on the merits

2139
03:39:37,300 --> 03:39:43,820
So we do request that you both dismissed this appeal as fatally jurisdictionally and timely and

2140
03:39:44,400 --> 03:39:52,840
That you also affirm and uphold through separate motion. The department's determination is correct on its substance on the merits

2141
03:39:57,540 --> 03:39:59,840
And of course that relate the

2142
03:40:00,000 --> 03:40:11,860
The first request I made refers to the untimelyness, which I think has been adequately sussed out, but Section 102-185, Plan A and C make very clear.

2143
03:40:16,670 --> 03:40:17,930
So that the, sorry.

2144
03:40:18,230 --> 03:40:30,570
If I might just contribute briefly to this, Section 102-185, you know, as I mentioned before, evergreen air law, air clear case law in Florida provides that.

2145
03:40:30,570 --> 03:40:35,230
Private and members of the public run constructed notice of the contents of the law of

2146
03:40:35,230 --> 03:40:36,830
a county or city.

2147
03:40:37,710 --> 03:40:45,470
The notice of the right to appeal is imputed from the notice that is presumed that one

2148
03:40:45,470 --> 03:40:47,830
is presumed to have of the laws of the county.

2149
03:40:48,430 --> 03:40:49,430
That is the notice.

2150
03:40:50,150 --> 03:40:56,930
The notice is the enactment and codification of the mechanism to appeal is the notice.

2151
03:40:56,930 --> 03:41:03,370
Ford a lot, deems property owners on constructive notice of the contents of their codes.

2152
03:41:04,190 --> 03:41:10,090
What is a relevant content of the county's code for purposes of the jurid-fatal jurisdiction,

2153
03:41:10,090 --> 03:41:12,690
jurid-discional defectiveness of this appeal?

2154
03:41:13,230 --> 03:41:17,950
It's section 102-185, which says, quote, the planning commission shall have the authority

2155
03:41:17,950 --> 03:41:24,010
to hear in the side appeals from any determination, decision or interpretation by any administrative

2156
03:41:24,010 --> 03:41:28,170
official with respect to the provisions of this land development code or comprehensive plan.

2157
03:41:28,870 --> 03:41:33,010
And the standards and procedures here and after set forth, and it provides a few exceptions

2158
03:41:33,010 --> 03:41:38,270
for flood-playing management appeals to store preservation appeals, which are their own

2159
03:41:38,270 --> 03:41:41,410
have their own processes spelled out in elsewhere in the code.

2160
03:41:41,990 --> 03:41:47,250
In section 1-2-185, parentheses states, a notice of appeal in the form prescribed by the

2161
03:41:47,250 --> 03:41:52,110
planning director must be filed with the county administrator and with the office or department

2162
03:41:52,110 --> 03:41:58,910
rendering the determination, decision or interpretation within 30 days of that determination,

2163
03:41:59,210 --> 03:42:05,050
decision or interpretation. Failure to file, and this is, I think, the lock stock language

2164
03:42:05,050 --> 03:42:11,550
here. Failure to file such a peel shall constitute a waiver of any rights under this land

2165
03:42:11,550 --> 03:42:15,610
development code and comprehensive plan to appeal any determination, decision or interpretation

2166
03:42:16,170 --> 03:42:18,610
made by an administrative official.

2167
03:42:21,180 --> 03:42:23,600
That language is unfairly debatable and you certainly

2168
03:42:23,600 --> 03:42:29,360
don't need a law license to define what it means. So, all landowners are unconstructed

2169
03:42:29,360 --> 03:42:35,400
notice of the contents of the code. Those are the contents of the code. This appallant

2170
03:42:35,400 --> 03:42:39,980
was unconstructed notice of this code provision. This is the mechanism in which to appeal.

2171
03:42:41,280 --> 03:42:46,060
And that's the law Florida. That's not the department saying this is, you know, by Fiat.

2172
03:42:52,720 --> 03:42:57,440
I guess, and then also with the grant of conservation easement, there's another whole

2173
03:42:57,440 --> 03:43:00,560
other legal documents associated with that.

2174
03:43:00,900 --> 03:43:01,720
It's all intertwined.

2175
03:43:01,840 --> 03:43:05,260
There's the permit, the conditions, the certificate of occupancy.

