CITY OF APALACHICOLA PLANNING & ZONING BOARD QUASI-JUDICIAL PUBLIC HEARING MONDAY, October 14th, 2024 City Meeting Room -746th Street  Agenda  (Planning Report & Comments from Letters will be available 1 week prior to the meeting, 10/7/24.)  Quasi-Judicial Public Hearing: Immediately following Regular Meeting @ 6:00 PM  1. Discussion & Decision for proposed Bed & Breakfast use int the C/2 Zone at 90 gth Street, more specifically described as Block 32 Lot 3 for Daphne Evanoff- Owner; Representative-s Self. Applicant  isr requesting approval of a special exception for a Bed & Breakfast.  Other/New Business: Outstanding/Unresolved Issues:  In our continuing effort to keep the citizens of Apalachicola informed, this agenda is posted on our website at www.cityofapalachicola.com prior to the scheduled meeting for public review. Additional information. such as the City Land Development Code andz zoning related maps, along with other development information is also available on the website for) your convenience. Please direct any questions concerning items on this agenda or the Planning & Zoning Board to Bree Robinson (850)323-0985 or brobinson@ctyolapofopalachicols.com,    Mayor Brenda Ash Commissioners Anita Grove Adriane Elliott Despina George Donna Duncan  City Manager Travis Wade Finance Director Lee Mathes City Clerk Sheneidra Cummings City Attorney Dan Hartman  CITY OF APALACHICOLA  1831  192 Coach Wagoner Boulevard Apalachicola, Florida 32320. 850-653-9319 . Fax 850-653-2205 . wwwayolapaladhiolacom  Bree Robinson - City Planner  9/16/24  P&Z  Public Hearing 10/14/24 City Staff Report  Background: P&ZI Publicl Hearing:  The following special exception requests items will be discussed, considered, and decided upon at the 10/14/24 1. Discussion & Decision for proposed Bed & Breakfast usei ini the C/2 Zone at 90 8th Street, more specifically described as Block 321 Lot 3 for Daphne Evanoff- Owner; Representative -Self. Applicant is requesting approval of a special exception for al Bed & Breakfast.  Advertisements giving public notice oft these requests and the public hearing were) published in' The' Times on /26/24,10/3/24, and 10/10/24. The advertisement language is within the agenda packet. Al Public Notice sign was also posted on thej property by 9/20/24." The content of the signi is attached to this report. Citizen Input was sought out through letters sent outt to abutting and nearby property owners 9/16/24 with direction to either return thel letters to City Hall with comments, email comments, or attend the Public Hearing. Comments will be  noted under Citizen Input Findings. Citizen Input Findings & Report:  The letters sent out gave al brief overview of the requests and had ai form on thel back for citizens to fill outifthey were for or against the Special Exception request and give comments on why or why not. 371 letters were: sent out on 9/16/24. Any comments received after this date will be presented at the meeting by staff. The results oft these  letters are:  For: PENDING Comments:  Against: PENDING Comments:  Letters are available forviewing at City Hall with a public records request.  1    The P&Z Board is tasked with reviewing the Special Exception request and determining ifit is consistent with the provisions oft the Schedule of District Regulations and in harmony with the purpose and intent served by the LDC. The P&Z1 Board is also tasked with determining whethert the Special Exception would adversely affect thej public  interest. Questions for thel board:  1. Isthis requesti in harmony with thej purpose and intent served by thel LDC?  a. The C-22 Zone is the Neighborhood Commercial zone. This zone is intended toi include retail, professional, office, financial, and other conventional commercial activities. Certainly, al Bed & Breakfast, is a commercial endeavor, but does this use lean into the purpose and intent ofthis zone? a. Thisl location is a direct neighbort to two local businesses and is otherwise surrounded by City b. Any B&B activities would be subject to the City noise ordinance in the event ofl loud activity. 3. Are there any appropriate conditions and safeguards in conformity with the City code that the P&Z a. Examples include: landscaping, parking, right-of-way clearance, etc. There has been concern over adequate parking being provided fort the guests - the City LDC requires that parking be contained on-site and the parking requirements require 1 parking spot per dwelling. Fort this development2  2. Ifgranted, would this request adversely affect the publicinterest?  owned properties.  Board would like to assign to the project?  on-site parking spots are required.  