A Redington lprth  SPECIAL MAGISTRATE VARIANCE HEARING MINUTES October. 20, 2020  CALL TO ORDER  Special Magistrate Audrey Schechter called the October 20, 2020 Variance Hearing to order at 1:00 p.m. The hearing was held ati the Town Hall building at 190 - 173rd Avenue East, North HEARING ON APPLICATION OF VARIANCE FOR 16699 GULF BOULEVARD/ABBY Special Magistrate Schechter introduced herself and stated that it is Tuesday, October 20, 2020 at 1:00 PM. This 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 lawa and the evidence, public comment will only be solicited or 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 bei filed in the Circuit Court within thirty days from the date the order is received by the City Clerk from Special Magistrate Schecter said that the town's former Special Magistrate, Herb Langford, passed away earlier this year. She said that he was an honorable man who did much for the 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.  Redington Beach, Florida. GABBY HOLDINGS LLC:  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.  beach towns of this area and he will be missed.  Planning d Zoning Variance Hearing  October 20.2 2020 Page Iof3    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. Deputy Clerk Schmader stated Variance Request by Abby Gabby Holidays LLC, owner of 16699 Gulf Boulevard, North Mr. Bruce Cooper, Town's Building Official with SafeBuilt, presented for the Town. Mr. Cooper reviewed the criteria and stated that he could not find any special conditions for the request to Special Magistrate Schechter asked Mr. Brekke if he had any question for Mr. Cooper and he The Applicant's representative, Dan Brekke, presented on behalf of The Conch Republic. They are requesting a 13' variance front set back to fill in with a hard covering over the outside open dining area. The rooflcovering would not extended further than the current building wall or roof line. Mr. Brekke said that they would accept al less footage ruling. The Conch Republic applied for a variance in 2004 for the same thing and was approved. The variance expired before the work was done. Mr. Brekke submitted the variance order to the record. The Conch will not be adding any seats, just comfort for their guests. Mr. Brekke asked the Special Magistrate to Special Magistrate Schechter asked Mr. Brekke if they want to match the building line exactly, which he confirmed with a yes. Mr. Brekke stated that when Gulf Boulevard was expanded it made the building non-conforming with the front setback. Mr. Keith Hines, who owns the property, and is a resident of the town and partners with restaurant new owners stated that he applied for the variance in 2004. In 2004, part of request was denied for side covering they asked for and front covering was approved. He believes the side portion was denied because they would have lost parking spaces and there was opposition by the neighbors. Mr. Hines stated that ity would be the same patio, same seating and arrangement. He said that they have been using umbrellas that become dangerous by blowing out, SO they want to cover it to remove the hazard. Mr. Hines said that he didn'tcomplete the project back in 2004 due to lack of funds and he didn'trealize there was an expiration date on the variance. He continued that COVID has changed everything (in the restaurant business) and they are just trying to protect and accommodate the guests. Special Magistrate Schechter asked how many umbrella injuries does he think he has had and Mr. Hines answered 8-10 over the years. Special Magistrate Schechter asked why is there a 16-year lag in between his variance requests? Mr. Hines answered due to funds, the variances expiration, just kept using the umbrellas but then last year brought in partners for the business and they all would like to have a roof. Special Magistrate Schechter asked when Gulf Boulevard was widened? Mr. Cooper said that he thought it was back in the 1950's or 1960's after the building was built. Mr. Cooper had no questions for the applicant. However, he showed a google picture to the Special Magistrate of the restaurant. Special Magistrate Schechter asked if the covering would be metal or canvas and if the posts would be contiguous with existing restaurant wall and would there would be a roofo overhang? She also asked Mr. Cooper if he had a rooflcovering preference? Mr. Cooper said not really, but guessed that cost would be a factor of their decision. Mr. Brekke asked for flexibility of choice ini the variance. Mr. Cooper noted that his memo had an error; he made the correction and submitted it to the Special Magistrate. The original memo said 20 feet setback and it is actually 25 feet. Special Magistrate Schechter asked if he would like the memo placed  the oath of affirmation; which was completed with 3 people.  Redington Beach.  be granted. Recommends denial.  did not.  please approve their request or a variation ofit.  Plaming d Zoning Variance Hearing  Octoher20.2020 Page2of3    in as his exhibit? Mr. Cooper said yes. Town Exhibit Number 1 - Mr. Cooper's revised Staff Report. Applicant Exhibit 1 was taken of the Order Granting Variance dated February 17,2004. There were no objections from Mr. Cooper. Special Magistrate Schechter questioned Mr. Special Magistrate Schechter asked if anyone would like to make a public comment. John Messmore commented that he is an adjourning property owner. He can verify that the storms come up quickly, creating havoc and that he supports the granting of the variance. Mr. Messmore is a residential and commercial owner in North Redington Beach. No further Special Magistrate Schechter stated that she will take the case under advisement. The hearing  Hines about the ownership back in 2004. There were no further questions.  comments.  closed and the Order will be delivered to the clerk within 10 business days.  Meeting Adjourned 1:46 PM. Respectfully submitted, WL Renee Schmader Deputy Town Clerk  Plaming d Zoning Variance Hearing  October 20.. 2020 Page3of3