2176
03:43:05,640 --> 03:43:12,580
It works sort of as a web of instruments that work in concert with each other.

2177
03:43:13,560 --> 03:43:17,920
Because, you know, my problem is that I see that the appellant points, like, you're holding

2178
03:43:17,920 --> 03:43:25,640
up my vath, my kitchen remodel for organic concentrations, but then my other, my other head,

2179
03:43:25,640 --> 03:43:28,540
on my other side of that is fixed the conservation

2180
03:43:28,540 --> 03:43:29,240
movement.

2181
03:43:29,500 --> 03:43:31,720
It needs to be where it was agreed to upon.

2182
03:43:31,940 --> 03:43:33,780
So that's where I'm like, both things

2183
03:43:33,780 --> 03:43:35,500
need to be true and need to happen.

2184
03:43:36,280 --> 03:43:38,240
If we heard on the floor right now,

2185
03:43:38,400 --> 03:43:42,420
that the appellants would obtain or obtained

2186
03:43:42,420 --> 03:43:45,600
and approves environmental restoration permit,

2187
03:43:46,120 --> 03:43:47,400
none of this would be necessary.

2188
03:43:48,400 --> 03:43:50,660
So I think that the leads a bit buried in that.

2189
03:43:50,780 --> 03:43:52,480
It seems like the principle we're standing on

2190
03:43:52,480 --> 03:43:56,160
is the right to continue doing development and violation

2191
03:43:56,160 --> 03:43:58,820
of the land-evalent codes prohibition on a legal unpermitted

2192
03:43:58,820 --> 03:43:59,760
land clearing.

2193
03:44:00,900 --> 03:44:02,220
But regardless of who was done by,

2194
03:44:02,400 --> 03:44:03,460
and that's the unfortunate part.

2195
03:44:03,520 --> 03:44:03,860
Correct.

2196
03:44:04,040 --> 03:44:06,920
And again, that's the binding case law of not just Florida,

2197
03:44:07,140 --> 03:44:08,460
but indeed from Monroe County.

2198
03:44:13,060 --> 03:44:14,480
I got no other questions right now.

2199
03:44:14,860 --> 03:44:17,620
Unless far, do you have some stuff to add, please?

2200
03:44:18,380 --> 03:44:18,760
Yeah, yeah, please.

2201
03:44:18,980 --> 03:44:21,300
I have a question for you or someone.

2202
03:44:25,880 --> 03:44:29,460
Is there a code complaint violation going on, as we said?

2203
03:44:29,460 --> 03:44:33,020
there is no court compliance case there's no court compliance case

2204
03:44:33,020 --> 03:44:34,400
just wait a minute

2205
03:44:34,400 --> 03:44:38,540
I haven't said anything but I don't see where he's remotely competent to answer questions

2206
03:44:38,540 --> 03:44:39,480
he's finished

2207
03:44:39,480 --> 03:44:41,640
yeah that's that's that's the part

2208
03:44:41,640 --> 03:44:43,080
what's the part

2209
03:44:43,080 --> 03:44:44,340
thank you

2210
03:44:44,340 --> 03:44:45,320
let's

2211
03:44:45,320 --> 03:44:46,880
be professional

2212
03:44:47,340 --> 03:44:51,860
and that would be to get an answer from the court to the person that I asked

2213
03:44:51,860 --> 03:44:55,740
he's not a representative he's not authorized to represent the court compliance department

2214
03:44:55,740 --> 03:44:59,940
that is hopefully out of order. He's not competent to answer that question.

2215
03:45:00,000 --> 03:45:18,420
And why are you asking the appellants? We have to all do respect. We're going to not have an answer. We have here is an objection on the floor. So stay your objection and then we'll have it dealt with by the commission. The objection is to fall. Number one, council is council not a witness. Number two, he's not an authorized representative of the code compliance department.

2216
03:45:31,580 --> 03:45:50,360
Okay, so now we need to rule on the objection as he's made an objection, he's made a response to your judicial panel, so you need to rule on the objection, and then if you overrule the objection, then he continues if you sustain the objection, then he's done.

2217
03:45:50,360 --> 03:45:52,680
And this is a decision for the panel.

2218
03:45:53,400 --> 03:45:55,120
It's not, it's not, it's not yours.

2219
03:45:55,400 --> 03:45:58,980
It's the need three votes to either sustain or to overall.

