I pledge allegiance to
the flag
of the United States of America, and to the republic for which it stands, one nation,
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Okay,
we
have roll call.
Okay.
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Vice Chair Butler?
Here.
Board Member Dyer?
Present.
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Present.
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Present.
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And then alternate Board Member Lanier? Present. Thank you.
Okay, has the board looked over the minutes?
There were no minutes for this meeting.
Oh, because it was a special meeting?
The special meeting,
yeah. I got to
catch up.
Okay. That's what was confusing. Okay, we just need approval of the agenda. I need a motion to approve the agenda.
I have a motion to approve the agenda, please.
I have a second. Second. All in favor? Aye. Aye.
Aye.
Okay. No old business. New business. The 800 North Fisk fence height waiver.
Yes.
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If
you want to tell us about that.
Sure. Thank you. Good evening, board members. I'm Jen Webster, planner
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And this is, the item is the 800 North Fisk fence height waiver from Article 13, Section 5, visual screens ‸ from our zoning code.
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Section 8, waivers from certain code provisions. The
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Section 5, visual screens, which is fences, walls, and hedges, providing the procedures in Section 8C are followed and findings are made, including the initial finding criteria, that the need for the proposed waiver arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. If the Board of Adjustment makes a positive finding in the initial criteria above,
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each of the secondary criteria before granting a waiver. If the Board does not make a positive finding in the initial criteria, the Board could potentially deny the request, but also hear and consider the secondary criteria. And the request tonight is the consideration of a waiver request from Appendix A, Zoning Article 13, Section 5, to waive the 6 foot maximum height requirement in the RU 215 multi-family zoning district in order to allow an 8 foot tall fence to
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Park.
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Fisk and Dixon. And the
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The owner,
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representative. We do have the applicant and a representative of the Condo Association in the audience tonight if you have any questions. The zoning district, as mentioned, is multifamily RU 215. The future land use is medium density residential.
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And currently there exists an 8 foot, the combination of an
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wood fence on the north and south property lines and an 8 foot chain link fence in the rear of the property. Portions of the wooden fence are either deteriorated, damaged, or missing. And the complex experienced some crime related activity due partly to the condition and instability of the fence. And so the applicant is requesting to replace it with a total of 1,025 feet of stockade wood fence along the property line, approximately 402 feet on the north side and approximately 576 feet on the ‸ south side.
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access.
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of the property. That's for the chain link portion and for a 230 foot segment of the property line on the north side. The justification for the variance at the time was that the property had been subject to various burglaries, car thefts, and trespassing at that time as well.
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‸ already has a variance. Therefore, the actual requested waiver is for 795 feet of fence. So they're already permitted ‸ to replace that 230 foot portion of 8 foot fence. And in 2008, the property received a planning and zoning approval for minor site plan amendment, which included an 8 foot aluminum fence and gate across the front of the property, which has since been removed. The owner has expressed interest in having the front gates replaced at a later date.
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feet of fence, which was denied due to the 6 foot maximum code requirement. After the permit was denied, staff recommended the applicant request an administrative waiver, which allows the city manager to consider and administratively approve the request, which in the cases of fences allows an increase in height to no more than 2 feet. Also for administrative waivers, the applicant must show that the request is consistent with the public interest, does not adversely affect surrounding properties or the general welfare, and does not undermine the intent of the code. The applicant was unable to obtain the required approval affidavits from the abutting property owners, which brings us to this request before the board this evening. And the requested waiver was analyzed according to the criteria in Appendix A, Article 17, the initial criteria being does the need for the proposed waiver arise out of any physical surroundings, shape, topographical conditions, or other physical or environmental conditions that are unique to that specific property. And in the analysis, we considered the applicant's response or main reason for applying for the waiver, which is that
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However, per the required criteria, there are no physical surroundings, topographical conditions, or other physical environmental characteristics that are unique to that property. It has no regular uneven elevations. It has a symmetrical rectangular shape. The conditions are not
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So,
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physical constraint or hardship. Although staff determined the initial physical hardship criteria was not met, there were other factors analyzed in the remaining criteria, such as. Are there practical or economic difficulties preventing carrying out the strict letter of the regulation or meeting the six-foot requirement, and that it is ‸ not based exclusively upon a desire to reduce the cost of developing a property. And will it substantially increase the congestion or surrounding public streets? Will it increase the danger of fire or other hazard?