Possible Results: Ifthe P&Z Board wishes to:  APPROVE the Special Exception  There will need to be discussion oni ifany safeguard conditions are stipulated for this project and if  the board would liket to include at time limit fort the approval.  DENY the Special Exception  There will need to be: al basis of denial stated. Ex: The P&Z Board does not agree that the request is  inl harmony with thej purpose andi intent of the LDC for. this request will: adversely affect thej publici interestl based on  reasons or the P&Z Board believes  Applicable Code:  Sec. 111-274.- - C-2 neighborhood commercial.  O (a)Districti intent. The provisions of the C-2 districtare intended to apply to areas within convenient traveling distance to one or more neighborhoods whereins small groups or retail commercial, professional, office and financial and other conventional commercial activitiesare permitted. This district is noti intended to accommodate large-scale commercial or service activities or automotive (c)Special exceptions. After public notice and hearing and appropriate conditions safeguards, the  or other type of more intensive commercial activities.  planning and zoning board may permit, as special exceptions the following:  (1)Bed and breakfasts. Indoramusements: (pool, billiard, similar uses). (3)Service stations (no repair facilities). (4)Two-family. (5)Residential apartment units. (e)(3)Other principal uses Setbacks a. Front:: 15 feet. b.Side, interior lot: five feet.  2    c.Side, corner lot: five feet. d.F Rear: ten feet. (0(2)Other principal uses. a.Lot coverage: 60j percent. b.Permissible building height: 35 feet. (g)Applicable regulations. (1)Parking regulations. See section 111-288. (2)Sign regulations. See chapter113.  (3)Special exceptions. Unless otherwise specified, special exceptions must comply with development standards for principal uses. Ifdeemed appropriate byt the planning and zoning board in order to grantaspecial exception, certain more: stringent standards may be (5)Stormwater management plans. Commercial development requires a department of  imposed.  environmental regulation permitted stormwater plan.  Sec. 101-60.-Plamning: & zoning board.  (9)Pursuant to the policies regarding quasi-judicial hearing requirements adopted by the city on filei in the clerk's office, the review and disposition ofr requests for special exceptions consistent with the provisions ofthe Schedule of District Regulations and inl harmony with the purpose and intent served by this Code. A conditional use may be allowed in a district by special exception. In deciding such questions as are involved in the determination of when special exceptions: should be granted  and anya appropriate conditions and safeguards attached thereto, the board: a.Shall find thats such grant will nota adversely affect the publici interest  b. May prescribe appropriate conditions and safeguards in conformity with the standards set forth in this Code, the Code of Ordinances, the comprehensive plan adopted for the city, and any other applicable land development regulation adopted by the governing board. C.N May prescribe a reasonable time limit within which the action for which thes special exception was granted shall be commenced, completed or both. d.s Shall confer with the city commission prior to permit approval on alli impact  developments.  1.Requests for special exceptions shall be made in writing to thel building inspector, stating fully the nature oft the use or structure for which the exception is being sought. Such application, along with all documentation and: support material necessary int the consideration ofthe requests, shall be presented to thel board: staff 2.Publici notice: shalll be given ofaj public hearing and written notice thereofs shall be given tot the owner orl his authorized agent and, insofar as practicable, to owners of abutting properties and other properties directly affected by the request. In cases where property in question is adjacent to the city limits, the county planning department: shalll be notified of the proposed special exception. All hearings shalll be open to the publica cand provide opportunity to any party who may wish to appear in person, orl by agent or attorney. Applicants mayl be required to assume such reasonable costs in connection with requests as may be determined by the board 3.When, in the finding oft the board the granting ofas special exception is consistent with thei intent and purpose served by the particularzoning district for which the exception is sought and all other applicable provisions of this Code, the board: shall notify the applicanti in writing by certified mail of the decision and ofa any questions and safeguards attached thereto. The granting ofas special exception by the board shall: not confer upon the applicant any expressed: authority toj proceed with any development nots specifically permitted or for which noj permit has been issued  for preliminary review and recommendations.  