2220
03:45:59,060 --> 03:46:00,220
But let me go back to the beginning.

2221
03:46:00,640 --> 03:46:02,040
I just asked him with question.

2222
03:46:03,280 --> 03:46:04,440
I'm just a 40 procedure.

2223
03:46:05,100 --> 03:46:06,260
Okay, that's.

2224
03:46:06,380 --> 03:46:06,560
I'm not.

2225
03:46:06,800 --> 03:46:09,800
If I could, you recognize them and you've got an objection.

2226
03:46:09,840 --> 03:46:12,640
If we need to vote, you need to vote on the objection.

2227
03:46:13,780 --> 03:46:17,920
To do a procedurally proper, you need to rule on the objection and either take.

2228
03:46:17,920 --> 03:46:24,720
Mr. Smith's submittal or sustain it and Mr. Smith's submittal is disregarded.

2229
03:46:25,220 --> 03:46:26,360
That's how we do procedure.

2230
03:46:28,620 --> 03:46:29,600
State the objection.

2231
03:46:30,940 --> 03:46:32,160
The objection is too full.

2232
03:46:32,320 --> 03:46:34,220
Number one, Mr. Smith is not a witness.

2233
03:46:35,240 --> 03:46:42,220
Therefore, he cannot testify to the existence or non-existence of a case open by the Monroe County Code Compliance Department.

2234
03:46:42,840 --> 03:46:50,580
The second objection is that, Mr. Smith is not authorized to speak on behalf of the Monroe County Code from the West Department.

2235
03:46:51,520 --> 03:46:54,660
That is a fact that is not a question of law.

2236
03:46:55,120 --> 03:47:02,920
Mr. Smith has been retained to provide legal arguments for his client in support of their theory to reverse the decision of the department.

2237
03:47:03,360 --> 03:47:07,160
But he is not a witness and he is certainly not a witness authorized to testify.

2238
03:47:07,160 --> 03:47:08,240
You're done with your objective.

2239
03:47:08,620 --> 03:47:09,720
In Bartman, are you done with your objective?

2240
03:47:10,180 --> 03:47:10,720
You're done with your objective?

2241
03:47:11,060 --> 03:47:14,180
You get sort of, you get stressed bond, and then you all decide.

2242
03:47:14,520 --> 03:47:15,420
That's the way this works.

2243
03:47:15,780 --> 03:47:15,820
All right.

2244
03:47:16,540 --> 03:47:22,000
There's called, there's an exception to, there's an immisibility exception for public records.

2245
03:47:23,920 --> 03:47:27,140
So, in the curriculum, we're very well at the public records exception, right?

2246
03:47:27,140 --> 03:47:29,920
That public records are admissible or the lack thereof.

2247
03:47:30,280 --> 03:47:37,140
So, if there's a code compliance case that they're claiming is there, let's pull that code compliance case.

2248
03:47:37,140 --> 03:47:43,800
out in a minute because there is in one. So I can't provide you a code compliance case that

2249
03:47:43,800 --> 03:47:48,440
does not exist. And so they're going to continue. So there's a code compliance case, but there's

2250
03:47:48,440 --> 03:47:55,560
not. And so the public records are set exception provides that if I can include state on your record

2251
03:47:55,560 --> 03:47:59,560
that there is no case. And unless they provide that record, then there is not.

2252
03:48:00,060 --> 03:48:05,660
I'm sorry I'm going to have to reply to that. The public records exception applies to documentary evidence.

2253
03:48:05,660 --> 03:48:12,520
there is no public record before you, this has been woefully misrepresented and I'm really

2254
03:48:12,520 --> 03:48:17,260
shocked by council's route. It is I really can't believe but I just said okay so we've had

2255
03:48:17,260 --> 03:48:22,820
one side and another side and a reply you can take more if you want or you can just take a vote

2256
03:48:22,820 --> 03:48:26,940
and rule on the objection now we can move on. I would like to take a vote.

2257
03:48:30,120 --> 03:48:30,580
The vote would be

2258
03:48:30,580 --> 03:48:36,100
sustain or overruled, sustain would be in favor of the county, will rule be in favor of Mr. Smith.

2259
03:48:37,080 --> 03:48:40,080
We take a motion for that, please.

2260
03:48:40,900 --> 03:48:44,120
Motion to sustain or overall.

