MEXICOBEACH  CITY OF MEXICO BEACH PLANNING AND ZONING MEETING PUBLIC WORKS BUILDING MONDAYJANUARYS; 2024 AT 6:001 P.M.  Julie Gardner- - Post 1 Leel Ellzey - Post 2 Jack Kerigan - Chair- - Post3  Rock Kries - Post 4 Steve Cox - Post 5 Alternate 1- Open Alternate 2- Open Tammy Brunson, City Clerk  Clint McCahill, City Attorney Chris Hubbard, City Administrator  I.  ROLLCALL II. CONSENT AGENDA  1.N Minutes - December 4, 2023  III. Swearing in ofLee Ellzey and Rock Kries - City Clerk IV. Variance - Gulf View Motel - Allara Mills Gutcher, tpc  a. Open Public Discussion b. Close Public Discussion Discussion  d. Recommendation for Approval or Denial to City Council  V. MOTION TO ADJOURN  Emailed toi interested parties andj posted ont the city website on: 01/04/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachf.gov This meeting will be recorded on *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record of the proceedings is made which may need to include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation: att this meeting because ofa a disability or physical impairment should contact Tammy Brunson, City Clerk, at 201 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior to the meeting. Ifyou arel hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using the  the website.  Florida Dual Party Relay System, which can be reached at -800-955-8770(TDD)    City of Mexico Beach MONDAY, DECEMBER 4, 2023-6:00PM  Planning & Zoning Meeting Minutes  The City of Mexico Beach Planning & Zoning Board met in ar regular meeting on Monday October 2, 2023, at 6:00 pm at the Public Works Building in Mexico Beach. Board members present were Lee Ellzey, Rock Kries, Julie Gardner, Steve Cox and Chairman Jack Kerigan. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney, Clint  McCahill. I.  Call to order: Mr. Kerigan called the meeting to order at 6: 00 pm.  Il.  Consent Agenda: Mrs. Gardner motioned, and Mr. Kries seconded to approve the meeting minutes from  October 2, 2023. Motion passed unanimously.  III. Regular Agenda:  1. Development Order for Forgotten Coast Villas was brought to the table. Carly Hanson, with tpc went over the Development Order request and was available for questions. Lance Watson with SCE gave an update on the changes to the project that were request last time they came before the board. Ms. Hanson and Mr. Watson were available for questions. Open public comment 6:04 pm - No public comments were made. Close public comment 6:04 pm. Concerns were with stormwater drainage issues, maintenance of the grounds and ditches. David McCullough with. JV Warren Construction explain how the drainage ditches will work once construction starts. Mr. Ellzey motioned, and Mr. Cox seconded to recommend approval of1 the Forgotten Coast Villas Development Order. Motion passed unanimously. 2. Proposed LDC revision = Adding lodging establishments to General Commercial Zoning District was brought to the table. Carly Hanson, with tpc explained hotels and motels are not listed as an principal use in general commercial zoning. The 3 hotel/motels in the city are in general commercial. Open public comment 6:21 pm - No public comments were made. Close public comment 6:21 pm. Mr. Kries thinks there should be a way to grandfather in the 3 existing hotel/motels. He thinks moving them into general commercial would allow future hotels to build in residential areas. They are currently allowed in tourist mixed use and tourist commercial which is where they should stay. Mr. Ellzey motioned, and Mr. Kries seconded to table the item to the next meeting to allow staff tol look at other options. Motion passed 3. Proposed LDC revision for accessory uses and accessory structures was brought to the table. Carly Hanson, with tpc went over the proposed change to section 2.02.02. Discussion included accessory structure height, sheds, fencing, hazardous materials, Open public comment 6:43 pm - Lisa Logan questioned 16ft structures in residential areas. She would also like to know what is driving these changes. Rusty Wright said do not let the maximum height go to be 241 fti in residential. Close public comment 6:51 pm. Discussion continued with accessory structure height regarding the chapel at the Driftwood Inn and is it possible to extend the Ordinance that allowed rebuilding in a pre-Michael footprint. Mrs. Gardner motioned, and Mr. Kries seconded to table the item to allow staff to update the changes discussed and take the Ordinance 7391 to council for possible extension. Motion passed  unanimously.  unanimously.    City of Mexico Beach MONDAY, DECEMBER 4, 2023-6:00PM  Planning & Zoning Meeting Minutes  V.  Adjournment: Mr. Keriganadjourned the meeting at 6:43 pm.  