through action in setting off fees to be charged.  pursuant to division 3 ofthis article.  3    Attachments: Advertisements Letters Sent Area (in red) Letters Sent Public Notice Sign Applicant Original Submittal  4    NOTICE OF PUBLIC HEARING-PLAN- NING&: ZONING CITY OF APALACHICOLA, FLORIDA The Apalachicola Planning & Zoning Board will hold a Public Hearing on Monday, October 14TH, 2024 immediately following the Planning & Zoning Regular Meeting at 6PM in the City Meeting Room, 746 6th Street, Apalachico- la, Florida to address thei following special exception requests and receive citizen comments relating to proposed changes on the parcel listed below. Adecision will imme- diately follow. The following special ex- ception requests items willl be discussed, con- sidered, and decided upon: 1. Proposed Bed & Breakfast at 90 8th Street, more specifically described as Block 32 Lot3. Applicant is requesting approval of a special exception for a Bed & Breakfast use in the C-2Zone. The Apalachicola Land Development Code allows fors such use if special exception approval is granted. All interested parties are ençouraged to attend and be heard with respect to this request. Fori further information, contact the City Planner, Bree Robinson, at 850-323- 0985 or brobinson@ cityofapalachicola. com. September 26, Octo- ber 3, 10,2024  Th Times  ######    Lelevs Rompi    NOTICE OF PUBLIC HEARING PLANNING & ZONING CITY OF APALACHICOLA, FLORIDA  The Apalachicola Planning & Zoning Board will hold a Public Hearing on Monday, October 14th, 2024 immediately following the P&Z Regular Meeting at 6:00PM ini the City Meeting Room, 74 6thStreet, Apalachicola, Florida to address the following special exception requests and receive citizen comments relating to proposed changes on the parcels listed below. A decision will The following special exception requests items will be discussed, considered, and decided upon: 1. Proposed Bed & Breakfast use in the C/2 Zone at 90 gth Street, more specifically described as Block 32 Lot 3 for Daphne Evanoff- Owner; Representative -Self. Applicant is requesting approval of a special exception for a Bed & Breakfast. The Apalachicola Land Development Code allows for such use if special exception approval is granted. You are receiving this notice because you are an abutting or nearby registered property owner of one of the above referenced parcels. We would appreciate your comments and ask that you please complete and return this form to the City of Apalachicola by: 4:00PM, Thursday, October 7th, 2024 fori inclusion in the staff report. Letters received after this date will be read aloud at the meeting by staff. Letters may be sent back to City Hall Attn: Bree Robinson brobinson@ctyorapalachicola.com. All comments sent in are available by Public Records Request. You are also encouraged to attend the Public Hearing to be heard with respect to this request. The agenda packet fori this meeting can be found at www.cityotapalachicola.com. City Hall, Attention: Bree Robinson, 192 Coach Wagoner Blvd., Apalachicola, FL 32320 or Ify you have any questions regarding this notice, please call the City Planner, Bree Robinson at  immediately follow.  192 Coach Wagoner Blvd. Apalachicola, FL 32320 or emailed back to  Please send your response to  email your comments directly to brobinson@ctyofapalachicola.com. (850)323-0985 or email brobinson@ctydrapalachicola.com.  (The form is on the back of this page.)    Please circle your response: Special Exception #1:  FOR AGAINST Comments:  Property Owner Address: Property Owner of Block:  Lot:  Signature: Printed Name: Date:    Sig- Postd  APALACNE  PUBLICNOTICE  1831  A$ SPECIAL EXCEPTION REQUEST FOR THIS  PROPERTY HAS BEEN FILED WITH THE PLANNING & ZONING BOARD FOR USE AS A. BED & BREAKFAST IN THE C-2ZONE  A PUBLIC HEARING FOR THIS REQUEST WILL BE HELD OCTOBER 16TH @ 6:00PM IN THE CITY MEETING ROOM (746TH STREET) QUESTIONS? CALL (850)323-0985 OR EMAIL BROBINSONQCITYOFAPALACHICOLA.COM    Official Use Only Date Received: a/12/34 Meeting Date: 10/14134 Fees Due: $1,6006 Date Fees Paid: 5/12/34  CyofApalachicola Planning & Zoning Application for Special Exception  OWNER INFORMATION  REPRESENTATIVE INFORMATION  Owner Daphne Evanoff Address PO Box 1111 City. Eastpoint Phone (850)899-3715  Name Email  State_ FL Zip_32328 Phone  PROJECTTYPE  X Special Exception  REQUEST STATEMENT: (Slateyourspecial exception request in one: sentence.)  