2261
03:48:45,720 --> 03:48:48,280
Which do you choose to make a motion for anybody?

2262
03:48:48,800 --> 03:48:51,640
I move that we sustain the objection by the county.

2263
03:48:51,940 --> 03:48:53,100
Do I have a second?

2264
03:48:54,300 --> 03:48:54,860
Second.

2265
03:48:56,060 --> 03:48:56,560
Mr. Anderson.

2266
03:48:57,820 --> 03:48:58,780
Any further discussion?

2267
03:49:00,700 --> 03:49:01,820
I don't have a discussion.

2268
03:49:01,820 --> 03:49:12,860
I mean, parts simply stating that there's no case that he's aware of, that's all I heard.

2269
03:49:14,540 --> 03:49:16,600
Yeah, we're still going to have to rule one of these things.

2270
03:49:16,600 --> 03:49:19,980
That's not in race and it's been, it's in front of you.

2271
03:49:20,000 --> 03:49:20,960
It's motion seconds.

2272
03:49:21,020 --> 03:49:26,180
So now you need to either discuss or debate and then whether or not sustain or horrible.

2273
03:49:26,640 --> 03:49:30,820
And if you sustain it, you have to disregard the facts asserted.

2274
03:49:30,820 --> 03:49:36,280
by Mr. Smith, and if it's overruled, then you take what he said into evidence.

2275
03:49:36,860 --> 03:49:40,540
We have a motion, we have a second.

2276
03:49:42,630 --> 03:49:45,830
To sustain the objection of the county, is the motion as far as I understand?

2277
03:49:46,330 --> 03:49:48,790
Yeah, the motion is to sustain.

2278
03:49:49,570 --> 03:49:51,810
And a second, we have a second.

2279
03:49:57,820 --> 03:49:58,900
All in favor?

2280
03:50:00,000 --> 03:50:00,960
Aye. Aye.

2281
03:50:05,380 --> 03:50:05,720
No.

2282
03:50:07,920 --> 03:50:12,320
You checked. In favor. In favor. So, would you call the roll? Let's make this simple.

2283
03:50:16,100 --> 03:50:18,100
The motion is to sustain.

2284
03:50:18,940 --> 03:50:20,420
The county's objection.

2285
03:50:22,020 --> 03:50:22,620
No.

2286
03:50:24,740 --> 03:50:26,800
Mr. Thomas? Yes.

2287
03:50:27,760 --> 03:50:28,620
Mr. Nugien?

2288
03:50:29,920 --> 03:50:30,960
Did you call for discussion?

2289
03:50:31,780 --> 03:50:32,760
We already did that.

2290
03:50:35,170 --> 03:50:36,830
Mr. Anderson? Yes.

2291
03:50:36,830 --> 03:50:39,670
Chair Dean. Yes.

2292
03:50:42,230 --> 03:50:46,330
Okay. Now we're moving on. May I ask the chair a question?

2293
03:50:48,580 --> 03:50:48,920
Is there a

2294
03:50:48,920 --> 03:50:57,680
code compliance against the defendant or whatever the position is?

2295
03:50:57,800 --> 03:50:59,200
The hall is not the defendant.

2296
03:51:02,040 --> 03:51:04,400
Is there a compliance issue? Yes.

2297
03:51:04,620 --> 03:51:09,040
We've discussed a little earlier by Jay and there were questions that were asked

2298
03:51:09,040 --> 03:51:16,960
of him, and I just trying to remember correctly, was after the discussion that was on,

2299
03:51:17,360 --> 03:51:19,620
was there a closed complaint of five.

2300
03:51:20,800 --> 03:51:30,440
Has there been a formal issuance of the complaint, it's what I think the appellan is

2301
03:51:30,440 --> 03:51:35,100
asserting, is that there has not been, but they are aware of it.

2302
03:51:35,100 --> 03:52:04,900
Typically, and Devon, you can correct me if I miss B, is that there is a code complaint, and then they have a certain amount of time to settle that complaint, and the county can put in a dollar amount or the special master can put in a dollar amount per day if that situation is not cleared up.

2303
03:52:05,100 --> 03:52:34,740
And that typically motivates someone when that, because we've even taken property by using that position, so my feelings are that a solution has been offered here by let's give him and I don't disagree or dispute anything that Peter has said but what I'm saying it seems like there's a solution to this problem here.