By:  Attest:  Chair, Jack Kerigan  City Clerk, Tammy Brunson    TPc thep planning collaborative Memorandum for Record  December 29, 2023  To: From: RE:  Mr. Chris Hubbard, City Administrator City of Mexico Beach Allara Mills-Gutcher, AICP  Gulf View Motel- Variance Application for Accessory: Structure (swing with pergola and  deck)  Project Address: 1404 Hwy 98 (Gulf View Motel) Parcel ID:04383-000-000 Applicant Contact: Charles Smith (northern half)  Future Land Use Map Designation: General Commercial (southern half) and Residential Low Density  Zoning District: General Commercial  Section 1: Project Description and Variance Request  The applicant is requesting that consideration of av variance be given for the Gulf View Motel located at 1404 Hwy 98, a +/-0.345 acre parcel. The variance request is to allow fora pergola on a deck with two swingstol be constructed withint thei front cornersetback beacompanyngdoumentisubmitedluyle applicant). Due to the construction of the deck, the structure is considered' Permanenrbymnebulaing  department.  The applicant provided thet following reason for the variance request:  "Rebuilding previous swing with pergola that was existing before Hurricane Michaelp prior to the storm. Due to regulations for motelparking, this is the only viable placement that swing can be  placed to: sit and enjoy the view of Gulf for Motelg guest.' "  The following photographs were obtained from historical data sourced from Google Maps:  Page 1of5    Source: Google 2015 archive  Source: Google 2011 archive  Varying information to assist in the determination of the request is needed but was not provided (or  otherwise not legibly provided) by the applicant. This includes:  The proposed setbacks with the installation of the pergola/swing (Section 7.04.02.B.2) Ifthis structure willl bei installed within an existing dedicated parking space Ifthis structure wille exceed the maximum impervious surface allowed Section2.04.01.0) Ifthes structure willl be located within any required buffer or landscape area (Section 2.04.01.B) The dimensions of the accessory: structure (Section 2.04.01.E)  Page 2of5    Section 2: Regulatory! Factors  The primary use of this propertyi is as al lodging establishment. Policy 1.1.4.F lists allowable uses within the General Commercial Future Land Use category, whichi includes those that are also allowable within Pursuantto! Section2.02.01.E6, allowable cesoyusein.uderares and shedsforoutside storage". All otherusesare prohibited. From a land use planning perspective, thisr requestis not consideredau use, but a structure which is subordinate and relies upon the primary use. Therefore, the accessory uses Thosef factorsthat are eligible fort thei issuance ofav variance include bulkregulationssuch. as lot size, floor area ratio, lot coverage, open: space, and building setbacks (Section 7.04.02.C). Therefore, in relation to this request, the only eligible factor ini the granting of a variance is the setback insofar as much that the "Setback" is defined in Section 6.01.00 as: The lateral distance between the right-of-way line and the roadside business, building, gasoline pump, curb base, display stand, or other object. The provisionof the: setback will resulti in: paeforvehclstosuparpothwdaNwwNndlerhtofoyine  the Tourist Commercial category. This includes "lodging".  section of the zoning district allowances does not apply here.  use and: structure are otherwise allowable.  The front of the primary: structure is considered the portion facing HWYS 98. Required setbacks for the General Commercial portion of the site are:  Front: Twelve (12) feet Rear:Ten(10): feet Corner: Twelve (12) feet  Side: Ofeeti if attachment easement is in place, five (5) feetifa abutting residential property  "Lot, Corner"is defined in Section 3.00.04 as: A lot abutting on ando att the intersection oftwo(2) ormore No methodologyis supplied within the Code to determine the corner setback requirements and how those are met. In addition, within this zoning district, the Codei is silent ons side etbackswhentherebnt an attachment easement inj place or when the property does not abut "residential property". AccessoryStructure'isdefinedinsection2.04.00 as: "A: rnucturcoonature-ndencentalondsubordnote tot the pricipalstructure. Accessorystructures: shalll be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if on the same premises where a building is attached to thep princpalbulding, its shalll be considered a part thereof, not an accessory building. .  streets. This lot would therefore be defined as a corner lot.  