Request to allow short term rental  PROPERTY INFORMATION  Street Address (911 Address): 90A8th Street City & StateApalachiola.FL Parcel ID: #: 0198.0M-30020m0 Zoning District: C-2 FEMA Flood Zone: AE Current Zoning: C-2  Zip: 32320  Block: 32 Non-Historic District  Lot: 3  Ix Historic District  OFFICIALUSE ONLY  Current Land Use: Parw/AMSAU STAFF NOTES/RECOMMENDATIONS:  Shaef  Pepat  FEES  Quasi-Judicial Special Exception Request  $1,600  NOTE: Please state in writing the full nature of the use or structure for which the special exception is being sought. Submit this application, statement, and any/all supporting material for the consideration of the request. The fee for a Special Exception application is due at time of submission. This is a conceptual approval through the City based on our. Land Development Code (LDC.)Please be aware that other documentation may be required by the Building Official.  1    CERTIFICATION  By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time ofapplication. Iacknowledge that I understand and have complied with all oft the submittal requirements and procedures and have read and understand the following:  1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification oft the area oft this petition. 2. I/We authorize staff from the City ofApalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed ini the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staffand may take up to 10 business days to process. Ifurther understand that an incomplete application submittal may cause my application to be deferred to the next 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board 5. I/We understand that the approval oft this application by the Planning & Zoning Board or staffi in NO way constitutes approval ofal Building Permit for Construction from the City of 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commençes on those changes. There will be no charge for revisions. Making changes that have not been approved can result in a Stop Work Order being placed on the entire 7. I/We understand that any decision of the P&ZI Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate ofAppropriateness is only valid for one year after issuance. They are renewable for six months without cause ifr requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, ifneeded. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards ofall laws 10. I/We understand that there will be no issuance ofa Certificate ofAppropriateness without the property owner obtaining Homeowner's. Association approval (ifi required) prior to the P&Z Board Meeting and/or before the beginning of an work and ini no way authorizes work that is in  posted deadline date. Meeting.  Apalachicola Community and Economic Development Office.  project and additional fees/penalties.  regulating construction ini this jurisdiction.  violation of any association rules or regulations.  1  912/2024 DATE  SIGNATURE OF APPLICANT    AFFIDAVIT  We/l, Daphne.Evanoff,  being first duly sworn, depose and say  that we/I am/are the owners of the property described herein and which is the subject matter ofthe proposed hearing; that all the answers to the questions in this application, including the disclosure ofinterest information, all sketches, data, and other supplementary: matter attached to and made aj part ofthis application, are honest and true to thel best ofmy/our knowledge and belief. We/I understand that thei information requested on this application must be complete and accurate and that the content oft this form, whether computer generated, or City printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and  all required information has been submitted.  As property owner(s), we/I further authorize to act as our/my representative in any mattersr regarding this Petition.  2 Signature ofP Property Owner Daphne Evanoff Typed or Printed Name ofOwner STATE OF FLORIDA, COUNTY OF rwtli  Signature of Property Owner  Typed or Printed Name ofOwner  The foregoing instrument was acknowledged before me this laH day of Seplmber 2034, by  Duplang Evdmff asi identification. (Notary Seal)g Commission  who is personally known to me or has produced  RENAE BRIDGES Commission: #HH334223 Expires November 20, 2026  NOTARY PUBLIC rinted Name: fommission Number:  3    To whom it may concern;  September 12, 2024  RE: Special exception B&B-C-2 90 8th Street Owner- - Daphne Evanoff  My story and why] I want an exception to: for al B&B/transient rental.  