2304
03:52:34,740 --> 03:52:52,800
without all the complexity, and that if code compliant were to file the complaint and start running a dollar amount per day and give him some time to correct the problems that were created by the previous owner.

2305
03:52:53,080 --> 03:52:59,760
And I certainly know that it runs with the land, the violation runs with the property.

2306
03:52:59,760 --> 03:53:09,960
So they could start that code complaint and and then put give him a reasonable and on a time to correct the environmental problems of what the

2307
03:53:11,180 --> 03:53:14,160
What had been created here, but also

2308
03:53:14,980 --> 03:53:19,200
Allow him to get a permit to move forward, but he would have to

2309
03:53:19,200 --> 03:53:25,300
Correct the problem that has been created by a previous owner that runs with the land

2310
03:53:25,300 --> 03:53:27,920
So he inherited that when he bought the product.

2311
03:53:28,080 --> 03:53:34,660
I'm mistaken, but I thought that there were two times that permits were turned down, and they never filed appeals.

2312
03:53:36,240 --> 03:53:37,460
If they had an opportunity.

2313
03:53:38,060 --> 03:53:40,160
It has nothing to do with the solution.

2314
03:53:41,080 --> 03:53:45,240
If I could, if the chairman could get a word, the...

2315
03:53:45,240 --> 03:53:53,420
What I have read in Assetain from the report and I guess the discussion, but I think from the actual staff report, is that...

2316
03:53:55,340 --> 03:54:07,140
Levels of cooperation to avoid. There is to avoid code compliance. You try to resolve this at the lowest level, which is a good thing.

2317
03:54:08,540 --> 03:54:13,880
And Commissioner Nujens Point, it's well known that my feeling about code compliance and fines.

2318
03:54:14,080 --> 03:54:17,900
I think one of the earliest things that I was involved was the case.

2319
03:54:17,900 --> 03:54:21,420
I think the funds were over a million dollars in the shelf at 38,000.

2320
03:54:21,700 --> 03:54:31,600
That is not, it's a relative proportion of what that was settled, that is not a driver.

2321
03:54:32,420 --> 03:54:46,160
I think Peter took the words out of my mouth before I could say it when he said,

2322
03:54:46,160 --> 03:54:52,780
price house that you do a title search or whatever, to ensure that you know the compliance

2323
03:54:52,780 --> 03:54:59,740
of the lot and how long this has been gone and that was not identified in the purchase.

2324
03:55:00,020 --> 03:55:18,040
And that has been brought up and to your point about time. Well, I think it was brought up that it was said that we wouldn't be here right now, if simply the appellant would have, the property on it would have said, okay.

2325
03:55:18,040 --> 03:55:27,040
This is recognized, and I is not compliant, getting just back to the conservation easement

2326
03:55:27,040 --> 03:55:34,140
and let's work in mitigation strategy to restore and obtain compliance for that single aspect.

2327
03:55:35,340 --> 03:55:40,620
The permit would be issued. The permit would be issued. We wouldn't be here if they've done that.

2328
03:55:40,620 --> 03:55:51,840
All they would have done, and all this time, it only had to come for, we'd say, let's work the deal, let's work a mitigation strategy, and that permission would be issued. We wouldn't be here right now. That's it.

2329
03:55:51,900 --> 03:55:54,080
Well, why didn't I do that? I don't know.

2330
03:55:55,160 --> 03:56:07,760
Well, why, why didn't we, we the county motivate the person to sit down and do that by filing a complaint with the, with the,

2331
03:56:09,100 --> 03:56:13,040
I think it's common knowledge and it's covered in the staff report of, I'm not mistaken,

2332
03:56:14,260 --> 03:56:21,080
that's what a remedy would be to move forward with this permit to do a mitigation restoration

2333
03:56:21,080 --> 03:56:21,560
plan.

2334
03:56:21,760 --> 03:56:28,280
I think it's in the document that says that was a way forward, but they chose not to do it.

2335
03:56:33,840 --> 03:56:34,820
Am I correct?

2336
03:56:35,080 --> 03:56:35,240
Yes.

2337
03:56:35,820 --> 03:56:36,900
That's all correct.