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surrounding area? And is it in harmony with the general intent of
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And so, the conclusions were that the strict application of the regulation would not create practical economic difficulties for the applicant. Conversely, an eight-foot fence is more costly than a six-foot fence and would be considered an investment in the property's security.
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prevention and the security of the existing property. The waiver will not increase congestion on surrounding public streets or create any additional hazards to the public. Conversely, the fence would contribute to the Crestview resident's safety. The requested waiver is limited to vertical fencing and does not impact traffic flow, ingress, egress points, or site circulation. As a crime deterrent, the extended fence could result in a reduction of crime-related activity. The waiver request is not anticipated to diminish property values in the area, nor is it anticipated ‸ to substantially alter the essential character of the surrounding property. With the fence being a replacement of an existing eight-foot fence, the character will remain the same.
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and the code.
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in that it encourages the redevelopment of areas that are exhibiting evidence of decline. And with image and identity that the city should maintain and updates its vision for the city's urban form. Also, the city should enhance the quality of life and prosperity of its citizens. And for neighborhood protection to be respectful of established neighborhoods. And with regard to the ‸ zoning code regarding nuisances, ‸ any structure or grounds visible from any property in a defective, deteriorated, or unrepaired condition, which is either unsightly and interferes with the reasonable enjoyment of property, anything detrimentally affects property values in
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surrounding neighborhood, or anything otherwise dangerous to health, comfort, safety, and convenience of general welfare.
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the fence is intended to address the concerns of crime-related activity in the community, the applicant did not demonstrate that the property has unique physical surroundings, topographical conditions, or other physical or environmental characteristics, as is required by Appendix A, Article 17, Section 8. Because staff found that the initial threshold criteria for granting a waiver has not been met, staff cannot recommend approval of the requested waiver. However, the applicant is permitted to replace the 230 feet of 8-foot fencing, as defined in the 1992 variance. So, this evening, staff recommends that the board deny the waiver request from Article 13, Section 5, visual screens,
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the height of a fence from 6 feet to 8 feet in a residential zone for the property located at
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Thank you.
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And as I said, the applicant and owner representative are in the audience, if you have any questions.
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the board have any questions asked?
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I have a couple.
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Jennifer.
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Yes. So it said, I think you made the comment that the property owners in the neighborhood were not able to have a, you
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we went from 6 feet to 8 feet?
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So, that's just a notification.
Okay.
So, looking at the administrative waiver, that requires the applicant to ‸ literally get an affidavit of approval from ‸ just the abutting property owners.
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They
weren't
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able ‸ to get all of them. So, it has to be unanimous approval from all of the abutting property owners, which I think...
So, he
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got
some, but not all?
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Possibly, yes. So, yeah.
Okay.
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We don't know how many.
Okay.
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is already at 6 feet, and part of this fence that is at 8 feet currently?
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Yes. I believe most of the deteriorating fence is 8 feet.
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the property.
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in
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the part that he wants to make all of it 8 feet?
Well, there
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these
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certain sections. Let me back up to ‸ the diagram. So, right now, only where the blue lines are, are the sections where they are
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Yes.
Okay. So, the blue line now is at 6 feet, and
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So, it has been 8 feet. Unfortunately, ‸ staff wasn't able to find
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but we believe that it has been there quite a long time. So, we're
going to grandfather that in?
Well, not necessarily. That's the question tonight. So, if the fence is completely taken,
in
this case, the fence would be non-conforming to the code. If, you know, if we can't find a prior permit for it, you know, if the entire thing ‸ was removed, it would have to be replaced with something that is conforming,
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And would this be a wooden fence again, or is it going to be a chain-link fence?
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The same wooden fence as there
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now?
I believe
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it's ‸ the same style of fence
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It
would be, but we're butting up against a chain-link fence placed by the city at 8 feet.
You have to get sworn in before you can speak.
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We'll get to you in a minute, sir.
Oh,
I'm sorry. That's okay. That's okay. They
looked at me. That's okay.
That's okay.
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and we all, ‸ sometimes we don't get them right, and then the attorney has to step in and help me. So, yeah. Okay. So, okay. So, I just want to make sure I have it in my head clear so I can make my decision. Thank you. I think that's all my questions for now. Thank you, Jennifer.
So, I ‸ would like to hear from the applicant to hear what some of the issues are, or if you could just fill us in a little bit more, give us
some
information, and especially with the process. Okay, we're not there yet.
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I
am Richard Alexander. We
still got some questions. I'm
sorry.
I'm sorry. Let me help you. Okay. Hi.