Imoved tol Franklin County in 19881 landing my first job as a server at the Gibson Inn. Logging trucks followed by pick up trucks with oyster sacks and tongs hanging out ofthe back rambled through town. The waitstaff attired in cumber buns and black bow ties watched and waited for customers to: sit at the beautiful appointed tables ofwhite linens and candles. The Reef, The Hut, The Grill and Frog Level were October 17, 2019-Thirty one years later my husband Bobby. James and I purchased this property. Originally the cottage and mechanic shop was built by the Sylvester and' Thelma Taritinos. One more couple occupied the cottage however, by the time we took ownership the property had been vacant for years. Hurricane Michael took its toll on the oaks and sycamore trees delivering final resting places on the Ity was al labor oflove, sweat, swearing and our friends helped tol bring her back to her original beauty. I believe Thelma who rests in sight ofthe cottage approves of our work. The cottage at one time was on the block as a demo to allow al larger CVS store, but due to the diligence of concerned citizens of In2 2021Igrieved for my dear friend Debe Beard. In April the cottage was filled with family and friends to celebrate her inspirational, wise, wonderful and sadly short life. Sitting on the front porch admiring the Chestnut Street Cemetery it came to me. 'Glance at the Past'. This would forever honor my friend who to this day touches sO many ofc our lives. Tol hear her voice on Oyster Radio brings a sadness yet pleasure The cottage now completed we: focused on the mechanic shop. This became my studio, my happy place. Landscaping design and installation by my neighbor changed the tree barren yard into an oasis and a Iwant to share my love and respect ofFranklin County with the guests who visit the Glance at thel Past'. Ihave created my own map ofmy favorite galleries and shops to lead them to works and the artists whom creations embellish the cottage. The walking distance to downtown and supermarket makes this a prime Your consideration to allow the exception for al B&B/transient lodging would truly be appreciated.1 I currently have three affordable yearly rentals in Eastpoint which are occcupied by members ofFranklin County work force. Ia as al business owner, I do understand thei importance oflong term lodging in our community. The proceeds for this rental helps me to offset the expenses ofhaving my studio space. I've finally been able to explore my creativity and techniques. My vision is to have guests stay at the cottage and participate in my workshops that would expand over several days. A visiting artist as a guest at the cottage could facilitate a workshop oftheir specialty for our community. There are sO many possibilities  thel local favorites.  cottage and Sylvester'ss shop. Damaged but not destroyed.  Apalachicola, this never transpired.  while her voice transports us on segments of'A Glance at thel Past'.  perfect back drop for my larger sculptures.  location for my guests to 'park it & walki it'.  on this unique property. Sincerely,  -  Daphne Evanoff    -  %  -  3    33N3 SNIT a NIVHO a  9'92  de designs  9 6  8  BUILbNG # 2.  90B  9E  E  Glance at the Past'  90 A  5  2ZL ,01  Gravel Parking  2'01  pathways  90 8th Street    Request for Special Exception  C-2-B&B  90 8th Street - Block 32 Lot 3  I'm requesting a special exception for the purpose ofallowing a B&B' (transient lodging) for the cottage located on the property listed above. The cottage was completely updated and renovated showcasing two bedrooms and two bathrooms along with an updated kitchen. It has a current license with the State ofFlorida Division ofHotels and Restaurants. My working studio is on the property. Guest will be encouraged to stop in and visit me while I'm creating. The studio space allows room for them to participate in creating a project as well. Iam currently working on developing a workshop Finding Balance in Mobile Design'. My vision is having a small group ofinterested guests renting the cottage together for the purpose ofcreating pieces ofart oftheir own while visiting Apalachicola. Ilike toh have visiting' artists stay at the cottage and facilitate a workshop at the studio as well. Currently, the cottage walls are filled with local artists pieces which showcase  the artistic riches of Apalachicola.    E  3  n E 6 & N a 8  6  9  6 - 6  0  3 5 5  Z    City of Apalachicola Business Tax  2,023 2,024  License Number Business Name  24-177 Glance At The Past STR-1Unit  Operating Under Section Number 15 Description Of Business Business Address Mailing Address Rate Issue Date Expiration Date  90 8th Street Apalachicola, FL 32320 POI Box 1111 Eastpoint, FL: 32328 $3.44 (Three Dollars and Forty Four Cent)  1/2/24 9/30/24  - 5  Travis Wade, City Manager    o) 1/1  Before OLTOBER 2018  Day of  Ownership OCTOBER 2019  90  Today SE PTEMBER 2024    90 8th Street  1/1  Before CCTORER20B  3  After  90  SEPTEMBER 2024    Guests of  Glance at  The Past'  :  Enjoying  the Studio    Guests of  Glance at  The Past'  GMa  Enjoying  the Studio    %    S  8 s  %  7    esy  9  7 02  7 A    o  9            90 8th Street  0 1/1  Before GCtOBER 2018  0)0  After SEPTEMBER 2024  90