2338
03:56:37,660 --> 03:56:41,740
And I think the beach point, he pointed that out again to say we wouldn't some of the words

2339
03:56:41,740 --> 03:56:45,860
effect and I don't want to paraphrase this comment, but we wouldn't be here right now if

2340
03:56:45,860 --> 03:56:49,640
they would have done that. That way was there, it was clear,

2341
03:56:53,340 --> 03:56:56,000
and that's outside of all the

2342
03:56:56,000 --> 03:56:58,000
other things we're talking about.

2343
03:57:00,300 --> 03:57:05,100
That one thing could have, could have moved forward with this

2344
03:57:05,640 --> 03:57:05,980
permit.

2345
03:57:08,280 --> 03:57:14,200
So my point is, you know, it may be not relevant to this, but it personally

2346
03:57:14,200 --> 03:57:19,680
Ron Deems, thinks themselves as they're ever, and attempt to achieve any compliance or restore

2347
03:57:21,900 --> 03:57:25,560
the conservationism, but we're not here to discuss that.

2348
03:57:26,500 --> 03:57:27,800
So, I'd like to make a motion.

2349
03:57:29,140 --> 03:57:36,560
We're ready with making a motion completed if you've completed, come and say it right once,

2350
03:57:36,700 --> 03:57:42,380
one of these times, if you've completed your deliberations and you've concluded hearing from

2351
03:57:42,380 --> 03:57:47,120
those signs, I'm asking your questions, and you've concluded your deliberations, then it's

2352
03:57:47,120 --> 03:57:48,400
appropriate to make a motion.

2353
03:57:50,000 --> 03:57:54,660
Are there any other comments on our belief that there's two motions that need to be made?

2354
03:57:55,980 --> 03:58:00,040
And if I could just go through that, we've got to go through that together, right?

2355
03:58:00,500 --> 03:58:00,720
Okay.

2356
03:58:00,920 --> 03:58:01,860
Rose Perth Cutham.

2357
03:58:02,060 --> 03:58:03,580
So we'll take a one at a time.

2358
03:58:05,000 --> 03:58:11,480
I move to dismiss the appeal pursuant to the above for going jurisdictional defect.

2359
03:58:11,480 --> 03:58:18,400
And I think I can put these together and uphold the adverse written failed determination of the department.

2360
03:58:19,120 --> 03:58:20,180
We put the two together.

2361
03:58:22,820 --> 03:58:24,180
I would further vote them separate.

2362
03:58:24,880 --> 03:58:31,180
But because I think you're co-mingling two issues and it's very likely event this will get appealed further.

2363
03:58:31,640 --> 03:58:33,640
I'd be likened to the two things separate.

2364
03:58:33,660 --> 03:58:35,140
How would we request we split them up?

2365
03:58:35,420 --> 03:58:38,240
Okay, so I would like to dismiss this appeal.

2366
03:58:40,560 --> 03:58:41,740
Is your first motion?

2367
03:58:41,740 --> 03:58:42,160
Yes.

2368
03:58:44,220 --> 03:58:45,300
Do we have a second?

2369
03:58:46,680 --> 03:58:47,180
I'll second.

2370
03:58:47,540 --> 03:58:47,820
Second.

2371
03:58:48,100 --> 03:58:49,040
Commissioner Anderson.

2372
03:58:50,520 --> 03:58:51,960
Please call the roll.

2373
03:58:55,730 --> 03:58:56,590
Commissioner Scarf Alley.

2374
03:58:57,870 --> 03:58:57,930
No.

2375
03:58:58,010 --> 03:58:58,690
Commissioner Thomas?

2376
03:58:59,270 --> 03:58:59,470
Yes.

2377
03:59:00,050 --> 03:59:00,650
Commissioner Naja?

2378
03:59:01,050 --> 03:59:01,430
No.

2379
03:59:02,230 --> 03:59:02,910
Commissioner Anderson?

2380
03:59:03,370 --> 03:59:03,570
Yes.

2381
03:59:04,290 --> 03:59:04,890
Chair James?

2382
03:59:05,170 --> 03:59:05,690
Yes.

2383
03:59:06,610 --> 03:59:06,870
Hold on.

2384
03:59:07,050 --> 03:59:07,710
The second one's mute.

2385
03:59:08,090 --> 03:59:08,610
No.

2386
03:59:08,990 --> 03:59:09,230
No.