Page 3of5    Section 3:F Facts and Findings  1. C Consistency with Mexico Beach Land Development Code a. Article VIIS Section 7.04.02 Variances  The Land Development Code establishes measures for Hardship Relief including variances in Section 7.04.00. "The purpose of this section is to provide a method of relief for property owners ina a condition where iteralapplication oft this Code willi inflict practical difficulty or unnecessary hardshipstoaparticuar property or site that is uncommonto otherpropertiesin Mexico Beach, through no fault of the property Subsection D) of this same section includes standards of review stating, "the applicant must submit a variance requestthatdemonstratesthefolowing: standards have beenmet.Alstandardshereinmustbe found met prior to the granting of a variance."" The standards for review are analyzed below. . Special conditions or physical circumstances existwhich are particular to thel land and which are not applicable to other land subject toi the same regulations or policies such as the parcel size, shape, or topography of the land. For example, the variance is necessary to protect against  owner.  wetland infill or protected trees from impact or removal.  ReviewersResponse: Therei is currently a (motel) built on the site that lies within the required setbacks. The applicant did not demonstrate that there are special conditions or physical circumstances that are particular tothe siteand whicharenotaplable toc otherlandsubjectothe samer regulations orp policies. 2. The special conditions and circumstancesthats exist do not resulti fromt the actions oft the property owner or applicant or are a self-imposed hardship, nor could the condition or circumstances be corrected or avoided by the property owner or applicant. As such, the issuance of the variance shall not conferon thep petitionerthe grant of a special privilege. For example, ap property owner cannot bei issued a setback variance on a property that can reasonably contain a house witha  This criterioni isi not met.  smallerfootprint.  Reviewer's Response: The applicant has indicated that the proposed swing and pergola with a deck existed prior to Hurricane Michae alongside the motel. The swing and pergola are evidenced by this report's findings through historical photos, but the deck could not be confirmed. The condition that causedi the removal of the previous swing and pergola was not caused by the applicant. However, the swingandpergolas should have eclddnercrynee plan of thiss site1 to avoid ther necessity ofthis request. Duet tothel lack of informationsuppled byt the applicant such as setback of the placement 3. The reliefgrantedi is ther minimum gredfehneesayemae possible ther reasonableuse  oft the structure, this criterion cannot be determined to be met.  oft the land in compliance with all othera applicable regulations.  Page 4of5    Reviewer's Response: Due to the lack of information provided by the applicant, the issuance of this variance cannot be determined as "minimum degree of relief necessary". In addition, without the constructionofthe: swing andp pergola, the site is still ablet to reasonablybeusedasam motel. Thiscriterion 4. Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties that are subject to the same regulations or policies or Reviewer's Response: The motelis currently constructed ont the site within the required setbacks. The literal interpretationofthe: ebadreguremensdoeinet deprive the applicant of the right to have the use oft this property. Althought they view of the Gulf mayr not be accessible, thes swingand pergolacould be  isn not met.  would render the enforcement oft this Code impractical.  placed elsewhere on the site. This criterion is not met.  The grant oft the relief will not bei in derogation oft the generalintent: and purpose of this Code nor Reviewer's Response:The grant of the reliefwill not bei in derogation of the generali intentand purpose of this Code nor the goals, objectives, or policies of the Comprehensive Plan. This criterion is met. 6. The issuance of the variance will not create an inconsistency from the existing character of the area surrounding the site. For the purpose of this measure, "surrounding site" shall meani those parcels which are within a five-hundred-foot. radius of the subject parcel, or within the same Reviewer's Response: The issuance of the variance would allow for an accessory structure to be potentially located within the corner: setback additionalinformation is neededforverfication, The use and construction of this structure is not inconsistent with the existing character of Mexico Beach as a  the goals, objectives, or policies of the Comprehensive Plan.  platted subdivision, as applicable.  beach front community. This criterion is met.  Section 4: Recommendation  The variance application documents dor not containt the neededi informationi to make ac determination and recommendationt forthei issuance oft the corner: setback' variance. Ont that merit alone, this application is The process forav variance is considered quasi-judicial,andt therefore the City musti include findingsoffact  recommended for denial since an adequate review cannot be conducted.  int the approval or denial of this request.  Page 5of5