Beach  SPECIAL MAGISTRATE VARIANCE HEARING MINUTES January 6, 2021  CALL TO ORDER  Special Magistrate Audrey Schechter called the January 6, 2021 Variance Hearing to order at 11:00 AM. The hearing was held at the Town Hall building at 190 - 173rd Avenue East, North Redington Beach, Florida. The Deputy Clerk confirmed that the Hearing was properly noticed. Special Magistrate Schechter stated that masks will be required to be worn at all Special HEARING ON APPLICATION OF VARIANCE FOR 17251 2nd STREET EAST: Special Magistrate Schechter introduced herself and stated that it is Wednesday, January 6, 2021 at 11:00AM. Thisi is a Hearing of the Special Magistrate fori the Town of North Redington Beach on the issues of variances and special exception uses. The function of the Special Magistrate is to hear testimony, receive evidence and make an impartial determination of whether a variance (special exception) should be granted from the provisions of the Municipal Code, as interpreted by the Building Official. The Special Magistrate, during the review of an Thisi is a public hearing, meaning the public has a right to attend and observe the proceedings. However, because the Special Magistrate is charged with the duty of making a quasi-judicial decision based upon thel law: and the evidence, public comment will only be solicited orr received by the public. Parties who are members of a specific group or association are requested to appoint a spokesperson who will represent their collective position. Individuals testifying do not have the right to cross-examine the parties, only the two parties (the Town and the During the hearing, the Special Magistrate will receive testimony and evidence that is relevant to the issues of the case. All testimony shall be under oath or affirmation. Documents and photographs received into evidence shall be made a part of the record of this hearing. Many cases need to be taken Under-Advisement and a decision rendered at a later date. In all cases the Special Magistrate will issue a written order within 10 working days and forward the All variances granted by the Special Magistrate and not acted upon within one year of being granted will automatically expire. The granting of a variance does not exempt the applicant from obtaining a normal building permit. Either side may appeal. Any appeals must be filed in the Circuit Court within thirty days from the date the order is received by the City Clerk from Special Magistrate Schechter asked for Town introductions: Bruce Cooper is the Building Official for North Redington Beach and Renee Schmader is the Deputy Town Clerk.  Magistrate Hearings.  application shall review the criteria provided with the case application form.  Applicant) may cross-examine each other.  order to the City Clerk for further distribution.  this Special Magistrate.  Plamning d Zoning) Variance Hearing Original Hearing. January 6, 2021 Recomening Hearing! March3.2021  Page lof4    Special Magistrate Schechter stated that any persons wishing to testify will need to swear to Special Magistrate Schechter asked the Clerk to call the case. Variance Request by. Jonathan and Kimberly Thornburg of 17251 2nd Street East, North Redington Beach, Florida. Special Magistrate Schechter asked the Clerki if there was any public correspondence received Mr. Bruce Cooper, Town's Building Official with SafeBuilt, presented for the Town. Mr. Cooper reviewed the application request andi thet town code's criteria. The application is recommended for denial as it does not meet any oft the criteria. Special Magistrate Schechter if the applicant had seen the Building Official's Staff Report; which he had not. A copy was provided by Mr. Cooper. Mr. Cooper made an additional marking on the resident's Application Page 6. Special Magistrate Schechter asked Mr. Cooper if he wanted his Staff Report entered in as evidence. Special Magistrate asked the applicant if they had any questions for Mr. Cooper about his Staff Report. Aquestion was asked, but Special Magistrate stated that general discussion would be Special Magistrate asked the applicant for introductions. Property owner Jonathan Thornburg and Edge Marine Construction representative Tyson Rawson. The property owner authorizes Mr. Rawson presented the Variance Request. He stated that the owner wishes to replace his dock and add a boat lift. There is a limited amount of space to work with since the lot doesn't have complete/full water access. Discussion ensued regarding the existing dock. Owner Thornburg was sworn in fort testimony. The current docki is within the property's setbacks. Mr. Cooper showed pictures of the propertylexisting dock. Special Magistrate asked the Clerk to accept the photos into evidence; Town Exhibits 2, 3, and 4 were accepted. Special Magistrate asked if the owner currently has a boat; he does not. Special Magistrate asked if the decision ofthis hearing impacts the size oft the! boat that he will purchase; no, the boat will be small. The proposed dock size is 11 feet long and 15 feet wide. The property owner and contractor did not know the current dock dimension. Mr. Cooper referenced Amended Page 5 of the Application - stating it appears to be the permit of the current dock and the size shows 10'> X 5'. Mr. Cooper shared an ariel photo of existing dock. The photo was entered in as Town Itv was decided that the magistrate would stay the proceedings. Special Magistrate gave the applicant 30 days - until February 6, 2021 - to notify the Clerk if they wish to submit an amended Application or to cancel. If they wish to submit an amended application we will Special Magistrate asked the applicant if they wish to enter their application in as evidence;  theoath of affirmation; which she completed with 2 people.  