2387
03:59:09,370 --> 03:59:10,550
I think you need to vote on that.

2388
03:59:10,730 --> 03:59:13,110
I'm going to give him a really good advice.

2389
03:59:13,770 --> 03:59:16,270
So I'm going to ask him to rule in the alternative.

2390
03:59:16,270 --> 03:59:21,610
and based their second, and you know what the second motion they like to make.

2391
03:59:21,930 --> 03:59:26,970
Okay, then I make the second motion to uphold the adverse written failed determination of the department.

2392
03:59:29,680 --> 03:59:31,380
We have a motion, do we have a second?

2393
03:59:31,400 --> 03:59:32,160
I'll second.

2394
03:59:32,160 --> 03:59:33,000
Have a second.

2395
03:59:33,340 --> 03:59:34,300
Commissioner Anderson.

2396
03:59:36,200 --> 03:59:37,040
Any further discussion?

2397
03:59:40,580 --> 03:59:42,400
Hearing none, please call the roll.

2398
03:59:44,740 --> 03:59:45,700
Commissioner Scarpelli?

2399
03:59:46,720 --> 03:59:46,940
Yes.

2400
03:59:48,040 --> 03:59:48,780
Commissioner Thomas?

2401
03:59:49,080 --> 03:59:49,440
Yes.

2402
03:59:49,440 --> 03:59:51,440
Miss Nure Neja? No.

2403
03:59:52,520 --> 03:59:53,840
Miss Nure Anderson? Yes.

2404
03:59:54,660 --> 03:59:55,760
Charadines? Yes.

2405
04:00:01,580 --> 04:00:04,220
Thank you. Thank you.

2406
04:00:06,710 --> 04:00:07,230
Okay.

2407
04:00:09,870 --> 04:00:13,370
Board discussion. Anything to discuss? Board?

2408
04:00:14,710 --> 04:00:20,450
Press on a break, right? I don't want to get in the way of that. Gross management comments.

2409
04:00:22,490 --> 04:00:23,350
No comments, chair.

2410
04:00:23,350 --> 04:00:24,270
Okay.

2411
04:00:28,050 --> 04:00:34,890
With that said, I just want to, if, if, should Tom hasn't passed out yet, I want to thank

2412
04:00:34,890 --> 04:00:40,070
you for your support today, and especially another congratulations on being the county's

2413
04:00:40,070 --> 04:00:46,330
employee of the court extremely well deserved, I must say, and especially attentive to the

2414
04:00:46,330 --> 04:00:54,510
commission, planning commission, proceedings, and the Superstar and all the other meetings

2415
04:00:54,510 --> 04:00:55,190
you attend.

2416
04:00:55,730 --> 04:01:05,550
And I echo commissioner, shoals, kudos for you, Jethon, that you're everywhere, and

2417
04:01:05,550 --> 04:01:08,670
you do everything and you're extremely professional, well-deserving.

2418
04:01:08,890 --> 04:01:10,610
So thank you for waking up in the morning.

2419
04:01:11,190 --> 04:01:13,850
And with that, this meeting is adjourned.

2420
04:01:14,810 --> 04:01:15,610
Thank you, Mr. Chair.

2421
04:01:23,030 --> 04:01:23,630
This

2422
04:01:50,250 --> 04:01:54,710
is the story of a boy who didn't talk for a long time.

2423
04:01:55,270 --> 04:01:57,750
The boy liked things to always be the same.

2424
04:01:58,090 --> 04:02:01,330
Any changes would scare an upset him.

2425
04:02:01,990 --> 04:02:04,150
The unknown was an unfriendly place.

2426
04:02:08,690 --> 04:02:11,050
Boy was very sensitive to lights and sounds,

2427
04:02:13,470 --> 04:02:15,770
so he built secret hiding places where they

2428
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couldn't get in.

2429
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The boy didn't like looking people in the eye.

2430
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He wasn't trying to be me, and it just made him feel uncomfortable.

2431
04:02:26,340 --> 04:02:28,880
Sometimes, your flap is arms. It's getting in again.

2432
04:02:30,200 --> 04:02:32,860
One day, I found out I had something called autism.

2433
04:02:33,240 --> 04:02:36,940
My family got me help. Slowly, I found my voice.

2434
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And learned all the way, I could live with him.