Good evening, Jennifer. Hi. My question was, what was the second option to approve? I thought I saw that ‸ maybe on slide two or three. If we couldn't go with the first one.
Yeah.
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‸ so really the basis of approving the waiver is meeting that initial criteria. So, if that initial criteria is not met, that kind of automatically falls into a denial. However, just in context of the request, you know, we looked at the ‸ other criteria, just just to kind of, you know, give the whole picture of the reason for the request.
Thank you.
Do
you want to
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add anything?
Okay. Does the board have any other questions for the city? Okay.
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Okay.
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The other speaker is the applicant. Okay. Okay.
Which is rocket fence. Three, two, one.
Yes.
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Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do.
Thank you.
Thank you. ‸ She started, and then I follow her. Would that be polite? Thank you.
yeah that's
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Fine. Thank you.
Members,
I'm
Mariana, and do
you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Thank you. We're here today because I went to fix a fence that is completely dilapidated. It is going to be a wooden fence that is going to go right back up. Currently, the blue lines that you saw up there are existing eight-foot-tall fence. Right now, they are ‸ on four-by-fours. I will be putting them on four-by-sixes, so they are going to be maxed out and last longer than what the current fence was. From my view of the fence, it looks like it's been there for a good 13, 14, if not 15 years. So it's been there quite a long time. The residents to the, the residents
of budding
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the property. One is another condominium, which are super happy about getting the fence replaced at eight-foot-tall as well. The people on the right never complained about the fence being eight-foot-tall. It gives them privacy from the condominium area. The reason that that front fence needs to be replaced is because of crime in the area. I actually worked for another fence company when that front part was approved, and it was ran into consistently from people running from the cops. And so criminals will take that area if they're running away and try and go through. If they have a six-foot-tall fence, they're going to want to scale it. It's
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Additionally, I did bring some sheets that show that that specific address is listed on the right-hand side on the top corner, and it shows the statistical data of the crime rate in that specific area. ‸ So, on the first page, it basically says that that particular spot is only safer than 19% of the entire U.S. neighborhoods.
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‸ per square mile in that particular neighborhood.
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in that neighborhood. So, ultimately, putting this fence back up in the eight-foot-tall is not only going to, one, get the dilapidated fence out of the way. It's not going to make a bad situation for either the neighbors on the right or on the left. And if you pull back the blue lines, you can see that we are far behind any visibility from the road. It's not going to impact any traffic. Everybody's going to be able to still come in and out of the property. ‸ It'll be safer for the residents.
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that nobody ever complained about having ‸ the fence there to begin with. And again, there's an eight-foot-tall chain-link fence that was installed by the city. What we're trying to do is try and make it look more like a residential place for the residents inside of our complex.
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It is. The zoning is a RU215 multifamily.
Multifamily. Okay. Okay. Any questions? Any other questions? No? Okay.
Go ahead.
Mr. Rick would like to. Yeah.
If, I guess, I don't know if this question is for Jennifer or, because if we're forced to say, if we're forced to deny, what's their next step to get the approval for the eight-foot fence? Because they prefer an eight-foot instead of six-foot.
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So, staff would go back to recommending the administrative. Waiver.
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owner affidavits. Okay. And that's right. And that's just, it would just be a matter. And if you look at, if you look at the aerial view,
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be a
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you know,
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[00:22:52] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice · overlapping voices
published the property, you know, to the north east and southeast is the city. So, and then you have a few single-family homes to the south and you have two single-family homes to the west. So those would be, the parties you would need affidavits from in support
of the ‸ I
guess
I would just add that the other option is for them to you know discuss the with ‸ the City Council changing the code you know whether or not I can't say of course,
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amenable to that, but, you know, that would be a policy decision for them to me
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In the, in the zoning, in the fence code, the, under the residential category, it breaks it up residential, commercial, industrial, and within the residential category, it breaks it down even further. single-family multifamily, like one to four units, multifamily, five to nine units, multifamily,
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[00:24:00] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice
or more units. So there isn't even a subdivision within the residential, you know, so that's a possibility as council mentioned to, consider, a revision to the code in that one section for multifamily exceeding
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or more units.
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The, well, probably the administrative waiver would be
‸ I will say that I spent months trying to get these waivers signed and I got three of them back but I will say that I got no
no's.