for this case; which there was not.  Town's Exhibit 1 was accepted.  held later in the meeting.  Mr. Rawson to speak on his behalf.  Exhibit 5. Discussion ensued about options for the applicant.  reconvene at a later date.  which they did. Accepted/entered as Applicant Exhibit 1.  Hearing Closed 11:37 AM  Plamning d Zoning Variance Hearing Original Hearing. January 6.2021 Recomening. Hearing. March3. 2021  Page 20f4    Respectulysubmited, K Renee Schmader Deputy Town Clerk  Hearing continued on March 3, 2021 below...  RECONVENING OFHEARING ONAPPLICATION: OF VARIANCE FOR 17251 2nd STREET Special Magistrate Audrey Schechter called the March 3, 2021 Reconvening of Variance Hearing to order at 11:01 AM. The hearing was held at the Town Hall building at 190-1 173rd Special Magistrate Schechter stated that all persons to speak were sworn in at the January Special Magistrate Schechter asked the Clerk to call the case. Reconvening of the Variance Request by Jonathan and Kimberly Thornburg of 17251 2nd Street East, North Redington Special Magistrate Schechter asked for re-introductions: Bruce Cooper is the Building Official for North Redington Beach, Renee Schmader is the Deputy Town Clerk, Property owner Jonathan Thornburg and Edge Marine Construction representative Tyson Rawson. Mr. Bruce Cooper, Town's Building Official with SafeBuilt, presented fort the Town. Mr. Cooper reviewed the revised dock proposal and his revised staff report. Mr. Cooper stated that his Special Magistrate Schechter accepted Resident Exhibit 2 (revised drawing) and Town's Mr. Rawson presented the revised drawing Exhibit 2. First, he asked to submit another drawing and three photos into evidence. The Special Magistrate asked Mr. Cooper to review the drawing and photos and asked if he. had any objections; which he did not. Resident Exhibit 3 drawing and photos 4a, 4b and 4c were admitted into evidence. The photos show what the dock looks like now from different perspectives and the drawing Exhibit 3 shows if the city's rules were met, what it would look like. To keep the dock off the setback would make it very difficult to take in and out boat. It would be a very difficult maneuver for the boat around the neighbor's dock/pilings. Especially difficult when adding in thet tides, other boats, the wind and the neighbor's concrete piling. Mr. Thornburg said that both of his neighbors approve and support the requested dock; it would help them as well. Mr. Rawson stated that Exhibit 4b is from Google earth photo shows old dock. The prosed dock/drawing Exhibit 2, allows for a clear, easy shot to and from the boat lift. The 4' wide dock would be solely for the purpose of  EAST:  Avenue East, North Redington Beach, Florida. Hearing and that oath still stands today.  Beach, Florida.  comments are the same from previous. Exhibit 6; both were admitted into evidence.  getting on and off a boat.  Plamning d Zoning Pariance Hearing" Original! Hearing, January 6.. 2021 Recomening Hearing March. 3.2021  Page. 3of4    Mr. Cooper had no questions and agrees with the difficultly to build within the Town rules as Special Magistrate asked the applicant what is the hardship? The Resident stated that he bought the property on the water to get a boat and enjoy that way of life. Not having a working dock could possibly impact them on resale value of home, definitely with the safety of getting on and off a boat and getting to and from the dock. He continued that the proposed dock also helps his neighbors with their dock/access. Mr. Thornburg does not have a boat at this time. Special Magistrate asked Mr. Cooper if he had any further questions. Mr. Cooper said he had no questions but wanted to make a statement. He said that typically a neighbor's approval doesn't justify a reason to give a variance; However, there are only two neighbors affected by the proposed dock. Mr. Cooper commented that he doesn't think that they can build any type of dock to make it work in the same space legally now and their actual proposed boat lift isa lot safer. Mr. Cooper thinks there is only a few similar properties in the town and that their proposal is the only way to get al boat lift to work there safely. Therefore, he thinks that Special Conditions do exist now and wants to change his report; but requested that if the variance is Special Magistrate Schechter stated since there is no public for comment this hearing is now closed. She will take the case under advisement and the Order will be delivered to the clerk  depicted in drawing 3.  granted it be properly recorded with the Clerk of Courts.  within 10 business days. Hearing Closed 11:24A AM Respectfully submitted, K Renee Schmader Deputy Town Clerk  Planning d Zoning Variance Hearing Original Hearing. January 6. 2021 Reconvening Hearing March 3.2021  Puge 4of4