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additionally
would like to note that Brevard County County ordinance for a fence will allow the eight-foot-tall fence and ‸ it's where like,
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where it's residential here, but commercial here. And with the resident, when it's at a commercial, they allow that eight-foot-tall barrier to be next to a residential ‸ lot so
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and
Jennifer if a motion was made to not accept staff recommendation and move forward with the fence, this would only apply to this applicant, correct?
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the segment. We could put a condition that it's for the segment of fence that
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left everything back yeah
because
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build fences which is really awesome and I appreciate the fact that you've gone around and done your due diligence with the neighbors which is very important I drove by that's on the way to my house and so I just like to hear from the property owner some of the issues that you've seen that maybe your residents have had concerns about that would ‸ prompt you to go to to come before us this evening.
Thank you. It's my honor to be in front of the council as you can tell
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presence and the honor I do not go into courtrooms often
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little bit of history on 800 North Fisk we acquired North Fisk as a company keys property management some time ago I wish I could give you years I can only be accountable for what I have done But during that time, they put the taller fence up because of shootings and gang related incidences. it also incurred control of the front when I was assigned my first impression was it was more like a jail.
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from being part of the community when I came in I started to address some of the things the residents were concerned about. Security was one. We had a security company that did backport security. And if you're not familiar with that, it's using the committee it's using the residents to call them when there's a problem. And then they would call 911. my maintenance man became the security guard during the day, basically. And we started working on lights. We put in cameras. We went for a vote to remove the front gate. We went for a vote to paint the buildings. We replaced every roof.
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‸ to take care of replacing stairwells.
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My goal is to become part of the community and blend in with part of the community. it did take me a while to get security I now have I was using coco police department for our weekends
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highly enough of coco and their police department because they worked well with me trying to control the unwelcome guests to the drug dealing and things and shootings and I've
been shooting
guns into the city property park and it's been it's been awakening but
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Once we get the stairwells done, we get our fence up. we're then going to do concrete restoration because
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that changed into condos it's a conversion I mentioned special assessments if you've been a part of the community and you've seen 800 north fisk you know what I came into and you look at it now and you see change if I have a fence it becomes of security and also reliability It gives my Curtis security guards, which they're armed, by the way, because they're the only folk that would take it because ‸ the reputation of 800 North Fisk, and they're out of Orlando. and I met them at cii trade show but I once I get my fence our front is open we're going to landscape it. It's going to look nice, guys. We're going to have an in in and ‸ out. That fence is going to prevent any escape if we have any happenings. They're going to be confined to going in and out.
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request of the cocoa police and emergency services and it made sense why do I want to tie up give
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I have problems next door with the condo beside me, dealing with the drugs and hopping the fence and going in between the planks.
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I don't know, I discovered that when the storm came. And people
are
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just hopping over that fence. The eight-foot fence has been a part of their lives. And when we have
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it's going to look good. The property's going to pop.
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I just need help to get there. I need to protect the tenants and my owners. They're aged. They're on limited incomes. And these special assessments are killing them. But they're paying it and giving me steward to that money to help them improve this property. And that's all I can do is reach out to you and ask you for the variance for this property only.
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Now, we do have the president of the association in the audience if you want to see,
hear
from her too.
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But I beg the council to consider approving the variance for this property.
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Thank you. Any questions?
Thank you.
Thank you. Thank you, Richard.
Anybody else want to speak? Or any other questions from the board?
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Can I just clarify really quickly? So the waiver they're asking for is for the 200 additional feet that they were trying to convert from the six foot to the eight foot fence. Is that correct?
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they're already permitted to install
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Without any board approval. So, they're asking to go the additional two feet for that length of fence, 1,025.
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Right.
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[00:33:54] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice
Understood.
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ask one question? um You mentioned uh special assessments and the actual inhabitants of the building. uh has there Was there a cost analysis of the difference uh for a six-foot fence versus an eight-foot fence and how that would be passed on to the folks living there?
we
about we did special sets for the replacement of the eight-foot fence. ‸ This was hurricane damage, by the way. i forgot that I forgot to add that. We had a microburst at building five that ripped off the roof, tore our fence apart. I could not get the materials during the state of emergency to repair the fence and replace it. So we did the right thing. We started the paperwork. But that's where it all started. I just wanted to let you all know.
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up to the podium? Sorry.
Again, I don't know what I'm doing. It's double the cost. So they're paying twice the cost for this eight foot tall fence.
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half feet compared to a two and a half foot for a six foot tall fence. um It is uh double the cost. And they just said, let's do it. Because it needs to be done. And my recommendation for a fence that tall and the fact that the the skinnier posts will rot and decay much faster, causing the wind to knock it down
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I mean, of course, a huge act of God. Nothing's going to change that. However, what we're putting in is much
beefier
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And it is double the cost.
Any savings that would happen in these special assessments are going to be absorbed in the material costs that we're experiencing in the country.
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that are part of this special assessment to keep the second landing up. And we also have rebar that needs to be addressed. And this is all in ‸ special assessment, by the way. But it only covers four stairwells. ‸ the reason
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And then we can break up the others moving forward, doing one every year. Well, not one, but a series of them until they're all done. And that's budget friendly.
So let me understand a little bit more. Is there a board within the community or was there some sort of vote put it to the folks living in the community yes about the cost? And they chose to have an eight foot over a six? Yes. And that was some kind of majority vote or something? and that
majority vote wasn't taken because
we were
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replacing a fence for a fence. So there's no alteration there. But the board did put out the special assessment and
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gates, etc. These are
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It's just roof for roof, fence for fence in our minds. Yeah.
We
didn't expect to step into this puddle. We really did not.
Yeah. The fence for fence makes sense. But when... So you're here asking for an eight foot fence versus a six foot. Like there there there is a difference in my mind. They're forcing a six
foot fence. No, I'm sorry. There
is a difference. However, what's there is an eight foot tall fence. Yeah, ‸ What the community is used to. So there wasn't a
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tall fence because the need wasn't there. right
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But the quote and all the documentation that they would have seen would have been for the cost of an eight foot fence, not a six foot fence.
Right.
Okay.
Six foot fence. it
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Sorry, i'm I'm a little nervous too. I love to speak, but I get nervous. I get tongue tied for words. For the
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from a six foot fence. An eight foot... then They're not going to have a view like they could if they get up on a two by four on a six foot. So that just goes back to us being young kids.
‸ No, i I get it. I appreciate everything you're sharing and I mimic what some of the other board members have said about you guys. Yeah, I have a question. Maybe I
missed it. Is this an HOA or a condo?
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I'm sorry.
Okay, it should have the reserve account for the fence. Well,
that's a you would think they do. They're going to now. uh Over the years, no one was running reserves because they weren't forced to. They didn't have a call for it. So when we went to go into the buckets, there was none.
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to provide. It was association owned units to provide monies to change all the roofs. When we went through that bucket, well, then here comes a hurricane. It took off our five roof, which was 600 000
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we had the insurance folk come in. Now they're telling us that this has to be done. That has to be done just to get insurances on top of that. My hands have been full, but we've been, by the grace of God, able to cover the costs. ‸ They will have reserves moving forward. Matter of fact, i'm going to have a phase one ‸ I highly
suggest that.
oh yes. I'm going to have a reserve ‸ It's a
pain, but it's here for a reason. Yes, sir. I agree.
you Ready for a motion?
Yeah. Matter of fact, if I may add,
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Even though they're not required, it's an old enough building that this is going to be done right.
Yeah. Thank you. Because I'm a community manager. I have my license. I've done it for a while, so. You
know what I'm up against. I'm very appreciative of that. Bless you. Both.
Let's have a quick question, miss Jennifer. um If the board approves uh the property for this specific property, but in the future the uh the fence gets damaged again by a storm or whatever, and they have to replace it again, will they have to request another variance?
No. um
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puts on the approval would be for um the the length, a certain length of fence in a certain location, uh that stays with the property, so they wouldn't have to re-request um replacement. um But, you know, we have our our typical language in our um ‸ in these cases where one of the conditions is is if the if this if the waiver is expanded or enlarged or, you know, that it would have require another appearance before the board. If they, in in other words, if they wanted, like say tonight you were to
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needed later to come back and add another segment or portion, they would have to come and request that
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can you go back to the photo of the fence before I make a motion?
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the wood, correct? And the chain link is already at
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feet, correct? All right. Are we ready for my motion? Any
other questions?
Thank you so much. No, it's been a pleasure. Thank you guys.
So, I'd like to make a motion that we grant the approval of the
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fence with the required
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Any opposed? uh
Is that motion, is that okay? The way I'm looking, the attorney's looking at me.
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how many feet?
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So, so just to specify that you are,
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you're in turn recommending approval with certain conditions,
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according to the diagrams that are in the plan. Yes, ma'am. Okay.
Thank you.
okay
uh ‸ Any other business? No. um
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the adjournment is
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can
have a motion with German other meeting move to ‸ adjourn
second and
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thank
you so much thank
you
you